Supreme court
Supreme Court Weekly Round-Up (11 March-16 March, 2024)
Live Law has got you covered with all the latest updates this week. You'll find it all here, whether it's news on the Electoral bonds, appeals against Professor GN Saibaba's acquittal, or applications seeking stays on recently notified CAA rules. This digest aims to inform you about the latest judgments, orders, and Public Interest Litigations (PILs) filed in the Supreme Court during the...
Supreme Court Issues Notice In Plea Over OBC Exclusion From Reservation In Bihar Municipal Bodies
The Supreme Court on Friday (March 15) issued notice in a plea raising the issue of exclusion of Other Backward Classes (OBCs) from the scope of 'triple test' for reservation in Municipal Elections of Bihar.The order was passed by a Bench of Justices Surya Kant and KV Viswanathan in petitioner's challenge to a Patna High Court judgment delivered on January 31, which dismissed his writ...
Customs Act | Importer's Subsequent Import Bill Be Discarded If Undervalued To Previously Imported Identical Or Similar Goods: Supreme Court
Recently, the Supreme Court held that under the Customs Act, the Importer's Bill of Entry of subsequent imported goods can be discarded if the subsequent imported goods are undervalued to the previously imported identical or similar goods. Affirming the findings of the Central Customs, Excise & Service Tax Appellate Tribunal (“CESTAT”), the Bench comprising Justices Abhay S. Oka...
Governor Can Consult Only High Court On District Judges' Appointment: Supreme Court Faults Haryana Govt For Seeking Union's Opinion
The Supreme Court underscored that the Governor of a State can only consult the High Court in the matter of appointments of District Judges in terms of Article 233 of the Constitution.Holding so, the Court found fault with the Haryana Government for seeking a legal opinion from the Union Government regarding the recommendations made by the Punjab and Haryana High Court for appointments in...
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...