Supreme Court Weekly Round-up: September 1, 2024 To September 8, 2024

IndexCitations (2024 LiveLaw (SC) 636 - 2024 LiveLaw (SC) 673) Salam Samarjeet Singh v. High Court of Manipur at Imphal 2024 LiveLaw (SC) 636Rama Kt. Barman (Died) Thr. Lrs. v. Md. Mahim Ali & Ors. 2024 LiveLaw (SC) 637Union Of India v. Bahareh Bakshi 2024 LiveLaw (SC) 638 K. Arumugam v. Union Of India & Others Etc. 2024 LiveLaw (SC) 639State of Kerala v. Prabhu 2024 LiveLaw...

Supreme Court Monthly Round-Up: August 2024

Here's a comprehensive overview of the Supreme Court of India proceedings during August 2024. This monthly digest aims to inform you about the latest judgments, orders, and Public Interest Litigations (PILs) filed in the Supreme Court during the month of August and also the updates of the Constitution bench, providing a succinct overview. Judgments/ Orders Supreme Court...

Supreme Court Half Yearly Digest 2024 - Criminal Minor Acts

Food Safety and Standards Act, 2006If a case is registered against an accused for food adulteration under the Indian Penal Code, 1860 (“IPC”), then by virtue of the overriding effect of Section 89 of Food Safety and Standards Act, 2006 (“FSSA”), the proceedings under IPC cannot be continued against the accused. There cannot be simultaneous prosecution under the IPC and FSSA because...

Why Regular Civil Courts or Family Courts Are In Better Position Than Writ Courts To Deal With Child Custody Cases? Supreme Court Explains

In a significant judgment where the Supreme Court deprecated the High Court's order of disturbing the custody of the toddler (child between the age group of 1 to 3 years) in a Writ Proceeding, it explained why instead of Writ Courts the Regular Civil Courts or Family Courts are in an advantageous position for dealing with child custody cases.One of the main reasons on point of law provided by the Court is that a dispute related to the custody and guardianship of the minor could be best decided...

Supreme Court Directs CBI To Investigate Death Of Chhattisgarh Senior Judicial Officer's Wife

The Supreme Court has directed the Central Bureau of Investigation (CBI) to investigate into the death of the wife of a senior judicial officer in Chattisgarh.A bench comprising Justices Vikram Nath and Prasanna B Varale passed the direction allowing an appeal filed by the mother and the brother of the deceased, Ranjana Diwan.In 2014, Ranjana Diwan got married to Manvendra Singh(respondent no.7 in the petition) who was appointed as an Additional District Judge in 2013 after getting selected in...

Stakeholders Consultation Committee's Advice Not Binding On Liquidator: Supreme Court

Recently, the Supreme Court clarified that the advice offered by the Stakeholders Consultation Committee (SCC) constituted in liquidation proceedings is not binding on the Liquidator. In this case, the appellant claimed that the Liquidator failed to constitute an SCC before initiating a liquidation process. However, the respondent refuted this argument stating that constituting an SCC was not...

Inquiry About Mesne Profits Continuation Of Original Suit; Application For Such Inquiry Not Barred By Limitation: Supreme Court

In a recent case, the Supreme Court permitted the decree-holder to file an application regarding the determination of mesne profits after almost 26 years of passing the decree. The Court said that filing an application as a reminder to the court to complete the inquiry into the determination of mesne profit cannot be said to be filing a fresh suit but a continuation of the suit and cannot be barred by limitation. “Now, such an inquiry is nothing but a continuation of the suit and is in the...

IBC| Timeline To Pay Balance Sale Consideration By Auction Purchaser In Liquidation Proceedings Mandatory : Supreme Court

The Supreme Court recently interpreted Rule 12 of Schedule 1 under Regulation 33 of the Insolvency and Bankruptcy Board of India (Liquidation Process) Regulations, 2016 as mandatory in character. Rule 12 relates to how assets of the Company (Corporate debtor) are to be sold by the Liquidator. Rule 12 reads: "On the close of the auction, the highest bidder shall be invited to provide balance sale consideration within ninety days of the date of such demand: Provided that payments made after...

Take Steps To Ensure Speedy Trial In Heinous Crimes & Crimes Against Women & Children: Supreme Court To Allahabad HC CJ

The Supreme Court on Thursday (September 5) requested the Chief Justice of the Allahabad High Court to take measures to ensure the speedy conclusion of trials, particularly in cases involving heinous crimes and crimes against women and children.A bench of Justice Hrishikesh Roy and Justice Sudhanshu Dhulia observed that delays in the trial were enabling accused persons charged with heinous crimes to seek bail on the grounds of prolonged trial.“it is noticed that there are many instances of...

Karnataka Stamp Act | Supreme Court Approves Levy Of Ten Times Penalty On Deficit Stamp Duty To Admit Document In Evidence

The Supreme Court in a recent judgment justified the imposition of ten times penalty on a deficit stamp duty being unpaid by the litigant under the Karnataka Stamp Act, 1957 (“Act”). The Appellant wanted the suit agreement to be admitted in evidence at the interlocutory stage, however, the agreement was not sufficiently stamped. Therefore, in terms of Section 34 of the Act, the Appellant was directed to pay ten times of deficit stamp duty by the trial court as a penalty for not paying...

Supreme Court Quashes Criminal Prosecution Against Company Granted Immunity Under S.32K Central Excise Act

The Supreme Court set aside the criminal prosecution against a company under the Customs Act, 1962 (CA), Central Excise Act (CE Act), 1944 and Indian Penal Code (IPC) from prosecution.The Appellant/Company having registered under the Companies Act, 1956 engaged in manufacturing and exporting of cosmetics and toilet preparations. It was alleged that instead of payment of Countervailing Duty (CVD) on the Maximum Retail Price (MRP) the appellant had paid the CVD on the invoice value of the...

'Parties' Rights Can't Override Child's Welfare' : Supreme Court Sets Aside HC Order Giving Father Toddler's Custody From Maternal Relatives

Observing that the welfare of a child is of paramount importance, the Supreme Court on Friday (Sep.6) set aside the Madhya Pradesh High Court's order which had granted the custody of a 2.5-year-old child to her father on the sole ground of he being a 'natural guardian' of the child."As far as the decision regarding custody of the minor children is concerned, the only paramount consideration is the welfare of the minor. The parties' rights cannot be allowed to override the child's welfare. This...