Supreme Court Quarterly Digest on Bail July- September, 2022

Bail - Economic Offences - The gravity of the offence, the object of the Special Act, and the attending circumstances are a few of the factors to be taken note of, along with the period of sentence. After all, an economic offence cannot be classified as such, as it may involve various activities and may differ from one case to another - It is not advisable on the part of the court...

Supreme Court Weekly Digest With Nominal And Subject/Statute Wise Index [October 10 –16, 2022]

Administrative Law - Accountability - Three essential constituent dimensions. (i) responsibility, (ii) answerability and (iii) enforceability. (Para 33-35) Vijay Rajmohan v. State, 2022 LiveLaw (SC) 832 Central Sales Tax Act 1956 - Court directed the state of Andhra Pradesh to transfer to Jharkhand the amount of central sales tax deposited by Tata Motors with respect to the sale of...

Supreme Court Weekly Digest With Nominal And Subject/Statute Wise Index (Citation 815 - 828) [October 1 –9, 2022]

Arbitration and Conciliation Act 1996 - Interest - Party not entitled to interest for the period during which the proceedings were deliberately delayed-A party cannot be permitted to derive benefits from its own lapses. [Para 12 to 14] Executive Engineer (R and B) v. Gokul Chandra Kanungo, 2022 LiveLaw (SC) 824 Arbitration and Conciliation Act, 1996; Section 11 - Court...

Supreme Court Monthly Criminal Digest: September 2022

Bail - Post-conviction bail – All persons who have completed 10 years of sentence and appeal is not in proximity of hearing with no extenuating circumstances should be enlarged on bail. Sonadhar v. State of Chhattisgarh, 2022 LiveLaw (SC) 788 Bonded Labour System (Abolition) Act, 1976; Sections 16-17- For attracting the provision of Section 16 of the Act, the prosecution...

Supreme Court Monthly Digest: September 2022

Magistrate Cannot Make Observations Regarding Rights Of Parties On Property While Dropping Proceedings U/Sec 145 CrPC: Supreme CourtThe Supreme Court bench comprising of Justices Dinesh Maheshwari and Sudhanshu Dhulia observed that, while dropping the proceedings under Section 145 CrPC because of the pendency of civil litigations, a Magistrate cannot make any observations or return...

Supreme Court Monthly Digest With Nominal And Subject/Statute Wise Index- September 2022 (Citations 727 - 814)

Administrative Law - Administrative/executive orders or circulars, as the case may be, in the absence of any legislative competence cannot be made applicable with retrospective effect. Only law could be made retrospectively if it was expressly provided by the Legislature in the Statute. (Para 30) Bharat Sanchar Nigam Ltd. v. Tata Communications Ltd., 2022 LiveLaw...

Supreme Court Weekly Digest With Nominal and Subject/Statute Wise Index [September 26, 2022 – October 2, 2022]

Administrative Law - Doctrine of "unreasonableness" - It is the intention of a legislature, when using statutory language that confers broad choices on the administrative agencies, that courts should not lightly interfere with such decisions, and should give considerable respect to the decision-makers when reviewing the manner in which discretion was exercised. However, discretion must...

Supreme Court Weekly Digest With Nominal And Subject/Statute Wise Index-[September 19, 2022 – September 25, 2022]

Administrative Law - Administrative/executive orders or circulars, as the case may be, in the absence of any legislative competence cannot be made applicable with retrospective effect. Only law could be made retrospectively if it was expressly provided by the Legislature in the Statute. (Para 30) Bharat Sanchar Nigam Ltd. v. Tata Communications Ltd., 2022 LiveLaw...

Supreme Court Half Yearly Complete Civil Digest 2022 (Jan – Jun)

Aadhaar Act 2016 - UIDAI directed to issue Aadhaar cards to sex workers without insisting proof of residence. Budhadev Karmaskar v. State of West Bengal, 2022 LiveLaw (SC) 525 Act of God - Meaning - When nothing of any external natural force had been in operation in a violent or sudden manner, the event of the fire in question could be referable to anything but to an act of God in...

Supreme Court Weekly Digest With Nominal And Subject/Statute Wise Index (Citation 756 - 776) Part 3 [September 12, 2022 – September 18, 2022]

Administrative Law - The decision of the State in its executive power cannot be contradictory to the express provision of the statutory Rules, but where the statute and Rules are silent, the State Government, in exercise of its executive power, is competent to supplement the rules. The executive power of the State is to supplement and not supplant. Director of Teacher's Training...

Supreme Court Weekly Digest With Nominal And Subject/Statute Wise Index-September 5, 2022 – September 11, 2022]

Arbitration and Conciliation Act, 1996; Section 7, 11 - Section 7 of the Act does not mandate any particular form for the arbitration clause - Even if we were to assume that the subject­clause lacks certain essential characteristics of arbitration like "final and binding" nature of the award, the parties have evinced clear intention to refer the dispute to arbitration and abide by...

Supreme Court Monthly Digest- August 2022

Sec 24(1) RFCTLARR Act- Land Acquisition Proceedings Get "Initiated" From Publication Of Sec 4(1) Notification Under 1894 Act : Supreme CourtCase Status: Haryana State Industrial and Infrastructure Development Corporation vs Deepak Aggarwal | 2022 LiveLaw (SC) 644 | SLP (C) 6631-16632/2018In a judgment delivered on Thursday (28 July 2022), the Supreme Court explained the meaning of...