Complaint Within Meaning Of CrPC Is One Filed Before Judicial Magistrate & Not Executive Magistrate : Supreme Court

The Supreme Court stated that a complaint within the meaning and scope of the Criminal Procedure Code is a complaint filed before a Judicial Magistrate and not an Executive Magistrate.The Court held that a complaint filed before an Executive Magistrate cannot be regarded as a complaint filed in terms of Section 195 of the CrPC.To support this, Section 2(d), which defines complaint was...

'Not Prudent To Deploy Outsourced Staff In Judicial Institutions' : Supreme Court Raises Concerns About CAT Jammu Bench

While dealing with a matter pertaining to functioning of the Central Administrative Tribunal (CAT) bench at Jammu, the Supreme Court today flagged concerns about outsourcing of private individuals into judicial institutions and running of the institutions at private properties."It is highly desirable that there should be a permanent building of the Tribunal alongwith proper courtrooms,...

Parents & Senior Citizens Act - Maintenance Tribunal Has Power To Order Eviction & Transfer Of Possession : Supreme Court

The Supreme Court has clarified that a Tribunal under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 has the power to order the eviction and transfer of possession.Without such a power, the objectives of the 2007 Act - which are to grant speedy, simple and inexpensive remedies to elderly citizens- would be defeated, the Court said.A bench comprising Justice CT Ravikumar...

Land Acquisition Compensation - In Exceptional Cases, Courts Can Direct Market Value Be Determined Based On A Date After Prelim Notification : Supreme Court

The Supreme Court today (Jan. 2) observed that although the land acquisition compensation is to be determined at the market rate prevailing on the date of issuance of the notification regarding the acquisition of land, the compensation can be determined based on a later date in exceptional circumstances when the delay in the disbursal of the compensation has been inordinate.The bench of...

S.142 NI Act | Improper To Dismiss/Quash Cheque Dishonour Complaint Of Company At Threshold On Question Of Authorisation : Supreme Court

The issue of proper authorisation and knowledge can only be an issue for trial, the Court stated.

Transfer Of Property Act : Important Supreme Court Judgments Of 2024

1. If Deed Was Executed By Person Without Title, Successors Cannot Enforce Rights On Property Based On Such Deed : Supreme CourtCase Title: KIZHAKKE VATTAKANDIYIL MADHAVAN (D) THR. LRS vs. THIYYURKUNNATH MEETHAL JANAKI, Citation : 2024 LiveLaw (SC) 293The Supreme Court held if someone tries to transfer property rights to another person through a legal document but doesn't actually own...

Code of Civil Procedure (CPC) : Important Supreme Court Judgments In 2024

1. Order 8 Rule 10 CPC | Suit Can't Be Decreed Merely On Defendant's Failure To File Written Statement If Plaintiff's Case Isn't Proved : Supreme CourtCase Title: ASMA LATEEF & ANR. V. SHABBIR AHMAD & ORS., Citation : 2024 LiveLaw (SC) 39The Supreme Court held that a Court cannot pronounce judgment in a suit merely on the default of the defendant to file a written statement if...

Supreme Court's Tryst With Politicians' Bail In 2024

Among the many bail pleas the Supreme Court of India was called on to decide during 2024, a few were preferred by political leaders. These included - Aam Aadmi Party leaders Arvind Kejriwal, Manish Sisodia and Sanjay Singh; BRS leader K Kavitha; former Tamil Nadu minister (and MLA) V Senthil Balaji; Jharkhand CM Hemant Soren; UP MLA Abbas Ansari; and former West Bengal Education Minister...

Code of Criminal Procedure (CrPC): Important Judgments By Supreme Court In 2024

As 2025 begins, Live Law summarizes important decisions on the Code of Criminal Procedure of the past year. Here are the key highlights:1. Witness Statement Recorded In Absence Of Accused Can Be Used As Evidence If Conditions In S.299 CrPC Are Fulfilled : Supreme CourtCase Title: SUKHPAL SINGH VERSUS NCT OF DELHI, Citation : 2024 LiveLaw (SC) 359The Supreme Court held that the statements of...

Best Of 2024 : Top 5 Supreme Court Decisions Of Past Year

The Supreme Court delivered several notable judgments in 2024 (a compilation of the 100 important judgments of the past year can be read here). Out of these, here is a pick of the top five judgments, which have the effect of strengthening the rule of law, boosting public confidence in the judiciary and triggering a positive change in the social and political spectrum.1. Setting aside...

Supreme Court Yearly Digest 2024: Family Law [Marriage, Divorce, Child Custody, Alimony & Succession]

CustodyCustody of minor children – Parental Alienation Syndrome (PAS) – It is challenged that the Minor Children have been influenced against the Respondent and the preference indicated by the Minor Children ought not to be considered representative of their true emotions. Held, courts ought not to prematurely and without identification of individual instances of 'alienating behaviour',...

Specific Relief Act: Important Judgments By Supreme Court In 2024

As 2024 ends, LiveLaw presents a summary of significant Supreme Court judgments from the year related to the Specific Relief Act, 1963. Here are the key highlights:1. Suit For Declaration Of Title Without Seeking Recovery Of Possession Not Maintainable When Plaintiff Not In Possession: Supreme CourtCase Title: VASANTHA (DEAD) THR. LR v. RAJALAKSHMI @ RAJAM (DEAD) THR.LRs. Citation: 2024...