No Action To Be Taken On Outcome Of ASI Survey Of Bhojshala Temple-Kamal Maula Mosque Complex Without Our Permission : Supreme Court

In a plea against the Madhya Pradesh High Court's order directing the Archaeological Survey of India to conduct a survey at the Bhojshala Temple cum Kamal Maula Mosque complex, the Supreme Court (on April 01) passed an interim order that no physical excavation should be taken by the ASI which will change the character of the premises in question. A bench comprising Justices Prashant...

Supreme Court Refers Kerala's Suit Against Union Over Borrowing Limits To Constitution Bench, Refuses Interim Relief

The Supreme Court on Monday (April 1) referred the suit filed by the State of Kerala against the Union of India challenging the limits imposed on the State's borrowing capacities to a 5-judge Constitution Bench in terms of Article 145(3) of the Constitution.At the same time, however, the bench, comprising Justices Surya Kant and KV Viswanathan, refused to pass orders on the interim relief...

Supreme Court Directs Survey Of Karnataka Mines For Which Rehabilitation & Reclamation Plans Not In Place

In a public interest litigation (PIL) relating to iron ore mining in Karnataka, the Supreme Court recently directed Karnataka's Principal Chief Conservator of Forests to carry out a detailed scrutiny and survey of Category A/B/C mines (in Bellary, Chitradurga and Tumkur) in respect of which data and/or R&R (rehabilitation and reclamation) plans have not been submitted/approved.The Bench...

Enforcement Of Foreign Award Must Be Refused Only Rarely, International Standards To Be Applied To Determine Bias : Supreme Court

In a crucial judgment, while allowing the enforcement of a foreign arbitral award, the Supreme Court (on March 04), held that to determine the factor of arbitral bias, Court must endeavour to follow international standards than domestic ones. It is only in exceptional circumstances that enforcement of a foreign should be refused on the ground of bias., the Court said."Embracing...

Stricter Approach Will Be Taken Regarding Bail In Custodial Death Cases Where Police Officers Are Accused : Supreme Court

The Supreme Court held that a stricter approach regarding bail will be adopted regarding cases of custodial torture where police officers are involved.“It is a fact that, in ordinary circumstances, we ought not to invoke our jurisdiction under Article 136 of the Constitution of India to invalidate an order granting bail to an accused. But this criteria, while dealing with the question...

IBC | Resolution Plan Approved By CoC Can't Be Withdrawn or Modified By Resolution Applicant: Supreme Court

The Supreme Court reiterated that once a resolution plan is approved by the Committee of Creditors (“CoC”) then it becomes impermissible for the resolution applicant to withdraw or modify the resolution plan. The Bench Comprising Justices Sanjiv Khanna and Dipankar Datta referred to the Judgment of Ebix Singapore Private Limited v. Committee of Creditors of Educomp Solutions Limited...

Cognizance Of Offence Under Drugs & Cosmetics Act 1940 Can't Be Taken Based On Police Officer's Complaint: Supreme Court

The Supreme Court held that cognizance cannot be taken of an offence under the Drugs and Cosmetics Act, 1940 based on a complaint filed by a police officer.Reversing the decision of the High Court which had refused to quash the proceedings against the accused, the Bench Comprising Justices Hrishikesh Roy and Prashant Kumar Mishra observed that under the Drugs and Cosmetics Act, the...

'Unresolved Crimes Erode Public Trust In Institutions': Supreme Court Orders CBI Probe Into Death Of Manipuri Woman In Delhi In 2013

Recently, the Supreme Court held that the power of the constitutional courts to transfer the investigation to the CBI must be exercised sparingly and in exceptional circumstances, however, the constitutional courts aren't restrained to transferring the investigation to the CBI for doing complete justice and ensuring there is no violation of fundamental rights.Observing so, the Court...

JJ Act | Juvenile Accused Can't Be Tried As Adult In Absence Of Preliminary Assessment & Report By JJB : Supreme Court

Recently, the Supreme Court held that the conviction of the accused child who was a 'child in conflict with law' cannot be sustained unless the preliminary assessment to ascertain the physical and mental capacity of the child to commit the crime and the need to try the child as an adult or a juvenile was adhered to as the mandatory requirements under the Juvenile Justice Act, 2015.Reversing...

Examination In Chief Of Witnesses Without Recording Their Cross-Examination Is Contrary To Law: Supreme Court

The Supreme Court (on March 18) observed that recording only the examination in chief of witnesses without recording their cross-examination is contrary to the law. To strengthen this, the Court also referred to Section 138 of the Indian Evidence Act of 1872, which outlines the examination order of witnesses. As per this provision, the witnesses are required to be first...

Income Tax Orders Not Conclusive Proof For Discharge In Case Under Prevention Of Corruption Act : Supreme Court

The Supreme Court on March 19, in a recent judgment held that exoneration in Income Tax proceedings by itself would not become a valid ground for the discharge of an accused under the provisions of The Prevention Of Corruption Act, 1988 (PCA).The bench comprising Justice Vikram Nath and Justice KV Viswanathan was sitting in appeal against an order of the Delhi High Court which refused...

Supreme Court Weekly Digest With Subject /Statute Wise Index [March 1 to 10]

Citations 2024 LiveLaw (SC) 180 to 2024 LiveLaw (SC) 219Agricultural Produce and Livestock Markets Act, 1966 Agricultural Produce and Livestock Markets Act, 1966 (Andhra Pradesh) – Ghee as a product of livestock – The inclusion of “ghee” as a livestock product cannot be faulted merely because it is not directly obtained from milk, which is a product of livestock, it would still be...