Supreme Court Quarterly Digest On Banking Law [Jan-March, 2023]

Adverse inference cannot be drawn against a plaintiff merely because he did not produce his bank passbook. Basavaraj v. Padmavathi, 2023 LiveLaw (SC) 17 : AIR 2023 SC 282 : (2023) 4 SCC 239'Any' means 'All' : Supreme Court says Centre can demonetise all series of bank notes invoking Section 26(2) of RBI Act. Vivek Narayan Sharma v. Union of India, 2023 LiveLaw (SC) 1 : (2023) 3 SCC 1 : (2023)...

Supreme Court Quarterly Digest On Land Laws [January to March 2023]

Land LawsCoal Bearing Areas (Acquisition and Development) Act, 1957; Section 2(d), 11 - The State Government being the original owner can be said to be deemed lessor - The State Government can be said to be the ‘person interested’ in getting the compensation. (Para 5) Mahanadi Coalfields Ltd. v. State of Odisha, 2023 LiveLaw (SC) 51 : AIR 2023 SC 668Coal Bearing Areas (Acquisition...

Supreme Court Quarterly Tax Digest 2023

Building Tax Act 1975 (Kerala); Explanation to Section 3(1) - 'Charitable purpose' not limited to 'free medical relief'- The Explanation goes to indicate that ‘charitable purposes’ includes and is, therefore, not confined to the relief of the poor and free medical relief. Consequently, the decision in SH Medical Centre Hospital vs State Of Kerala & Ors (2014) 11 SCC 381 to the extent...

Supreme Court Weekly Digest With Nominal And Subject/Statute Wise Index(Citations 372 - 402) [May 1 – 7, 2023]

SUBJECT WISE INDEXAdverse PossessionThe onus to prove acquisition by adverse possession shifts on the defendant, once the title of the property has been upheld in the name of Plaintiff by a judgment/decree in an earlier suit between the same parties. (Para 7) Prasanna v. Mudegowda, 2023 LiveLaw (SC) 381Amravati Land ScamThe Supreme Court set aside the High Court order which stayed the probe...

Supreme Court Quarterly Digest On Insolvency And Bankruptcy Code [Jan – Mar, 2023]

Constitution of India, 1950; Article 142 - Insolvency of Reliance Home Finance Ltd (RHFL) - the Supreme Court allowed the Resolution Plan (RP) proposed by Authum Investments and Infrastructure Ltd. (AIIL) to cover the debenture holders of RHFL - the plan will not cover dissenting debenture holders - the dissenting debenture holders should be provided an option to accept the terms of...

Supreme Court Weekly Digest With Nominal And Subject/Statute Wise Index (Citations 337 - 371) [April 24 – 30, 2023]

SUBJECT WISE INDEXAdministrative LawRules of Business - When the Cabinet constitutes a committee and the latter’s actions are validated by the Minister and the rest of the Council, then it cannot be claimed that Rules of Business have not been followed by the State Government in the course of its decision-making process. (Para 90) Rajasthan Industrial Development and Investment Corporation...

Supreme Court Monthly Digest April 2023

SUBJECT WISE INDEX Administrative Law Rules of Business - When the Cabinet constitutes a committee and the latter’s actions are validated by the Minister and the rest of the Council, then it cannot be claimed that Rules of Business have not been followed by the State Government in the course of its decision-making process. (Para 90) Rajasthan Industrial Development...

Supreme Court Criminal Law Digest: April 2023

Accused not entitled to default bail when first extension (passed in absence of accused) wasn't challenged & second extension was passed in his presence. Qamar Ghani Usmani v. State of Gujarat, 2023 LiveLaw (SC) 297 Alleged lack of jurisdiction of court no ground to transfer case: Supreme Court dismisses PFI student wing leader's plea. Ka Rauf Sherif v....

Supreme Court Quarterly Digest On Service Law [Jan - Mar, 2023]

One Rank One Pension (OROP) - Supreme Court extends the time for Centre to disburse pension arrears for ex-servicemen under the OROP scheme. Indian Ex Service Movement v. Union of India, 2023 LiveLaw (SC) 264It is trite law that courts would not prescribe the qualification and/or declare the equivalency of a course. Until and unless rule itself prescribes the equivalency, namely,...

Supreme Court Quarterly Digest On Indian Penal Code 1960 [ Jan-Mar 2023]

Penal Code, 1860 - Constitutional Courts can impose fixed term sentence even in cases where death penalty was not proposed - "Even in a case where capital punishment is not imposed or is not proposed, the Constitutional Courts can always exercise the power of imposing a modified or fixed-term sentence by directing that a life sentence, as contemplated by “secondly” in Section 53 of the...

Supreme Court Quarterly Digest On Evidence Law [Jan – Mar, 2023]

Close RelativeTestimony of a close relative - A witness being a close relative is not a ground enough to reject his testimony. Mechanical rejection of an even “partisan” or “interested” witness may lead to failure of justice. The principle of “falsus in uno, falsus in omnibus” is not one of general application. (Para 17.4) Ravasaheb @ Ravasahebgouda v. State of Karnataka, 2023...

Supreme Court Quarterly Digest On Consumer Law [Jan – Mar, 2023]

Amend Consumer Protection Rules on appointment process of commission members within 3 months: Supreme Court to Centre, States. In Re: Inaction of the Governments in appointing President and Members/Staff of Districts and State Consumer Disputes Redressal Commission and inadequate infrastructure across India v. Union of India, 2023 LiveLaw (SC) 201Consumer Commissions can't decide...