Supreme Court Weekly Round-Up (06 May-11 May, 2024)

With another week gone at the Supreme Court of India, Live Law is back with its Supreme Court Weekly Digest, dedicated to keeping our readers abreast of the most recent legal developments in the country's apex court. This digest aims to inform you about the latest judgments, orders, and Public Interest Litigations (PILs) filed in the Supreme Court during the past week, providing...

The Complete Supreme Court Annual Digest- 2023 [Part-XVIII]

Securities and Exchange Board of India Act, 1992 Securities and Exchange Board of India Act, 1992 - Fees paid by director does not attract exemption under Clause 4 of schedule III of the Securities and Exchange Board of India (Stock Brokers and Sub­Brokers) Regulations, 1992. GPSK Capital Pvt. Ltd. (Formerly Mantri Finance Ltd.) v. Securities and Exchange Board of India, 2023...

Consumer Protection Act 1986 | Onus Of Proving That Service Was Availed For 'Commercial Purpose' Is On Service Provider : Supreme Court

In an important ruling relating to consumer protection law, the Supreme Court on Friday (May 10) set out the manner in which the consumer fora must decide technical pleas raised by service providers against the maintainability of the consumer complaints on the ground that goods/services were availed by the consumer for the commercial purposes.Affirming the decision of the National...

Supreme Court Upholds Centre's Rule Prescribing 'Compulsory Retirement' As Punishment For CRPF Personnel

The Supreme Court in a recent judgement held that 'compulsory retirement' under the Rules of Central Reserve Police Force (CRPF) was validly within the purpose of maintaining 'disciplinary control' over the force under the CRPF Act 1949.The bench of CJI DY Chandrachud and Justices JB Pardiwala and Manoj Misra held that the provision of minor punishment under S. 11 of the CRPF Act...

Issuance Of First Premium Payment Receipt To Insured Would Provide Presumption Of Policy Acceptance By Insurer: Supreme Court

In a recent decision concerning insurance law, the Supreme Court observed that the issuance of a receipt of the first premium payment by the insurer would provide a presumption of the acceptance of the policy by the insurer.Reversing the findings of the National Consumer Dispute Redressal Commission (“NCDRC”), the bench comprising Justices AS Bopanna and CT Ravikumar, while interpreting...

Government Employee Staying In Rent-Free Accommodation Allotted To Retired Government Servant Father Cannot Claim HRA : Supreme Court

Recently, the Supreme Court held that a government employee staying in a rent-free accommodation allotted to his father, a retired government servant, was not entitled to claim any House Rent Allowance (HRA), The bench of Justices BR Gavai and Sandeep Mehta, while upholding a HRA recovery notice against the appellant, held that under the Jammu and Kashmir Civil Services (House Rent Allowance...

Arvind Kejriwal Not A Threat To Society; Liberal View Needed In Lok Sabha Elections' Backdrop : Supreme Court In Interim Bail Order

While allowing the release of Delhi CM Arvind Kejriwal on interim bail from judicial custody, the Supreme Court has rejected the contention of Enforcement Directorate(ED) that his release for the purposes of election campaigning would amount to putting politicians in a beneficial position, compared to ordinary citizens. The bench of Justices Sanjiv Khanna and Dipankar Datta categorically...

Supreme Court Upholds Lucknow-Akbarnagar Demolition Drive, Prevents Eviction Of Dwellers Before Giving Alternative Accommodation

While upholding the demolition drive of the Lucknow Development Authority (LDA) against unauthorized constructions in the Akbarnagar area of Lucknow city, the Supreme Court on Friday (May 10) clarified that no slum dweller should be evicted without being given alternative accommodation.The Bench of Justices Sanjiv Khanna and Dipankar Datta upheld the Allahabad High Court's observations...

Arvind Kejriwal Should Not Visit CM's Office Or Delhi Secretariat During Interim Release Period Till June 1 : Supreme Court

While directing interim release of Delhi CM Arvind Kejriwal from judicial custody till June 1, 2024, the Supreme Court today imposed the following conditions:(a) he shall furnish bail bonds in the sum of Rs.50,000/- with one surety of the like amount to the satisfaction of the Jail Superintendent;(b) he shall not visit the Office of the Chief Minister and the Delhi Secretariat;(c) he shall...

Supreme Court Allows Interim Release Of Delhi CM Arvind Kejriwal Till June 1

In a significant development, the Supreme Court on May 10 (Friday) allowed interim release of Delhi Chief Minister Arvind Kejriwal, who is in judicial custody in the Delhi liquor policy case, till June 1.The Bench of Justices Sanjiv Khanna and Dipankar Datta passed the order.The bench remarked that the liquor policy case was registered by ED in August 2022, yet Kejriwal was arrested only in...

RP Act | Election Petitioner Can File Replication To Respondent's Written Statement If New Facts Aren't Introduced: Supreme Court

Explaining the law on the filing of the replication in an election petition, the Supreme Court observed that the High Court is vested with the power to allow the filing of a replication by an election petitioner against the written submissions of a returned candidate subject to the condition that the replication should not introduce new facts which goes against the facts originally contained...

Supreme Court Rejects NIA's Challenge To HC Order Granting Bail To Businessman In UAPA Case For Allegedly Funding Maoists

The Supreme Court on Friday (May 10) upheld the decision of the Jharkhand High Court granting bail to a construction firm partner who was booked by the National Investigation Agency (NIA) under the Unlawful Activities (Prevention) Act for allegedly funding banned organization CPI (Maoist).The bench comprising Justices PS Narasimha and Aravind Kumar said that the interference wasn't warranted...