Supreme court
When Reasons Aren't Recorded To Appoint Junior Officer As Judge Advocate, Court Martial Proceedings Stand Invalidated: Supreme Court
The Supreme Court on Monday (Sep.9) observed that non-recording of the reasons in the convening order to appoint a Junior Officer as Presiding Officer of the Martial Court would invalidate the proceedings recorded before such Junior Officer. Drawing reference from the case of Union of India & Anr. vs. Charanjit Singh Gill (2000) the Court, in essence, said that it would be impermissible...
Flat Possession Offered Without Completion & Firefighting Certificates : Supreme Court Asks Developer To Compensate Buyer
In a recent case, the Supreme Court directed the Agra Development Authority(ADA) to grant compensation to the tune of Rs. 15 Lakhs to a flat buyer over a deficiency in service caused by the developer in offering the possession of the flat without requisite completion certificate and firefighting clearance certificate.The absence of these documents unquestionably vitiates the offer of...
Arbitration | Courts At Referral Stage Must Not Enter Into Contested Questions Involving Complex Facts : Supreme Court
The Supreme Court on Monday (Sep.9) reiterated that once there exists a valid arbitration agreement, than it would not be justifiable for the referral courts at the referral stage to venture into contested questions involving complex facts.Emphasizing upon the doctrine of competence-competence enshrined under Section 16 of the Arbitration & Conciliation Act, 1996 (Act), the Court said...
PMLA Prevails Over CrPC Regarding Procedure For Summoning Persons : Supreme Court
The provisions of the Prevention of Money Laundering Act (PMLA), 2002, will prevail over the Code of Criminal Procedure, 1973 (CrPC) in relation to the summoning of a person, held the Supreme Court in the judgment dismissing the appeals of Trinamool Congress MP Abhishek Banerjee and his wife Rujira Banerjee challenging the summons issued by the Enforcement Directorate for their appearance...
Supreme Court Dismisses Plea To Stop India's Military Exports To Israel Amidst Gaza Conflict
The Supreme Court on Monday (September 9) dismissed a petition seeking the suspension of military exports from India to Israel amidst the ongoing war against Gaza.The Court said that it was beyond its jurisdiction to direct the Government of India to not export materials to any country, as it was a matter which was completely within the domain of foreign policy.The bench comprising Chief...
Supreme Court Dismisses Appeals Of TMC MP Abhishek Banerjee & Wife Against ED Summons In Coal Scam Case
The Supreme Court on Monday (September 9) dismissed the appeals filed by TMC MP Abhishek Banerjee and his wife-Rujira Banerjee challenging the Enforcement Directorate's summons in relation to a coal scam case. The duo, which claimed Calcutta to be its ordinary place of residence, challenged the ED summons insofar as they required attendance at New Delhi.The ED Summons was in relation to...
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...