The Complete Supreme Court Annual Digest- 2023 [Part-IV]

Code of Criminal Procedure, 1973 Code of Criminal Procedure, 1973 - Difference in the power of Police to register and investigate an FIR under Section 154(1) read with 157 of the Code, and the Magistrate's direction to register an FIR under Section 156(3) of the Code. Power of the Magistrate to direct registration of an FIR under Section 156(3) in contrast with post-cognizance...

The Complete Supreme Court Annual Digest- 2023 [Part-III]

Citizenship The Supreme Court sets aside the ex-parte order of the Foreigners Tribunal which declared a woman non-indian. Rashida Begum @ Rashida Khatun v. Union of India, 2023 LiveLaw (SC) 85 Centre's decision to bar OCI (Overseas Citizens of India) students from general seats will apply to only those who register as OCIs after 04.03.2021. Anushka Rengunthwar v. Union of India,...

The Complete Supreme Court Civil Digest 2023

AbortionFoetus has no separate identity from its mother; Women can't be forced to undergo pregnancy at risk of physical and mental trauma. In the matter of Union of India, 2023 LiveLaw (SC) 881Woman alone has the right over her body; she's the ultimate decision maker on abortion. XYZ v. State of Gujarat, 2023 LiveLaw (SC) 680'Forcing woman to have child born out of rape against...

A Comprehensive Evaluation Of Section 31 Cr.P.C Regarding The Sentence To Be Passed For Several Offences At One Trial [Q And A] [PART-II]

PART-I Of This Article Can be read hereTHE COMBINED OPERATION OF SECTIONS 31 AND 325 Cr.P.C.This can be better understood by discussing a concrete example in the form of a problem. PROBLEM As members of an unlawful assembly sharing the same common object, A1 to A5 committed rioting and attacked PWs 1 to 3 from a public road at 7 pm. A1 and A2 were each wielding...

Important MCQs Based On Latest Supreme Court Judgments For Law Examinations

Q 1. When the Police Officer uses a case diary to refresh their memory, can the accused be permitted to rely on a case diary to cross-examine the police? State the correct position of law. a. The accused wouldn't be permitted to rely on a case diary to cross-examine the police. b. When the police officer uses a case diary to refresh his memory, the accused will get a right to access it...

Supreme Court Criminal Digest February 2024

AcquittalAppeal from acquittal – Principles of deciding – Appreciation of evidence is the core element of a criminal trial and such appreciation must be comprehensive i.e. inclusive of all evidence, oral or documentary. Partial or selective appreciation of evidence may result in a miscarriage of justice and is in itself a ground of challenge. If the Court, after appreciation of...

Supreme Court Annual Digest 2023 - Criminal Minor Acts

Abkari ActAbkari Act; Section 8 - The testimonies of official witnesses cannot be discarded simply because independent witnesses were not examined - the person receiving the information of the crime or detecting the occurrence thereof, can investigate the same. Questioning such an investigation on the basis of bias or such like factor, would depend on the facts and circumstances of each case....

Budget 2024 | Income Tax Slabs To Remain Unchanged: Union Finance Minister Nirmala Sitharaman

Union Finance Minister Nirmala Sitharaman today announced that the taxation rates for both direct and indirect taxes will remain unchanged."I do not propose to make any changes related to taxation. Tax rates to be retained for direct and indirect taxes including import duties," she said while presenting the interim budget in Parliament, ahead of 2024 General Elections.Direct Tax Rates as...

Supreme Court Annual Digests 2023- Protection of Children from Sexual Offences (POCSO) Act

Protection of Children from Sexual Offences Act, 2012 - Juvenile Justice (Care and Protection of Children) Act, 2015; Section 3 - A support person – whether involved from the early stages of lodging a report or brought on board shortly thereafter - can play a tremendous role in offering encouragement, reassurance, and guidance, merely from their knowledge of the legalese, armed with...

Supreme Court Annual Digest 2023- Prevention of Money Laundering Act (PMLA), 2002

Prevention of Money Laundering Act (Act 15 of 2003) – Section 3 – Registration of ECIR – Effect of delay – Information about all complaints, the nature of the complaints, and the amount of money allegedly collected towards illegal gratification had all come into the public domain – Once a piece of information relating to the acquisition of a huge amount of illegal gratification in...

Supreme Court Annual Digest 2023 - Prevention Of Corruption Act

Prevention of Corruption Act, 1988 - Demand and recovery both must be proved to sustain conviction under the Act - Conviction set aside as demand was not proved. 2023 LiveLaw (SC) 232Prevention of Corruption Act, 1988 - In the present case, there are no circumstances brought on record which will prove the demand for gratification. Therefore, the ingredients of the offence under Section 7 of...

Supreme Court Annual Digest 2023 - Service Law

28 years after applying, a man got a job in the postal dept at 50 years of age due to the Supreme Court's Order. 2023 LiveLaw (SC) 882A person cannot be deemed to be in service when the first dismissal order is in force. 2023 LiveLaw (SC) 42Absorption - The appellant's claim for absorption as Assistant Teacher in the Higher Secondary Section is not tenable. It observed that the appellant...