Security Furnished By Judgment Debtor In The Form Of A Rented Shop Belonging To A Third Party Cannot Be Accepted : Supreme Court

The Supreme Court has upheld the decision of the Allahabad High Court that the security furnished by the judgment debtor in the form of a rented shop belonging to a third party, of which the surety was a tenant, cannot be accepted as a security in law.The bench of Justices K.M. Joseph and Hrishikesh Roy was considering an appeal against the decision of the High Court who had dismissed the writ petition filed against the order of the Trial Court, where the latter had rejected the surety provided...

Duty To Fill Up Vacancies From Waiting List Does Not Arise In The Absence Of A Rule Mandating It : Supreme Court

“Mere publication of the Additional List does not create any right to be appointed"

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...

Failure To Plead Material Facts Concerning Alleged Corrupt Practice Is Fatal To Election Petition: Supreme Court

The Supreme Court has ruled that failure to plead material facts concerning alleged corrupt practice is fatal to the election petition. The top court observed that when allegations of corrupt practice is made against an elected representative in an election petition, the proceedings virtually become quasi-criminal. Further, the outcome of such a petition is very serious, which can oust a popularly elected representative of the people. Therefore, non-compliance with the requirement of stating...

‘Courts Below Failed To Properly Evaluate Evidence’: Supreme Court Acquits Two Convicts In 22 Year Old Murder Case

The Supreme Court recently set aside the conviction of two murder convicts under Sections 302, 34, 201 of IPC and Sections 4, 25 of Arms Act, on the ground that the prosecution failed to prove beyond reasonable doubt that the deceased was last seen alive in the company of the accused near the spot at the relevant time.The division bench of Justice Hrishikesh Roy and Justice Manoj Misra observed:“……..we are of the considered view that the case in hand is a quintessential case where to solve out a...

Section 53A CrPC | Samples Collected From Accused Must Be Sent To Laboratory As Soon As Possible : Supreme Court

The Supreme Court recently while setting aside a death sentence imposed on a convict for allegedly sexually assaulting and killing a minor girl, observed that the samples when collected shall be sent to the laboratory without any delay so that the possibility of contamination and the concomitant prospect of diminishment in value can be ruled out.It further noted that there shall be compliance of Section 53A of CrPC and ‘chain of custody’ of samples collected shall be maintained. The bench...

Judicial Officers' Pension | Notionally Include Increment Which Becomes Due On The Day After Retirement : Supreme Court

Accepting a recommendation made by the Second National Judicial Pay Commission, the Supreme Court has directed that the increment which becomes due to the judicial officer on the day after his retirement may be notionally included in the calculation of his pension as his last pay, subject to the vertical ceiling of Rs. 2,24,100/.The Commission suggested that judicial officers should have the benefit of increment falling due the next day following their retirement. A bench comprising Chief...

SC/ST Act | Desirable To Outline Caste Related Utterances In FIR Or Chargesheet Before Subjecting Accused To Trial: Supreme Court

Before subjecting an accused to a trial for alleged commission of offence under Section 3(1)(x) of the the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, it is desirable that the caste related utterances are outlined either in the FIR or, atleast, in the chargesheet, said the Supreme Court recently. It opined that the same would enable to ascertain if a case is made out for an offence under the SC/ST Act before taking cognisance of the matter(Ramesh Chandra...

Limitation Period For Arbitration | Mere Negotiations Between Parties Will Not Postpone The Cause Of Action : Supreme Court

The Supreme Court while adjudicating an application filed under Section 11(6) of the Arbitration and Conciliation Act, 1996 for appointment of arbitrator, has held that the limitation period of three years for filing such application would commence from the date when the cause of action arose. Subsequent negotiations between the parties, which take place after the cause of action has arisen,...

Judicial Officers' Inability To Meet Targets During Initial Years Need Not Be Viewed Seriously : Supreme Court Relaxes ACP Norms For Civil Judges( Jr Div)

"A Civil Judge (Jr Div) is normally in the process of learning the work in his first two years"

When Can A Provision Be Held To Be Clarificatory With Retrospective Effect? Supreme Court Explains

The Supreme recently held that for a subsequent order/provision/amendment passed to be considered a clarification to the original provision, it must not expand or alter the scope of the original provision and that the original must be sufficiently vague or ambiguous so as to require such clarification.The Apex Court observed while it was well established that a clarification or an explanation to clear any ambiguity or correct any glaring omissions in a statute would be applicable...

Courts Should Not Ordinarily Interfere In Matters Relating To Tender Or Contract: Supreme Court

"The courts should not use a magnifying glass while scanning the tenders and make every small mistake appear like a big blunder"