Supreme court
Offence Within Restaurant Not 'House Trespass' As Per Sections 442, 452 IPC : Supreme Court
Observing that a restaurant cannot be said to be either a place used for human dwelling or worship or the custody of the property, the Supreme Court set aside the conviction of a person accused of the offence of "house trespassing after preparation for hurt" under Section 452 of IPC. The bench comprising Justice Bela M Trivedi and Justice Satish Chandra Sharma noted that Restaurant does not...
Partnership Act | Outgoing Partner Entitled To Share In Profits Derived From His Share In Assets Of Firm: Supreme Court
In a recent ruling, the Supreme Court held that if a partner is carrying on business with the assets of the firm, till a final settlement is made, the outgoing partner, would have the right to seek accounts and a share in the profits which might be derived from his share in the assets of the firm. The bench led by Chief Justice DY Chandrachud and comprising Justices JB Pardiwala and Manoj...
Supreme Court Monthly Digest- September 2024 With Statute And Subject Wise Index
AdvocateAdvocates-on-Record can mark the appearances of only those advocates who are authorized to appear and argue the case on a particular day of hearing. Bhagwan Singh v. State of U.P., 2024 LiveLaw (SC) 722Legal professionals are not immune from prosecution for criminal misdeeds. Bhagwan Singh v. State of U.P., 2024 LiveLaw (SC) 722Strict compliance with online appearance marking...
Justice DY Chandrachud's Judgments On Socio-Economic Justice, Gender Equality, Reproductive Rights, Child Welfare & Disability Rights
Chief Justice of India D.Y. Chandrachud, who is set to demit office on November 10, was involved in some of the most significant judgments during his tenure as a judge. Some of his notable judgments on socio-economic and political justice, gender equality and disability rights are briefly discussed below. On socio-economic justice1. E.R. Kumar & Anr vs Union Of India & Ors (November...
Computation Of Royalty Within Executive's Domain, Courts' Interference Barred Unless Decision-Making Process Is Illegal : Supreme Court
Noting that the computation of royalty on minerals is purely a policy decision within the executive's domain, the Supreme Court dismissed the plea challenging the government's change in the royalty calculation method. The Court stated that unless the policymaking authority has overstepped its limits, such decisions cannot be challenged, as they require specialized expertise that judges do...
Timely Implementation Of Resolution Plan Is Crucial To Achieve IBC's Objective Of Protecting Assets Dissipation: Supreme Court
The Supreme Court bench comprising Chief Justice of India DY Chandrachud, Justice JB Pardiwala and Justice Manoj Misra held that unnecessary delay caused in implementation of the Resolution Plan would also lead to the assets of the corporate debtor diminishing in value. Therefore, there is no doubt that the timely implementation of the Resolution Plan is also one of...
'Bulldozer Justice Simply Unacceptable Under Rule Of Law' : Supreme Court In Final Judgment Of CJI DY Chandrachud
The Supreme Court, in the last uploaded judgment of Chief Justice of India DY Chandrachud, has strongly denounced the trend of "bulldozer justice", whereby State authorities resort to demolition of homes of persons as a punitive action for alleged involvement in crimes."Bulldozer justice is simply unacceptable under the rule of law. If it were to be permitted the constitutional recognition of...
Courts Should Exercise Caution Before Passing Interim Orders Directing Colleges To Keep Seat Vacant : Supreme Court
Coming to the aid of two medical colleges, which were directed to keep a medical seat vacant pursuant to a High Court order but incurred loss as the said seat ultimately remained unfilled, the Supreme Court recently paved way for monetary restitution through adjustment of the colleges' proposed fees for successive batches."considering that it is a case of one seat in each college, we feel...
Constitution Bench Judgments Of Justice DY Chandrachud
The Chief Justice of India Dr. D.Y. Chandrachud was elevated as a judge of the Supreme Court on May 13, 2016, and continued until November 7, 2022. He became the 50th CJI on November 8, 2022, and will leave the office on November 10, 2024. During his tenure as a judge and as CJI, Chandrachud has been involved in more than 700 judgments including constitution bench judgments, many of which he...
Lis Pendens Doctrine Kicks In When Petition Is Filed & Not When Court Issues Notice; It Applies Even If Petition Was In Defect : Supreme Court
The Supreme Court has held that the doctrine of lis pendens under Section 52 of the Transfer of Property Act,1882 will kick in from the moment a petition is filed in the Court and not at the stage when notice is issued by the Court.The Court also rejected the argument that the lis pendens doctrine wouldn't apply when the petition was lying in the Registry in a defective state.A bench...
Supreme Court Reinstates Candidates Who Had CCC Certificate In 2014 As Technical Grade-II (Electrical) Employees In UP Power Corporation
The Supreme Court recently found that Uttar Pradesh Power Corporation Limited "grossly erred" in terminating the services of those Applicants who were duly selected and possessed the certificate for computer literacy at the time of interview as required in the advertisement dated 6th September 2014 issued for filling the vacancy of Technical Grade-II (Electrical) in Uttar Pradesh...
