Supreme court
Supreme Court Weekly Round-Up (13 May-18 May, 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, providing a...
As Civil Suit To Enforce Claim In Benami Property Is Barred, Criminal Proceeding By 'Real' Owner Also Impermissible: Supreme Court
In a recent decision related to the Benami Act, the Supreme Court held that the person claiming to be the owner of the Benami property cannot institute a suit/proceedings against the person in whose name the properties are held. “It is, thus, clear that the complainant (person claiming to be an owner of benami property) in spite of having made investments in the land deals which were...
'National Security Of Paramount Importance' : Supreme Court Sets Aside Bail Granted To PFI Members In UAPA Case
The Supreme Court on Wednesday (May 22) set aside the Madras High Court order granting bail to 8 men allegedly belonging to the banned Popular Front of India (PFI) charged under the Unlawful Activities Prevention Act (UAPA). The Court cancelled the bail of the persons stating that the allegations of collecting funds to commit terrorist acts against them appeared to be 'prima facie true'....
Supreme Court Quarterly Digest - Constitution Of India [Jan-Mar, 2024]
Constitution - Supreme Court Quarterly Digest 2024 Article 13 – Scope of Judicial Review in matters of economic policy – Courts must adopt a less stringent form of judicial review while adjudicating challenges to legislation and executive action which relate to economic policy as compared to laws relating to civil rights such as the freedom of speech or the freedom of religion....
TN Industrial Establishments Act | Permanent Status Can't Be Denied To Workmen Who Worked Uninterruptedly For 480 Days In 24 Months : Supreme Court
In a recent decision relating to the grant of permanent status to the workmen employed in the industrial establishments in the State of Tamil Nadu, the Supreme Court held that the TN Medical Services Corporation could not deny the permanent status to the workmen if they have worked consecutively for more than 480 days in a period of twenty-four calendar months in the commercial...
Supreme Court Quarterly Digest 2024- ARBITRATION (Jan - Mar)
SUPREME COURT QUARTERLY DIGEST 2024Arbitration and Conciliation Act, 1996An award could be said to be against the public policy of India in, inter alia, the following circumstances: 1. When an award is, on its face, in patent violation of a statutory provision 2. When the arbitrator/Arbitral Tribunal has failed to adopt a judicial approach in deciding the dispute. 3. When an award is in...
Litigants Should Be Allowed To Appear Virtually If Court Thinks Their Presence Is Required : Supreme Court
Observing that the personal presence of the litigant suffering from ailments can be sought through a virtual medium when there's a facility in the High Court to appear through a virtual mode, the Supreme Court on Monday (May 20) provided a relief to the litigant by staying an operation of the Calcutta High Court's order which had directed the personal appearance of the litigant.The Vacation...
NDPS Act | Confiscation Of Vehicle Can't Be Ordered Without Hearing Its Registered Owner : Supreme Court
The Supreme Court has held that an order passed under the Narcotic Drugs and Psychotropic Substances Act 1985 (NDPS Act) for the confiscation of a vehicle will be illegal if it was passed without hearing the owner of the vehicle.Referring to Section 63 of the NDPS Act, the Court said that an order confiscation of an article cannot be passed until the expiry of one month from the date of...
To Punish A Person For Casteist Insults Under SC/ ST Act, Comments Have To Be Made Within Public View: Supreme Court
The Supreme Court, while deciding a case arising out of a complaint made for an offence under the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 (Act), observed that an allegation of insult has to satisfy the requirement of having been made within public view. In the present case, the appellant had alleged that an offence under the Scheduled Caste and...
Electricity Act | SEZ Developer Not Ipso Facto A 'Deemed Distribution Licensee', Must Apply For Recognition And Be Scrutinized : Supreme Court
The Supreme Court recently held that SEZ developers, though conferred the status of "deemed distribution licensee" under the Electricity Act, must apply in terms of applicable Regulations and be scrutinized. The court further distinguished between regular distribution licensees and deemed distribution licensees to set aside a pre-condition imposed on an applicant requiring infusion of...
Bail Can Be Cancelled By Same Court Which Granted It If There Are Serious Allegations Even If Accused Hasn't Misused Bail : Supreme Court
In a recent decision, the Supreme Court observed that the same Court which granted bail to an accused can cancel the bail if there are serious allegations against him although the accused has not misused the bail.“If there are serious allegations against the accused, even if he has not misused the bail granted to him, such an order can be cancelled by the same Court that has granted the...