Supreme court
Seriousness & Gravity Of Crime Relevant Considerations For Grant Of Bail : Supreme Court
The Supreme Court has aside an order of the Rajasthan High Court by which it granted bail to an accused for murder of the village sarpanch, after noting that the High Court did not consider the relevant considerations of seriousness and gravity of the crime and the specific role attributed to the accused. While directing the accused to surrender on or before 7 November 2021, a Bench...
Sections 91/92 Evidence Act: When Parties Put Their Agreement Into Writing, It is Conclusively Presumed To Be Full & Final Statement Of Intentions - Supreme Court
"It has been held that when parties deliberately put their agreement into writing, it is conclusively presumed, between themselves and their privies, that they intended the writing to form a full and final statement of their intentions, and one which should be placed beyond the reach of future controversy, bad faith and treacherous memory"A Bench of Justices L...
NIA Act- Division Bench Of High Court Should Hear Revision Petition Against Special Court Order : Supreme Court
Holding that a revision petition against an order passed by a Special Court under the National Investigation Agency can lie only before a division bench of a High Court, the Supreme Court has set aside an order passed by the Kerala High Court in the case relating to alleged Maoist leader Roopesh.A bench comprising Justices MR Shah and AS Bopanna set aside the order passed by the single bench...
Can't Direct Relocation Of Bar If Distance From Temple Meets Statutory Limit : Supreme Court
Noting that its distance from the entrance of the Throwbathiammam temple in Puducherry is in excess of the statutorily prescribed limits, the Supreme Court on Friday refused to intervene to disturb the present location of a bar merely on grounds of it being in the vicinity of the temple.The bench of Justices D. Y. Chandrachud and B. V. Nagarathna was hearing an SLP against the July order of...
'First Come First Serve' Policy Of Granting Licence Is Fundamentally Flawed: Supreme Court
The Supreme Court observed that there is a fundamental flaw in the policy of granting licence on the First Come First Serve basis.It is the solemn duty of the State to ensure that a non-discriminatory method is adopted, whether it is for distribution or allotment of licence on his own land, or alienation of property, the bench of Justices Ajay Rastogi and Abhay S. Oka observed.In this case,...
Employee Can't Claim Change Of Date Of Birth As A Matter Of Right : Supreme Court
The Supreme Court has observed that application for change of date of birth by an employee can only be as per the relevant provisions/regulations applicable. The Court reiterated change of date of birth cannot be claimed as a matter of right. The bench of Justices MR Shah and AS Bopanna in the present matter (Karnataka Rural Infrastructure Development Limited V. T.P. Nataraja &...
LIVE NOW- Gautam Bhatia's Lecture Series On Landmark Cases Of Supreme Court -State of WB Vs Union of India
Livelaw presents Gautam Bhatia's lecture series on landmark cases of the Indian Supreme Court. Case:- State Of West Bengal Vs Union Of India [AIR 1963 SC 1241] The details of the event are as follows:- Date: 30 October 2021 (Saturday) Time: 6:30 pm onwards Watch Live on : Youtube Link: https://www.youtube.com/watch?v=EbHiZR-udB4&feature=youtu.beFacebook...
'Mental Health Of A Person Can't Be Compressed Into A One Size Fits All Approach' : Supreme Court In Abetment To Suicide Case
Stressing that the "mental health of a person cannot be compressed into a one-size fits all approach", the Supreme Court has criticized a High Court judgment for terming a person who died by suicide a "weakling".The bench of Justices DY Chandrachud and BV Nagarathna in the present matter was considering an appeal against the order passed by the High Court of Karnataka in which the Court...
Suit For Permanent Injunction In Respect Of Waqf Property Maintainable Before Wakf Tribunal And Not Civil Court: Supreme Court
The Supreme Court held that a suit for permanent injunction in respect of a waqf property has to be filed before the Wakf Tribunal and not the Civil Court."To say that the Tribunal will have jurisdiction only if the subject property is disputed to be a waqf property and not if it is admitted to be a waqf property, is indigestible in the teeth of Section...
Delay In Release After Bail: Need For "FASTER"(Fast & Secured Transmission Of Electronic Records) In All Courts
Aryan Khan's case has brought to public attention the obsolete jail practices which must be resulting in unjustified extension of custody of thousands of persons across the country on a daily basis.