Supreme Court Monthly Digest- August 2024 With Statute And Subject Wise Index

Ancient Monuments and Archaeological Sites and Remains Act, 1958Monument of national importance - Protection of a structure known as the Gumti - The petitioner challenged the dismissal of his writ petition by the Delhi High Court, which followed the Archaeological Survey of India's (ASI) report that changes made by the Defence Colony Welfare Association (DCWA) to the Gumti resulted in its loss...

Complete Supreme Court Half Yearly Digest 2024 [Final Part]

Labour LawRespondent, a part-time labourer, reinstated by Labour Court in 2001. State repeatedly litigated against implementation of the Labour Court award, harassing respondent for 22 years. Frivolous Special Leave Petition dismissed; respondent awarded costs of Rs.10,00,000. State of Rajasthan v. Gopal Bijawat, 2024 LiveLaw (SC) 125Land LawLand Revenue Code; Section 36A and Registration...

Complete Supreme Court Half Yearly Digest 2024 [Part-2]

Consumer LawConsumer Protection Act, 1986; Section 2(1) (m) and Consumer Protection Act, 2019 – Maintainability of the complaint filed by Insured Company (registered under the Companies Act, 1956) before the National Consumer Disputes Redressal Commission is in question – Whether 'company' is covered by the definition of 'person' under the Consumer Protection Act, 1986? – Held,...

Complete Supreme Court Half Yearly Digest 2024 [Part-1]

Abuse of Process of LawCollusion between parties in tender process – Held, respondent no. 1 in collusion with respondent no. 2, had misused the process of law for covering up the irregularities and illegalities committed in the tender process. The division bench of High Court failed to notice the ill-intention of the respondent nos. 1 and 2 and via the impugned order, permitted respondent no....

Supreme Court Monthly Digest- July 2024 With Statute And Subject Wise Index

Citations 2024 LiveLaw (SC) 435 to 2024 LiveLaw (SC) 537Advocate All miscellaneous amounts charged by Bar Councils for enrolment are 'enrolment fees'. Gaurav Kumar v. Union of India, 2024 LiveLaw (SC) 519Bar Councils can't collect any amount exceeding fee specified under Section 24 of advocates act for enrolment. Gaurav Kumar v. Union of India, 2024 LiveLaw (SC) 519Every advocate is expected...

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In 2020, the Government of India embarked on an ambitious exercise of reforming the Criminal Justice System. On 11th August 2023, three bills titled Bharatiya Nyaya Sanhita (BNS), 2023, Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 and Bharatiya Sakshya Bill, 2023 seeking to repeal and replace the Indian Penal Code (IPC), 1860, the Code of Criminal Procedure (CrPC), 1973 and the Indian...

Supreme Court Half Yearly Digest 2024 - Criminal Minor Acts

Food Safety and Standards Act, 2006If a case is registered against an accused for food adulteration under the Indian Penal Code, 1860 (“IPC”), then by virtue of the overriding effect of Section 89 of Food Safety and Standards Act, 2006 (“FSSA”), the proceedings under IPC cannot be continued against the accused. There cannot be simultaneous prosecution under the IPC and FSSA because...

Supreme Court Half Yearly Digest 2024 - Civil Minor Acts

Agricultural Produce and Livestock Markets Act, 1966 (Andhra Pradesh)Ghee as a product of livestock – The inclusion of “ghee” as a livestock product cannot be faulted merely because it is not directly obtained from milk, which is a product of livestock, it would still be a “product of a product of livestock”. 'Ghee' is derived out of 'milk' by undergoing a process, yet it still...

Supreme Court Half Yearly Digest 2024 - Constitution of India

Article 12 & 226 – Maintainability of Writ Petition – 'State' or 'Other Authority' – The respondent employer, Air India Limited (AIL) after its disinvestment ceased to be a State or its instrumentality within the meaning of Article 12 of the Constitution of India – The writ petitions were maintainable on the date of institution but whether they continued to be maintainable as on...

Supreme Court Half Yearly Digest 2024 -Indian Penal Code, 1860

Section 34 – Common intention – The existence of common intention in a given case must necessarily be established by the Prosecution with relevant evidence. The Court also has the responsibility to analyze and assess the evidence before convicting a person with the aid of Section 34 of the IPC. Importantly, a mere common intention per se may not attract Section 34 IPC without action...

Bharatiya Nagarik Suraksha Sanhita(BNSS) Monthly Digest- July 2024

Supreme Court:'BNSS Removed Discriminatory Provision' : Supreme Court Closes Challenge To CrPC Section Which Says Only Male Family Members Can Accept SummonsCase Title: Kush Kalra v. UoI And Anr. WP(C) No. 958/2022The Supreme Court closed a petition challenging a gender discriminatory provision in the Code of Criminal Procedure 1973 taking note of the fact that the statute's replacement,...

Supreme Court Half Yearly Digest 2024: Evidence Act

EvidenceAppreciation of Evidence – The High Court fails to appreciate evidence in a thorough manner and merely relied on a limited set of facts to arrive at a finding. In an appeal, as much as in a trial, appreciation of evidence essentially requires a holistic view and not a myopic view. Appreciation of evidence requires sifting and weighing of material facts against each other and...