Supreme court
Preventive Detention Order To Be Quashed When Passed Without Considering Bail Granted By Magistrate : Supreme Court
The Supreme Court recently set aside a preventive detention order against an alleged key member of a syndicate that smuggled foreign gold into India observing that the detaining authority failed to consider the conditions imposed by the jurisdictional Magistrate when granting him bail in case arising from the same allegations.A bench of Justice Sudhanshu Dhulia and Justice K. Vinod Chandran...
![Supreme Court Weekly Digest With Subject /Statute Wise Index [March 01 to 09]](https://www.livelaw.in/h-upload/2023/05/10/500x300_471741-supreme-court-weekly-digest-with-nominal-and-subject-statute-wise-index.webp "Supreme Court Weekly Digest With Subject /Statute Wise Index [March 01 to 09]")
Supreme Court Weekly Digest With Subject /Statute Wise Index [March 01 to 09]
Supreme Court Weekly Digest March 2025 [March 1 - 9, 2025](Citations 2025 LiveLaw (SC) 274 to 2025 LiveLaw (SC) 297) AdvocateAdvocate-Client Relationship - Undertakings given by advocates must be with the client's express authorization. A lawyer-client relationship is fiduciary in nature and the former is cast in terms of agency of the latter. It is also clear that the lawyer is to respect...
Section 47 CPC Applications Raising Property Rights After Passing Of Decree To Be Treated As Application Under Order 21 Rule 97 : Supreme Court
The Supreme Court recently observed that an application filed under Section 47 of CPC relating to the determination of questions related to the execution of the decree would be deemed as an application filed under Order XXI Rule 97 if it raises questions of right, title, or interest in the property.The Court clarified that while applications under Section 47 of the CPC and Order 21 Rule...
Refusal Of Alleged Rape Victim To Allow Medical Examination Raises Negative Inference Against Her : Supreme Court
The Supreme Court has reiterated that adverse inference can be drawn against a woman, who is alleged to be a victim in a rape case, if she refuses medical examination."It is a well-settled proposition of law that non- allowance of medical examination by an alleged rape- victim raises negative inferences against them," the Court observed, referring to Dola v. State of Odisha, (2018) 18 SCC...
Advocate Cannot Give Undertaking To Court Without Client's Explicit Authority : Supreme Court
The Supreme Court recently held that given the fiduciary relationship between an advocate and a client, an advocate cannot provide an undertaking without explicit authorization from the client. “a lawyer-client relationship is fiduciary and the former is cast in terms of agency of the latter. It is also clear that the lawyer is to respect the decision-making right of the client. It flows...
No Illegality In Considering S.319 CrPC Application After Trial Based On HC's Revision Order : Supreme Court
In a key ruling on Section 319 of Cr.P.C., the Supreme Court on Thursday (March 6) held that while the power to summon an additional accused must be exercised before the trial concludes, if a pre-trial application for summoning is rejected and the High Court, in revision, sets aside the rejection and orders reconsideration, the application cannot be dismissed solely because it was heard after...
NI Act Allows Filing Of Cheque Dishonour Complaint At Place Of Payee Bank; Accused Can't Seek Transfer Citing Inconvenience: Supreme Court
The Supreme Court today (March 6) ruled that a cheque dishonor complaint under Section 138 of the Negotiable Instruments Act, 1881 (“NI Act”), should be filed in the court having jurisdiction over the branch of the bank where the payee maintains an account i.e., where the cheque is presented for collection. Taking reference to Section 142(2) introduced via the 2015 amendment to the NI...
'Courts Shouldn't Hesitate To Deny Liberty To Accused If Necessary For Corruption-Free Society' : Supreme Court Denies Anticipatory Bail
Recently, the Supreme Court upheld the denial of anticipatory bail to a public servant accused of demanding illegal gratification. The Court held that in serious offenses like corruption, courts must exercise caution when granting anticipatory bail to uphold public confidence in the justice system. It emphasized that anticipatory bail should only be granted in exceptional cases where there is...
Direct Courts To Dispose Execution Petitions Within 6 Months, Hold Presiding Officer Liable On Failure : Supreme Court Asks High Courts
The Supreme Court today(March 6) directed all High Courts to call for information on all pending execution petitions in the district judiciary. It passed the directions after observing that the executing Courts are taking three to four years to pass appropriate orders, thereby, frustrating the entire decree which is in the favour of the decree-holder.The Court directed the High Courts to issue...
O 39 R 2A CPC | Even If Injunction Order Was Subsequently Set Aside, Party Remains Liable For Its Prior Violation : Supreme Court
The Supreme Court observed that the subsequent setting aside of an injunction order would not preclude the courts from holding the party guilty of disobedience of the committed during the pendency of the order. The bench comprising Justices Pankaj Mithal and Sanjay Karol delivered the ruling in the context of Order 39 Rule 2A of the Civil Procedure Code, which specifies the mechanism to...