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...

Supreme Court Half Yearly Digest-Code Of Criminal Procedure [Jan – June, 2024]

Code of Criminal Procedure, 1973 'Absurdity': Supreme Court quashes FIR which alleged book in Indore law college library hurt religious sentiments. Inamur Rahman v. State of M.P. 2024 LiveLaw (SC) 423 Appeal against conviction – Held, Conviction is confirmed. The impugned judgments do not suffer from any infirmity warranting any interference. (Para 49 & 50) Sukhpal Singh v....

Supreme Court Weekly Digest With Subject /Statute Wise Index [July 10 to 17]

Citations 2024 LiveLaw (SC) 451 to 2024 LiveLaw (SC) 477Code of Civil Procedure, 1908Order 2 Rule 2 – Bar to subsequent suit on same cause of action – Observing that the suit for recovery of possession is different from the suit for arrears of rent and damages, the Supreme Court held that there's no bar to file a separate suit for arrears of rent and damages after a suit for possession....

Supreme Court Biannual Digest 2022 -2023: Code Of Criminal Procedure

Code of Criminal Procedure 1973High Courts should endeavour to ensure that all basic essentials (i.e. FIR No., Date, the concerned police station and the offences allegedly committed etc.) are duly recorded or reflected in the format of the bail orders. Ravish Kumar v. State of Bihar, 2023 LiveLaw (SC) 206No accused can be permitted to play with the investigation and/or the court's process....

Supreme Court Weekly Digest With Subject /Statute Wise Index [July 1 to 9]

Citations 2024 LiveLaw (SC) 435 to 2024 LiveLaw (SC) 450Advocate Every advocate is expected to come to the Court in proper attire as per the Rules and behave in the Court. (Para 7) Bijon Kumar Mahajan v. State of Assam, 2024 LiveLaw (SC) 449All India Tourist Vehicles (Permit) Rules, 2023Object – The 2023 Rules have primarily two objects: Firstly, to make the movement of such tourist...

Supreme Court Monthly Digest June 2024

Citations 2024 LiveLaw (SC) 415 to 2024 LiveLaw (SC) 434Arbitration & Conciliation Act 1996Section 29A - A High Court which does not have original civil jurisdiction does not have the power to extend the time limit for passing of the arbitral award. Chief Engineer (NH) PWD (Roads) v. BSC & C and C JV, 2024 LiveLaw (SC) 425BailBail prayers are not to be indefinitely adjourned....

Supreme Court Criminal Digest -May 2024

BailIn the matters relating to liberty of a citizen every single day counts. Keeping the matter for regular bail pending for a period of almost 11 months deprives the petitioner of his valuable right of liberty. Amandeep Singh Dhall v. Central Bureau of Investigation, 2024 LiveLaw (SC) 399Code of Criminal Procedure, 1973 Appeal against conviction – Held, Conviction is confirmed. The...