Supreme court
Supreme Court Weekly Round-Up (15th April-20th April, 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 and also the...
The Complete Supreme Court Annual Digest- 2023 [Part-IX]
CRZ Notification CRZ Notification 2011: Storage facility for edible oil not allowed outside port area; Supreme Court affirms quashing of post-facto clearance. K.T.V. Health Food Pvt. Ltd. v. Union of India, 2023 LiveLaw (SC) 77 : AIR 2023 SC 808 : (2023) 5 SCC 440 Coastal Regulation Zone Notification 2011 - Storage facility for edible oil not allowed outside port areas- the...
Supreme Court Reiterates Principles To Be Adhered By Appellate Court While Reversing Acquittal
Recently, the Supreme Court (on April 19) reiterated the principles that must be adhered to by the appellate Court while reversing the decision of acquittal as arrived by the Trial Court. The guiding principles read as follows: “(a) That the judgment of acquittal suffers from patent perversity; (b) That the same is based on a misreading/omission to consider material evidence...
Article 226 | Delay Defeats Equity, HC Should Dismiss Writ Petition If Petitioner Is Guilty Of Delay Or Laches : Supreme Court
Observing delay and laches as prominent factors while deciding petitions under Article 226 of the Constitution, the Supreme Court held that the High Court ought not to grant extraordinary relief to a petitioner who approaches the writ court belatedly or in other words sleeps over his rights for a considerable period of time. Reversing the High Court's finding which had allowed the writ...
S. 498A IPC | Supreme Court Imposes Rs 5 Lakh Cost On Wife's Father For Filing False Cases At Different Places To Harass Husband
The Supreme Court on Friday (April 19) imposed a cost of Rs.5 Lakhs on a wife's father for lodging a false Section 498A IPC case at different places against the husband to harass him by facing trial at different places."We thus deprecate this practice of state machinery being misused for ulterior motives and for causing harassment to the other side (husband), we are thus inclined to impose...
Process For IBC Offences To Be Issued By Sessions Court Despite Companies Act Amendment Vesting Jurisdiction On Judicial Magistrate: Supreme Court
Observing that the offences committed under the Insolvency and Bankruptcy Code, 2016 (“IBC”) would be tried by the Special Court established under Section 435 of the Companies Act, 2013 and the sessions judge would have the power to issue process against the accused, the Supreme Court on Friday (April 19) upheld the issuance of process by the sessions judge to the accused.The Court...
The Complete Supreme Court Annual Digest- 2023 [Part-VIII]
Criminal Law High Courts while exercising Section 482 Cr.P.C. power legally bound to see if accusations constitute any offence. Abhishek Saxena v. State of Uttar Pradesh, 2023 LiveLaw (SC) 1072 No adverse inference against prosecution merely because witnesses are withheld. Maheshwari Yadav v. State of Bihar, 2023 LiveLaw (SC) 1063 Delay in filing fir not satisfactorily...
Supreme Court Weekly Digest With Subject /Statute Wise Index [March 18 to 24]
Citations 2024 LiveLaw (SC) 240 to 2024 LiveLaw (SC) 255Arbitration and Conciliation Act 1996Arbitration and Conciliation Act 1996; Section 78(5) – Arbitration clause – Two-Contract Case – When the parties enter into a contract, making a general reference to another contract, such general reference would not have the effect of incorporating the arbitration clause from the referred...
To Prove S.27 Evidence Act Statement, Investigating Officer Must Narrate What Accused Stated; Merely Exhibiting Memorandum Not Enough : Supreme Court
In a notable judgment, the Supreme Court has discussed how to prove a disclosure statement made by an accused under Section 27 of the Indian Evidence Act.The Court noted that the statement of an accused recorded by a police officer under Section 27 of the Evidence Act is basically a "memorandum of confession" of the accused recorded by the Investigating Officer during interrogation which has...
Supreme Court Permits Withdrawal Of Plea Seeking Regulation Of Inappropriate Content On OTT Platforms, Asks Litigant To First Approach Govt
The Supreme Court today permitted withdrawal of a plea seeking regulation of inappropriate content on over-the-top (OTT) platforms, while granting liberty to the petitioner to make a representation to the Union of India.The Bench of Justices BR Gavai and Sandeep Mehta passed the order on the petition filed in public interest, challenging the publication of inappropriate content on OTT...
Supreme Court Stays Himachal Pradesh HC Order Refusing Recall Of Transfer Directions Against Kangra SP
The Supreme Court on Friday (April 19) stayed the order of the Himachal Pradesh High Court which directed the transfer of Superintendent of Police (SP), Kangra District. The High Court in the impugned order refused to recall its earlier directions on transferring Kangra SP Shalini Agnihotri and DGP Sanjay Kundu. The Supreme Court bench comprising CJI DY Chandrachud and Justice JB Pardiwala...
'This Is A Scam' : Supreme Court Suprised At Gujarat APMC Allowing 5-Star Hotel On Land Meant For Agriculture Market Yard
The Supreme Court on Friday (April 19) declined to interfere with the order passed by the Gujarat High Court directing the Agricultural Produce Market Committee (APMC), Surat to auction the land allegedly misappropriated for the construction and running of a 5-star hotel. The Supreme Court observed that the High Court was correct in directing such an auction for the land allotted to be...