Injunction Suit Maintainable Without Declaratory Relief When Plaintiff's Title Isn't Disputed By Defendant : Supreme Court

The Supreme Court observed that a suit filed only for injunction simpliciter cannot be dismissed solely because it lacks a declaratory relief under Section 34 of the Specific Relief Act, 1963 (SRA), especially when the defendants do not dispute the plaintiffs' title. “The law is well settled that if the defendants do not dispute the title of the plaintiffs then the suit should not fail only...

Supreme Court Advises Caution While Granting Ad-Interim Anticipatory Bail

The Supreme Court reaffirmed that Courts must exercise caution when granting interim protection to the accused while deciding anticipatory bail pleas. While holding so, the Court expressed disapproval of the High Court's decision to grant the accused the liberty to join the investigation while the anticipatory bail plea was pending and to order their release on ad-interim bail in the event...

Bail In Marital Disputes Can't Be Conditional On Payment Of Maintenance : Supreme Court

In a case arising out of a matrimonial dispute, the Supreme Court recently set aside a bail condition making the husband's anticipatory bail subject to payment of maintenance to the wife."When application for bail is filed, the Court is required to impose such bail conditions which would ensure that the appellant does not flee from justice and is available to face Trial. Imposing conditions...

Supreme Court Issues Directions To Ensure Toilet Facilities In Court Premises For Women, Disabled & Transgender Persons

The Court has asked the States/UTs to allocate sufficient funds for construction and maintenance of toilets in court premises.

S.113B Evidence Act | Dowry Death Can't Be Presumed Without Clear Evidence Of Incessant Harassment: Supreme Court

The Supreme Court (on January 09), while acquitting an accused of cruelty and abetment of suicide, observed that to apply Section 113B (Presumption as to dowry death) of the Indian Evidence Act, clear evidence for incessant harassment is essential. The Court stressed that in the absence of such evidence, it cannot straightaway invoke this provision. For context, the concerned portion...

Supreme Court Annual Digest 2024: BSA & Evidence Act

BHARATIYA SAKSHYA ADHINIYAM, 2023, (BSA) and THE INDIAN EVIDENCE ACT, 1872, (IEA) - SUPREME COURT ANNUAL DIGEST 2024CORRESPONDING SECTIONS and COMPARISON SUMMARYAppreciation of EvidenceThe High Court fails to appreciate evidence in a thorough manner and merely relied on a limited set of facts to arrive at a finding. In an appeal, as much as in a trial, appreciation of evidence...

State Govt Employee Who Worked On Deputation In Central Govt Dept Not Entitled To Pension As Per CCS Rules : Supreme Court

The deputee does not become a regular employee in the borrowed service/department, the Court held.

NDPS Act |'Taxi Driver Not Expected To Give Passenger Details' : Supreme Court Acquits Driver Of Taxi From Which Contraband Was Seized

The Supreme Court recently acquitted a taxi driver who was implicated under the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act), solely for failing to provide details of passengers who had carried contraband in his taxi. The Court held that a taxi driver's inability to provide details of passengers carrying contraband could not justify implicating or convicting him under the...

Supreme Court Says Its Judgments Must Clarify Their Binding Nature So That HCs & Trial Courts Don't Get Confused

The Supreme Court recently highlighted the need to clearly state the intent behind a judgment within the judgment itself. The Court clarified that not every judgment is meant to be a binding precedent under Article 141 of the Constitution. Therefore, the judgment needs to specify whether the decision is intended to resolve a specific dispute between the parties or to establish a precedent...

Supreme Court Weekly Round-up: January 6, 2025 To January 12, 2025

Nominal IndexCitationM/S Naresh Potteries v. M/S Aarti Industries and Anr., SLP(Crl) No. 8659-2023 2025 LiveLaw (SC) 1Bernard Francis Joseph Vaz and Ors v. Government of Karnataka and Ors 2025 LiveLaw (SC) 2Urmila Dixit v. Sunil Sharan Dixit and others 2025 LiveLaw (SC) 3BN John v. State of UP & Anr., SLP (Crl.) No. 2184 of 2024 2025 LiveLaw (SC) 4Municipal Corporation of Delhi v....

No Strict Rule That Money Claim Can't Be Decided Under Writ Jurisdiction; Non-Payment Of Admitted Dues Arbitrary : Supreme Court

The Supreme Court (on January 08) reiterated that it is not a stringent rule that the High Court cannot decide a money claim under its writ jurisdiction. The Court reasoned that non-payment of admitted dues by the State authorities may be considered an arbitrary action and thus a writ petition may lie against the same. The Bench of Justices Manoj Misra and Manmohan, inter-alia,...

PC Act | Whether Sanction Granted By Competent Authority Matter Of Evidence : Supreme Court Sets Aside HC Order Which Invoked S.482 CrPC To Quash Trial

The question whether sanction for prosecution under the Prevention of Corruption Act, 1988 (PC Act) was granted by a competent authority is a matter of evidence, observed the Supreme Court, while setting aside an order of the High Court which quashed the proceedings in exercise of powers under Section 482 CrPC.The Court also reiterated that a sanction order cannot be quashed on the ground...