Supreme court
BREAKING| Advocates Not Liable Under Consumer Protection Act For Deficiency Of Services : Supreme Court
In a crucial development, the Supreme Court on Tuesday (May 14) held that advocates cannot be held liable under the Consumer Protection Act 1986 (as re-enacted in 2019) for deficiency of services. The Court held that professionals have to be treated differently from persons carrying out business and trade.As a corollary, the Court held that complaints against advocates alleging deficiency of services are not maintainable before the Consumer Forum. A bench of Justices Bela Trivedi and...
S. 102(3) Cr.P.C. | Police Seizure Wouldn't Get Vitiated Altogether Due To Delayed Reporting To Magistrate: Supreme Court
The Supreme Court on Monday (May 13) observed that the delay in reporting the seizure report by the police to the magistrate wouldn't vitiate the act of seizure by police under Section 102(3) of the Code of Criminal Procedure, 1973.Reversing that part of the High Court's findings which had declared the seizure report to be vitiated because the report wasn't sent forthwith to the magistrate, the bench comprising Justices P.S. Narasimha and Aravind Kumar observed that although the law requires the...
The Complete Supreme Court Annual Digest- 2023 [Part-XX]
Tamil Learning Act, 2006 Tamil Nadu Tamil Learning Act, 2006 - The State had issued circulars mandating the study of Tamil as a primary subject while allowing linguistic minorities the option to study their mother tongue. Held, the state's circulars should be executed in their entirety. Therefore, similar to other subjects, minimum qualifying marks should be stipulated for the...
Direct Tax Cases Weekly Round-Up: 5 To 11 May 2024
Supreme Court Interest-Free/Concessional Loans To Bank Employees Taxable As Perquisite : Supreme Court Upholds Rule 3(7)(I) Of Income Tax Rules Case Name- All India Bank Officers' Confederation Vs The Regional Manager, Central Bank Of India & Others Citation : 2024 LiveLaw (SC) 352 A Division bench of the Supreme Court comprising of Justice Sanjiv Khanna and...
Order 41 Rule 31 CPC | Omission To Separately Frame Issues Not Fatal If Appellate Court Has Otherwise Dealt With Them : Supreme Court
The Supreme Court held that an omission to frame points of determination by the first appellate court as per Order 41 Rule 31 of the Code of Civil Procedure, 1908 (“CPC”) would not prove fatal as long as that first appellate court dealt with all the issues that arise for deliberation in the said appeal.“Thus, even if the first appellate Court does not separately frame the points...
JJ Act | Appeal Against Preliminary Assessment Order Maintainable Before Children's Court, Not Sessions Court: Supreme Court
In a recent decision, the Supreme Court held that the appeal against the preliminary assessment order of the Juvenile Justice Board (JJB) under Section 101(2) of JJ Act, 2015 would be filed before the 'Children's Court' if the Children's court is available despite the existence of the Sessions Court. Giving a conjoint reading to the provisions of JJ Act, 2025 and Juvenile Justice Model...
The Complete Supreme Court Annual Digest- 2023 [Part-XIX]
Sexual Harassment 'Aggrieved woman' not covering lgbtqia persons : Supreme Court refuses plea to make its sexual harassment regulations gender-neutral. Binu Tamta v. High Court of Delhi, 2023 LiveLaw (SC) 969 In sexual harassment cases, Courts shouldn't get swayed by 'hyper technicalities; must consider broader context. Union of India v. Dilip Paul, 2023 LiveLaw...
Supreme Court Weekly Round-Up (06 May-11 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...
The Complete Supreme Court Annual Digest- 2023 [Part-XVIII]
Securities and Exchange Board of India Act, 1992 Securities and Exchange Board of India Act, 1992 - Fees paid by director does not attract exemption under Clause 4 of schedule III of the Securities and Exchange Board of India (Stock Brokers and SubBrokers) Regulations, 1992. GPSK Capital Pvt. Ltd. (Formerly Mantri Finance Ltd.) v. Securities and Exchange Board of India, 2023...
Consumer Protection Act 1986 | Onus Of Proving That Service Was Availed For 'Commercial Purpose' Is On Service Provider : Supreme Court
In an important ruling relating to consumer protection law, the Supreme Court on Friday (May 10) set out the manner in which the consumer fora must decide technical pleas raised by service providers against the maintainability of the consumer complaints on the ground that goods/services were availed by the consumer for the commercial purposes.Affirming the decision of the National...
Supreme Court Upholds Centre's Rule Prescribing 'Compulsory Retirement' As Punishment For CRPF Personnel
The Supreme Court in a recent judgement held that 'compulsory retirement' under the Rules of Central Reserve Police Force (CRPF) was validly within the purpose of maintaining 'disciplinary control' over the force under the CRPF Act 1949.The bench of CJI DY Chandrachud and Justices JB Pardiwala and Manoj Misra held that the provision of minor punishment under S. 11 of the CRPF Act...
Issuance Of First Premium Payment Receipt To Insured Would Provide Presumption Of Policy Acceptance By Insurer: Supreme Court
In a recent decision concerning insurance law, the Supreme Court observed that the issuance of a receipt of the first premium payment by the insurer would provide a presumption of the acceptance of the policy by the insurer.Reversing the findings of the National Consumer Dispute Redressal Commission (“NCDRC”), the bench comprising Justices AS Bopanna and CT Ravikumar, while interpreting...