Supreme Court To Examine Validity Of ECI's 'First-Come-First-Serve' Rule To Allot Election Symbols To Unrecognised Parties

The Supreme Court on Friday (March 15) issued notice in a SLP filed by the Tamil Nadu-based Political Party 'Naam Tamilar Katchi' challenging the 'first-come-first-served' criteria of allotting a free symbol to an unrecognized party under the Election Symbols (Reservation and Allotment) Order, 1968. The petitioner had earlier approached the Delhi High Court challenging the provisions of the...

The Complete Supreme Court Civil Digest 2023

AbortionFoetus has no separate identity from its mother; Women can't be forced to undergo pregnancy at risk of physical and mental trauma. In the matter of Union of India, 2023 LiveLaw (SC) 881Woman alone has the right over her body; she's the ultimate decision maker on abortion. XYZ v. State of Gujarat, 2023 LiveLaw (SC) 680'Forcing woman to have child born out of rape against...

Identification Of Accused By Witness At Police Station Doubtful: Supreme Court Sets Aside Conviction

The Supreme Court held that testimony of the prosecution witness identifying the accused persons at the police station cannot be considered a proper Test Identification Parade (“TIP”) to convict the accused. Reversing the concurring findings of the High Court and Trial Court, the Bench comprising Justices B.R. Gavai and Sandeep Mehta acquitted the accused by stating that the...

NI Act | Director Not Responsible For Day-To-Day Affairs Of Company Can't Be Held Liable For Cheque Dishonour: Supreme Court

The Supreme Court on Friday (March 15) observed that the Director of the company not responsible for its day-to-day affairs cannot be held liable for dishonor of cheque under the Negotiable Instruments Act,1882. Reversing the High Court's order which had refused to quash the pending proceedings under Section 138 N.I. Act against the accused/director of the company, the Bench comprising...

Filing Of Anticipatory Bail Application Through Advocate Can't Be Considered As Appearance Of Absconding Accused : Supreme Court

Recently, the Supreme Court observed that the mere filing of an anticipatory bail application by the accused could not be treated as his appearance before the court which had initiated proceedings under Section 82/83 Cr.P.C. against the accused.“We are in full agreement with the view taken by the Gujarat High Court that filing of an anticipatory bail through an advocate would not and could...

Can Writ Under Article 32 Be Issued Against A Private Individual? Supreme Court To Examine

The Supreme Court is set to examine a crucial point for its adjudication: "whether a writ under Article 32 of the Constitution of India can be issued against a private individual and if so under what circumstances an appropriate writ can be issued.?” The Division bench comprising Justices Surya Kant and K.V. Vishwanathan posed this question while hearing a writ petition against...

Primary Teachers | Any Bridge Course To Put B.Ed. Holders At Par With D.El.Ed. Candidates? Supreme Court Asks Union

In a service-related matter, the Supreme Court has asked the Union of India to apprise if there is any bridge course in operation that teachers with Bachelor of Education (B.Ed.) qualification, who were appointed prior to its judgment in 2023, can take to train themselves to be at par with D.El.Ed candidates.The direction has come in an order passed by the Bench of Justices Aniruddha Bose...

S.143A NI Act | Interim Compensation In Cheque Dishonour Cases Isn't Mandatory : Supreme Court Lays Down Broad Parameters

The Supreme Court on Friday (March 15) observed that mere filing of the cheque dishonor complaint under the Negotiable Instruments Act would not grant a right to a complainant to seek interim compensation under Section 143A (1) of the N.I. Act, as the power of the court to grant interim compensation, isn't mandatory but discretionary and needs to be decided after prima facie evaluating the...

Retired HC Judges Can't Be Discriminated Regarding Pension Based On Whether They're Elevated From Service Or Bar : Supreme Court

In an important judgment, the Supreme Court on Friday (March 15) held there cannot be any discrimination between the retired High Court judges, depending on their source of elevation (whether from the bar or the District Judiciary), while computing their pensionary benefits.The Court held that held that the pensionary entitlement of a retired High Court judge, who is elevated from the...

Tenants Holding Watan Property On 'Tiller's Day' Would Be Entitle To Purchase Watan Property Under Maharashtra Revenue Patels (Abolition of Offices) Act: Supreme Court

The Supreme Court on Thursday (March 14) held that the tenant holding possession of the Watan property under the Maharashtra Hereditary Offices Act, 1874, on the 'Tiller's Day', which is not subjected to payment of land revenue to the State Government, would be entitled to exercise their right of statutory purchase for purchasing the tenanted Watan property under the Maharashtra Revenue...

Employer Can't Change Qualifications Prescribed In Advertisement In The Middle Of Selection Process : Supreme Court

Recently, the Supreme Court observed that any change to the eligibility/qualifications prescribed in the recruitment advertisement in the middle of the selection process is an impermissible exercise and would tantamount to denial of opportunity to the candidate eligible to be selected as per the original advertisement. “It is settled law that it is not open for an employer to change...

No Anticipatory Bail To Accused Against Whom Non-Bailable Warrant & Proclamation Under Section 82 CrPC Are Pending: Supreme Court

The Supreme Court held that an accused would not be entitled to pre-arrest bail if the non-bailable warrant and the proclamation under Section 82(1) Cr.P.C. is pending against him. “Thus, it is obvious that the position of law, which was being followed with alacrity, is that in cases where an accused against whom non-bailable warrant is pending and the process of proclamation under...