Supreme court
S.138 NI Act | Supreme Court Refuses To Interfere With Concurrent Findings That Cheque Wasn't Issued Towards Legally Enforceable Debt, Upholds Acquittal
Recently, the Supreme Court upheld the acquittal of an accused in a 16-year-old cheque dishonor case since the complainant failed to prove that there exists a legally enforceable debt against the accused.“On the question as to whether the sum involved in the cheques was advanced in discharge of a legally enforceable debt or not, the petitioner has failed to show if any sum was advanced towards financial assistance. The High Court found that the debt/liability, in discharge of which, according to...
Is Sanction Needed To Order Investigation Against Public Servant Under S.156(3) CrPC? Supreme Court Seeks Early Decision In Pending Reference
A two-judge bench of the Supreme Court has called for an early adjudication of the issue whether prior sanction is mandatory for a Magistrate to forward a complaint against a public servant for investigation as per Section 156(3) CrPC. This issue was referred to a larger bench in 2018 in the case Manju Surana v. Sunil Arora. In the present matter, a bench comprising Justices CT Ravikumar and Rajesh Bindal, after noting that the issue was of wide relevance and was arising in several matters...
The Complete Supreme Court Annual Digest- 2023 [Part-VII]
Consumer Law A pedantic and hyper-technical approach would cause damage to the very concept of consumerism. (Para 23) Alpha G184 Owners Association v. Magnum International Trading Company Pvt. Ltd., 2023 LiveLaw (SC) 442 : AIR 2023 SC 2527 Amend Consumer Protection Rules on appointment process of commission members within 3 months : Supreme Court to Centre, States. In Re: Inaction...
Supreme Court Upholds Appointment Of Technical Assistants As Assistant Engineers In TN PWD
While upholding the decision of the Tamil Nadu Government to appoint Technical Assistants as Assistant Engineers in the Public Works Department, the Supreme Court on Tuesday (April 16) expressed displeasure over the attitude of the Association of Engineers in Tamil Nadu to grab all posts of Assistant Engineers in the State without leaving the posts for the candidates promoted from the...
'UGC Regulations Binding On Universities' : Supreme Court Directs Regularization Of Teachers At Jamia Milia Islamia
Observing that the University Grants Commission (UGC) regulations are binding on the Universities, the Supreme Court on Monday (April 15) directed the reinstatement of the teachers at Jamia Milia Islamia (“University”) on a permanent basis who were denied regularization by the University even after UGC's letter to University directing regularization of the teachers who were selected through...
Supreme Court Asks Allahabad HC To Enable E-Filing & Virtual Appearance Facilities At UP District Courts
The Supreme Court on Monday (April 15) asked the Registrar General of the Allahabad High Court to enable e-filing facility at e-Sewa Kendras of all the District Courts in the State of Uttar Pradesh. The Court also stated that a hybrid hearing before the High Court through a virtual set-up in the District Courts of Western UP may take place in compliance with the Allahabad High Court Rules...
Supreme Court Rejects Plea Seeking Voting Arrangements For Displaced Manipuris, Says Too Late To Issue Directions To Election Commission
The Supreme Court on Monday (April 15) declined to entertain a petition seeking voting arrangements for approximately18,000 who got displaced from Manipur due to the ethnic clash to cast their votes in their home constituency in the Lok Sabha General Elections scheduled to take place on April 19 and 26. The bench led by CJI DY Chandrachud comprising Justices JB Pardiwala and Manoj Misra...
NDPS Act | Can Accused Get Default Bail If FSL Report Isn't Submitted With Chargesheet Within Prescribed Time? Supreme Court Refers To Larger Bench
The Supreme Court has referred to a larger bench the question as to whether a person accused of committing offences under the Narcotic Drugs and Psychotropic Substances Act 1985 is entitled to default bail on the failure of the prosecution to furnish the report of the Forensic Science Laboratory along with the chargesheet within the prescribed time.A two-judge bench comprising Justices...
Easement By Necessity Not Available When There Is Alternative Way To Access Property : Supreme Court
Recently, the Supreme Court observed that the claimant of an easementary right wouldn't be entitled to claim the 'easementary right by necessity' for enjoying the 'Dominant Heritage' (the property owned by the claimant) when there exists an alternative way to access the 'Dominant Heritage' apart from the way over which the easementary rights were claimed to access the Dominant...
The Complete Supreme Court Annual Digest- 2023 [Part-VI]
Article 16 - Equality of opportunity in matters of public employment Constitution of India; Article 16 - the intention of Article 16 was not to compromise on administrative efficiency. A certain portion (promotion) cannot be reserved for a certain class of citizen and not the others who were also initially appointed on the basis of horizontal reservation, the only exception...
Search & Seizure Provisions Of NDPS Act Do Not Affect Article 20(3) Of Constitution : Supreme Court
The Supreme Court recently (on April 09) observed that Article 20(3) of the Indian Constitution remains unaffected by the provisions of search and seizure under the Narcotic Drugs and Psychotropic Substances Act, 1985 (Act). Article 20 (3) of the Constitution provides that no person accused of any offence shall be compelled to be a witness against himself."In the instant case, we...
Supreme Court Weekly Round-Up (8th April-13th April, 2024)
With another week gone at the Supreme Court of India, Live Law is back with its Supreme Court Weekly Digest, dedicated to keeping our readers abreast of the most recent legal developments in the country's apex court. This digest aims to inform you about the latest judgments, orders, and Public Interest Litigations (PILs) filed in the Supreme Court during the past week and also the updates...