When Can Official Superiors Be Liable For Abetment Of Suicide Of Employee? Supreme Court Explains

In a recent case, the Supreme Court explained when can the official superiors be held liable for the abetment of suicide of their junior official.The bench comprising Justices JB Pardiwala and Manoj Misra reasoned that behind the act of suicide can be categorized into two broad categories i.e., where the deceased is having sentimental ties with the accused and the second category would be where the deceased is having relations with the accused in his or her official capacity.“First, where the...

Complete Supreme Court Half Yearly Digest 2024 [Part-2]

Consumer LawConsumer Protection Act, 1986; Section 2(1) (m) and Consumer Protection Act, 2019 – Maintainability of the complaint filed by Insured Company (registered under the Companies Act, 1956) before the National Consumer Disputes Redressal Commission is in question – Whether 'company' is covered by the definition of 'person' under the Consumer Protection Act, 1986? – Held,...

Order XII Rule 6 CPC | Judgment Can't Be Delivered Based On Unclear, Ambiguous & Conditional Admissions: Supreme Court

Recently, the Supreme Court observed that as per Order XII Rule 6 of the Civil Procedure Code, 1908 (“C.P.C.”), a judgment can't be delivered based on an unclear and ambiguous admission.According to the court, when the testimony supplied in an admission contains both mixed questions of fact and law then such an admission against the law can never be an “admission” as visualized...

Juvenile Justice Act | Plea Of Juvenelity Can Be Raised Even After Conviction & Sentence Attained Finality : Supreme Court

The Supreme Court observed that the plea of juvenility can be filed even after the judgment and order of conviction and sentence granted against a person has attained finality. While holding so, the bench comprising Justices BV Nagarathna and N Kostiswar Singh acquitted the accused in a murder case who had filed a plea for juvenility after the order of conviction and sentence was passed...

New Act Will Not Take Away Rights Accrued Under Repealed Law Unless Such Intention Is Expressed In New Statute: Supreme Court

The Supreme Court observed that the rights accrued under an old Act cannot extinguished with the enforcement of the new Act unless a retrospective effect was given to the New Act. The bench comprising Justices Sudhanshu Dhulia and Prasanna B. Varale said so while deciding a tenancy dispute where the rights inherited by the Appellants/tenants under the Old Tenancy Act after the death of the...

Supreme Court Sets Aside Kerala HC's Orders For Disciplinary Proceedings Against Lakshadweep Judicial Officer

The Supreme Court recently set aside orders for disciplinary proceedings against a Judicial Officer, noting that the records pertaining to the case alleged to have been mishandled by him were not considered by the Kerala High Court at the time of passing of orders for suspension and enquiry. The same rendered the initiation of disciplinary proceedings legally invalid, the Court said.A bench...

Complete Supreme Court Half Yearly Digest 2024 [Part-1]

Abuse of Process of LawCollusion between parties in tender process – Held, respondent no. 1 in collusion with respondent no. 2, had misused the process of law for covering up the irregularities and illegalities committed in the tender process. The division bench of High Court failed to notice the ill-intention of the respondent nos. 1 and 2 and via the impugned order, permitted respondent no....

Supreme Court Weekly Round-up: September 30, 2024 To October 6, 2024

IndexCitationsK. Vadivel v. K. Shanthi & Ors. 2024 LiveLaw (SC) 757Sub Inspector Sanjay Kumar v. State of Uttar Pradesh & Ors., C.A. No. 010894 / 2024 2024 LiveLaw (SC) 758State of West Bengal v. Jashimuddin Mondal and Ors., SLP(C) No. 9628/2024 2024 LiveLaw (SC) 759Atul Kumar v. Chairman (Joint Seat Allocation Authority) and Ors| Writ Petition (Civil) No. 609/2024 2024 LiveLaw...

Unnecessary Prosecutions In Abetment Of Suicide Cases Due To Inability Of Courts To Apply Correct Principles Of Law : Supreme Court

While quashing an abetment to suicide case against senior officials of Hindustan Unilever Limited (“HUL”), the Supreme Court recently cautioned the courts as well as the police against the incorrect application of the principles governing abetment to suicide."Over a period of time, the trend of the courts is that such intention can be read into or gathered only after a full- fledged...

Supreme Court Disapproves Uttarakhand HC Judge's Proclivity In Making Unjustified Remarks Against Advocates

The Supreme Court recently set aside two orders of the Uttarakhand High Court that contained adverse remarks made by a High Court judge against an advocate.A bench of Justice Pamidighantam Sri Narasimha and Justice Sandeep Mehta ruled that the comments made by Justice Sharad Kumar Sharma of the HC regarding the advocate's conduct were unjustified and illegal. “We disapprove the proclivity...

Supreme Court Sets Aside Death Sentence Of Watchman Convicted For Dacoity And Murder

The Supreme Court recently set aside the death sentence of a watchman convicted for the dacoity and murder of his employers to life imprisonment.A bench of Justice BR Gavai, Justice PK Mishra, and Justice KV Vishwanathan set aside the death penalty imposed by the Bombay High Court in 2022.“The learned Trial Judge upon consideration of the material placed on record had come to a...

'Acknowledge Women's Struggles In Occupying Public Offices' : Supreme Court Flags Discriminatory Attitude Towards Women Representatives

While granting relief to a female Sarpach of a village who was disqualified on technical grounds, the Supreme Court raised concerns about the discriminatory attitudes which permeate through all levels of administration towards women representatives.The Court observed that the matter related to the removal of an elected representative should not be taken lightly, especially when it concerns...