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

Citizenship The Supreme Court sets aside the ex-parte order of the Foreigners Tribunal which declared a woman non-indian. Rashida Begum @ Rashida Khatun v. Union of India, 2023 LiveLaw (SC) 85 Centre's decision to bar OCI (Overseas Citizens of India) students from general seats will apply to only those who register as OCIs after 04.03.2021. Anushka Rengunthwar v. Union of India,...

Motive Is Insignificant When There Is Direct Evidence Proving The Guilt Of Accused: Supreme Court

While upholding the accused conviction for committing a day-light murder, the Supreme Court held that if there's a direct ocular piece of evidence inspiring the confidence of the court then the motive behind the commission of the offence would be of little relevance and the prosecution need not prove the motive of the accused in the commission of the crime “The argument of the defence...

'Vague Allegations' : Supreme Court Dismisses Petition Challenging 2021 Assam Assembly Election Of AIUDF Leader Barbhuiya

In a major relief to All India United Democratic (AIUDF) leader and Assam MLA Karim Uddin Barbhuiya, the Supreme Court on Monday (April 08) dismissed the Election Petition filed by the former Assam BJP leader Aminul Haque Laskar (now a member of Congress Party) and others challenging Barbhuiya's 2021 Assembly election from the Sonai Legislative Assembly Constituency in Assam. Finding...

For First Time, Supreme Court Recognizes Right To Be Free From Adverse Effects Of Climate Change

In its first, the Supreme Court, through its judgment dated March 21, has recognized a right to be free from the adverse effects of climate change as a distinct right. The Court said that Articles 14 (equality before law and the equal protection of laws) and 21 (right to life and personal liberty) of the Indian Constitution are important sources of this right. “The right to...

Bombay Stamp Act & Company Shares | Maximum Cap Applicable As 'One Time Measure', Not On Every Increase In Share Capital : Supreme Court

Observing that no stamp duty is to be paid on every individual increase in the share capital of the company, the Supreme Court held that if the 'Articles of Association' remained the same and the stamp duty was already paid on the increase in the share capital of the company, then the duty paid on the same very instrument will have to be considered for every subsequent individual increase in...

Concerned With Trend Of HC Judges Keeping Judgment Reserved For Several Months After Hearing: CJI DY Chandrachud

Chief Justice Of India, DY Chandrachud today (April 8) expressed serious concerns about High Court judges reserving judgments on matters for long periods after completing the hearing.CJI said that after he wrote to High Court Chief Justices seeking information about the details of cases where judgments have been reserved for over three months, several High Court judges released those matters...

'No Predicate Offence, No Proceeds Of Crime' : Supreme Court Quashes ED Complaint Related To Chhatisgarh Liquor Case

The Supreme Court on Monday (April 08) quashed the money laundering case in relation to the alleged Chhattisgarh liquor scam. The Court noted that the complaint filed by the Enforcement Directorate (ED) was based on an alleged conspiracy(Section 120B IPC) to commit an Income Tax Act offence, which is not a scheduled offence as per the Prevention of Money Laundering Act(PMLA). Since there is...

Judgment That B.Ed Graduates Can't Be Primary School Teachers Operates Prospectively From August 11, 2023 : Supreme Court Clarifies

The Court further clarified that only those candidates who were regularly appointed and where the advertisement specified BEd as a qualification will be protected.

Legal Heirs Of Deceased Partner Do Not Become Liable For Liability Of Partnership Firm Upon Partner's Death: Supreme Court

Recently, the Supreme Court held that the legal heirs of a deceased partner do not become liable for any liability of the firm upon the death of the partner.The case relates to the recovery of the investment made by the complainant in the partnership firm from the legal heirs of the deceased partner of the firm under the Consumer Protection Act of 1986. The complainant sought to recover...

'If Everyone Who Makes Allegations On YouTube Is Arrested, How Many Will Be Jailed Before Elections?' : Supreme Court Asks TN Govt

The Supreme Court today restored the bail granted to Youtuber A. Duraimurugan Sattai in a case involving allegations of his making derogatory remarks against Tamil Nadu Chief Minister MK Stalin.The Bench of Justices Abhay S Oka and Ujjal Bhuyan set aside the order cancelling Sattai's bail and opined that he could not be said to have misused the liberty granted to him.Notably, Oka J posed to...

Commercial Transactions Outside Purview Of Consumer Protection Act 1986: Supreme Court

The Supreme Court held that complaints seeking recovery of the investment from which the complainant is deriving benefit in the form of interest cannot be entertained under the Consumer Protection Act of 1986. “It was a commercial transaction (investment) and therefore also would be outside the purview of the 1986 Act. Commercial disputes cannot be decided in summary proceeding under the...

Supreme Court Asks CAG To Examine Corruption Allegations Against Arunachal Pradesh Govt During 2007-11 Term

In a public interest litigation raising allegations of corruption in relation to certain tenders floated by Arunachal Pradesh government a decade ago, the Supreme Court on March 20 directed that the complaints be examined by the Comptroller and Auditor General (CAG).The Bench of Justices Aniruddha Bose and Bela M Trivedi passed the order in a Special Leave Petition where the petitioners...