Supreme court
JJ Act | Names Of Presiding Officer/Members Should Be Specifically Mentioned In Orders When Signed, Including Interim Orders: Supreme Court
The Supreme Court has flagged concern about the non-mentioning of the names of the presiding officer or members when the order is passed under the Juvenile Justice Act, 2015. “The Presiding Officers or Members of the Board, as the case in hand, or Tribunals do not mention their names when the order is passed. As a result of which it becomes difficult to find out later on, as to who was presiding the Court or Board or Tribunal or was the member at the relevant point of time. There may be many...
UP Consolidation of Holdings Act | S.49 Doesn't Bar Jurisdiction Of Civil Courts To Determine Ownership Rights : Supreme Court
The Supreme Court has held that the power to declare the ownership in an immovable property can be exercised only by a Civil Court unless barred under a law, and that the UP Consolidation of Holdings Act, 1953 does not contain such a bar The Court has clarified that the power under Section 49 of the 1953 Act cannot be exercised to take away the vested title of a tenure holder, or to grant ownership in a property to one in whom it never vestedFactual BackgroundThe bench of Justices Surya Kant and...
The Complete Supreme Court Annual Digest- 2023 [Part-XVII]
Registration Act, 1908 Registration Act, 1908 - Effect of Tamil Nadu amendment by which Section 17(1)(g) of the Registration Act has been inserted which makes agreement to sell immovable property valued above Rs 100 compulsorily registrable - Held, the amendment will not affect proviso to Section 49, which allows unregistered sale agreements to be received in evidence. (Para 12, 13)...
Supreme Court Prescribes 30 Days Time Limit To Prefer Appeal Against Juvenile Justice Board Preliminary Assessment Order
Noting that no time limit has been prescribed under the Juvenile Justice(Care and Protection of Children) Act, 2015 to prefer an appeal against the preliminary assessment order of the Juvenile Justice Board (JJB), the Supreme Court in a recent judgment deemed it appropriate to fill up this gap by prescribing 30 days' time limit for preferring appeal against the JJB's preliminary assessment order. The Court noted that neither any time has been fixed for filing the appeal nor any provision is...
Witness Statement Recorded In Absence Of Accused Can Be Used As Evidence If Conditions In S.299 CrPC Are Fulfilled : Supreme Court
In a recent judgment, the Supreme Court held that the statements of the prosecution witness recorded in the absence of the accused can be read as a substantive piece of evidence when the prosecution witness could not be traced out and produced in the witness box for deposition during trial after the accused had been arrested. Affirming the decision of the High Court and Trial Court, the bench comprising Justices BR Gavai and Sandeep Mehta observed that the statements of the prosecution witness...
Conviction Can't Be Set Aside Merely Because Prosecution Witness Turned Hostile: Supreme Court
The Supreme Court on Wednesday (May 08) held that the evidence of a prosecution witness cannot be rejected in toto merely because the prosecution chose to treat him as hostile and cross-examined him. Affirming the decision of the High Court and Trial Court, the bench comprising Justices BR Gavai and Sandeep Mehta declined to aside the conviction of the accused merely because the prosecution witness didn't support the prosecution's case in their cross-examination. Noting that there was a...
Supreme Court Weekly Digest With Subject /Statute Wise Index [April 1 to 13]
SUPREME COURT WEEKLY DIGEST APRIL 2024 PART 1 (APRIL 1 - 13, 2024)Citations 2024 LiveLaw (SC) 269 to 2024 LiveLaw (SC) 290Abuse of Process of Law Abuse of process of law – Collusion 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...
Can Time-Barred Debts Be Recovered Through Remedies Other Than Civil Suits As Per Special Laws? Supreme Court Refers To 3-Judge Bench
The Supreme Court has referred to a 3-judge bench the question whether debts, which cannot be recovered by filing civil suits as they are time-barred under the Limitation Act 1963, can be recovered by invoking other remedies under special statutes for debt recovery.The Court was hearing an appeal against a judgment of the Punjab and Haryana High Court which held that a time-barred debt can...
The Complete Supreme Court Annual Digest- 2023 [Part-XVI]
Prevention of Dangerous Activities Telangana Prevention of Dangerous Activities of Bootleggers, Dacoits, Drug-Offenders, Goondas, Immoral Traffic Offenders, Land Grabbers, Spurious Seed Offenders, Insecticide Offenders, Fertiliser Offenders, Food Adulteration Offenders, Fake Document Offenders, Scheduled Commodities Offenders, Forest Offenders, Gaming Offenders, Sexual...
UP Consolidation of Holdings Act | Consolidation Officer Can't Take Away Ownership Of Tenure Holder And Grant It To Another : Supreme Court
In a recent decision concerning the U.P. Consolidation of Holdings Act, 1953, the Supreme Court held that the Consolidation Officer is not vested with the power to take away the vested title of a tenure holder and grant ownership to some other person in the property.Affirming the decision of the High Court, the bench comprising Justices Surya Kant and P.S. Narasimha underscored the duty of...
Elected Members Of Municipality Can't Be Removed At Whims And Fancies Of Civil Servants Or Their Political Masters : Supreme Court
The Supreme Court, in a recent challenge against the disqualification of elected members of certain local municipalities in Maharashtra, held that elected representatives at the grass-roots level of democracy could not be thrown out of office at the 'whims and fancies' of civil servants or their 'political masters'. Setting aside the disqualification orders issued in 2015 and 2016 by...