Observations By Coordinate Bench No Ground To Review A Judgment : Supreme Court Lays Down 8 Principles On Scope Of Review

Observations made by a coordinate bench about a judgment cannot be a ground to review it, said the Supreme Court while dismissing review petitions filed against the 2022 judgment in State Tax Officer v. Rainbow Papers Ltd 2022 LiveLaw (SC) 743.In Rainbow Papers, a bench comprising Justices Indira Banerjee (since retired) and AS Bopanna held that a resolution plan under the Insolvency...

Delhi Riots: Court Slams Delhi Police For Wrongly Clubbing 19 Complaints In One FIR, Orders Separate Probe

A Delhi Court has slammed the Delhi Police for wrongly clubbing 19 complaints in a Delhi riots case without having any sound basis and ordered that the incidents be investigated separately. Additional Sessions Judge Pulastya Pramachala of Karkardooma Courts observed that there were 20 different places of different incidents taken up for investigation in one FIR, but none of the IOs bothered...

Witness Not Discredited By Mere Contradiction Between Testimony And Statement Given To Police : Supreme Court

The Supreme Court recently observed that a witness will not stand totally discredited merely because the testimony given during the trial contradicted the earlier statement given to the police. "No doubt statement given before police during investigation under Section 161 are “previous statements” under Section 145 of the Evidence Act and therefore can be used to cross examine a witness....

IBC Resolution Plan Can't Ignore Government Dues : Supreme Court Dismisses Review Petitions Against 'Rainbow Papers'

The Supreme Court on Tuesday (October 31) dismissed a batch of review petitions filed against a 2022 judgment which held that the definition of a secured creditor under the Insolvency and Bankruptcy Code (IBC) 2016 included any government or governmental authority and that a resolution plan which ignored dues to the government was liable to be rejected.A bench comprising Justices AS Bopanna...

No Way To Prohibit Trading Of Electoral Bonds Since They Can Be Transferred, Says Supreme Court During Hearing [Day 1]

While hearing the batch of petitions challenging the anonymous electoral bonds scheme, the Supreme Court today commented on the lack of control over transactions involving Electoral Bonds owing to the transferability of the bonds. The Constitution bench comprising Chief Justice of India DY Chandrachud, Justices Sanjiv Khanna, BR Gavai, JB Pardiwala, and Manoj Misra considered arguments raised...

Supreme Court Adjourns Hearing In SNC Lavalin Case

The Supreme Court on Tuesday (31.10.2023) adjourned the appeals filed by the Central Bureau of Investigation (CBI) challenging the discharge of Kerala Chief Minister Pinarayi Vijayan and other accused in the SNC Lavalin Case.A bench comprising Justices Surya Kant, Dipankar Datta and Ujjal Bhuyyan adjourned the hearing following a request for passover made on behalf of Additional Solicitor...

Motor Accident Claims | No Right To Recovery For Insurer Merely Because Vehicle Owner Didn't Verify Driver's License : Supreme Court

The Supreme Court on Monday (30th October) held that an insurance company cannot claim that it is not liable to pay compensation in a motor vehicle accident claim just because the vehicle owner did not verify the genuineness of the driving licence of the driver employed. The Court said that the burden is on the insurance company to prove that there was a failure on the part of the vehicle...

Jammu & Kashmir High Court Notifies Guidelines On Arrest, Detention And Bail To Accused

The Jammu & Kashmir and Ladakh High Court has issued a set of comprehensive guidelines pertaining to arrest, detention, and bail procedures, in consonance with the directions passed by the Supreme Court in Md. Asfak Alam vs State of Jharkhand, Cr. Appeal No 2207 of 2023.A notification to this effect issued by Registrar General Mr Shahzad Azeem,“Acting in compliance to the directions...

'Advocates-on-Record Are Not Not Mere Signing Authorities': Supreme Court Lambasts AoRs Filing Frivolous Petitions; Seeks Reform Measures

Advocates-on-record cannot be reduced to mere signing authorities, the Supreme Court observed on Tuesday (October 31), while lambasting the practice of signing off on petitions without examining their content. The Court has called for suggestions from the bar for framing a "comprehensive policy" to curb the practice of AoRs merely acting as signing authorities and filing frivolous...

CCI Publishes Draft For Leniency Plus, Invites Comments From Stakeholders

The Competition Commission of India (“CCI”) has issued the draft CCI (Lesser Penalty) Regulations, 2023 (“Draft Regulations”) dated 16.10.2023, inviting comments from its stakeholders. Earlier, the Competition Act, of 2002 was amended by the Competition (Amendment) Act 2023, and the amended act introduced a ‘Leniency Plus Framework’. Under the Leniency Plus...

'Atrocious' : Supreme Court Shocked By Plea Challenging Articles 20 & 22; Pulls Up Lawyers

The Court said that Advocates-on-Record can't be mere signing authorities who file petitions without examining its contents.

'False Allegation Of Rape Causes Distress & Humiliation To Accused': Supreme Court Acquits Man After 23 Years In Rape Case

The testimony of the prosecutrix must be appreciated in the background of the entire case, the Court said.