Supreme court
Conveyance Takes Place Only At Time Of Registration Of Sale Deed; Need For Sanction For Conveyance Doesn't Bar Agreement To Sell : Supreme Court
The Supreme Court observed that conveyance by way of sale would take place only at the time of registration of a sale deed in accordance with Section 17 of the Registration Act, 1908. Therefore, the Court held that there is no bar for a tribal in Maharashtra to enter into an agreement to sell and seeking advance sale consideration.On this basis, the Court held that a suit for specific...
Judiciary Must Avoid Unnecessary Interference With Administrative Decisions Involving Specialized Expertise: Supreme Court
While allowing the appeal against a Punjab and Haryana High Court order, which set aside Chief Minister ML Khattar's (Accepting Authority's) remarks and overall grade regarding senior IAS Officer Ashok Khemka's Performance Appraisal Report (PAR), the Supreme Court yesterday reiterated the principle of judicial restraint in administrative decisions.Calling it a foundational principle of...
Filing Of Suit To Assert Rights Cannot Amount To Contempt Of Court: Supreme Court
The Supreme Court recently, while hearing an appeal dismissing a contempt petition, observed that filing a suit to assert rights cannot amount to contempt of court. “We find that, by no stretch of imagination, it could be said that the filing of the suit for asserting the rights of the plaintiffs/respondents could be said to be amounting to contempt of the Court.” The case...
Anticipatory Bail Can't Be Denied On Mere Assertion Of State That Custodial Interrogation Of Accused Is Required: Supreme Court
Recently, the Supreme Court held that anticipatory bail can't be denied merely because the custody of the accused is required by the State for custodial interrogation. “There is no gainsaying that custodial interrogation is one of the effective modes of investigating into the alleged crime. It is equally true that just because custodial interrogation is not required that by itself may also...
Celebratory Firing During Marriage Ceremonies An Unfortunate Practise, Guns Not Meant To Be Used In Such Ceremonies: Supreme Court
In an unfortunate case where celebratory firing during a marriage ceremony resulted in the death of a person, the Supreme Court has called out such an exercise. Expressing dismay at such kind of firing, the bench of Justices Vikram Nath and Satish Chandra Sharma stated: “The act of celebratory firing during marriage ceremonies is an unfortunate yet prevalent practise in our nation....
Allegation Of Sexual Harassment Committed Within Closed Confines Requires Closer Scrutiny If Victim's Statement Is Doubtful: Supreme Court
The Supreme Court on Monday (March 11) observed that the offence of sexual harassment committed within the confines of a room or a house (under the POCSO Act) requires closer scrutiny by the courts while deciding the conviction of the accused solely based on the victim's statements.Reversing the concurrent findings of the trial court and the Madras High Court, the Supreme Court acquitted...
Should CBFC's Advisory Panel Include Persons With Disability To Deal With Films Portraying Disability? Supreme Court To Consider
The Supreme Court on Monday (March 11) issued notice in a petition challenging the alleged insensitive portrayal of disabled individuals in the film 'Aankh Micholi,' produced by Sony Pictures. The Court, in the present matter, will consider the potential implications of the Rights of the Persons with Disabilities Act 2016 ( Act of 2016) on the certification process for films...
Supreme Court Extends Stay On Defamation Proceedings Against Arvind Kejriwal For Retweeting Dhruv Rathee's Video On BJP IT Cell
In a challenge to the defamation case lodged against Delhi Chief Minister Arvind Kejriwal for retweeting a video by Youtuber Dhruv Rathee making certain allegations against Bharatiya Janata Party (BJP) IT Cell, the Supreme Court today extended the interim stay of trial proceedings against Kejriwal.The Bench of Justices Sanjiv Khanna and Dipankar Datta, on hearing a submission by the...
HC Erred In Setting Aside CM's Remarks Against IAS Officer's PAR : Supreme Court Allows Haryana Govt Appeal Against Ashok Khemka
The Supreme Court today allowed Haryana government's challenge to a Punjab and Haryana High Court order, which set aside Chief Minister ML Khattar's (Accepting Authority's) remarks and overall grade regarding senior IAS Officer Ashok Khemka's Performance Appraisal Report (PAR)."We are of the opinion that the learned Division Bench of the High Court erred in law", said the Bench of Justices...
Supreme Court Dismisses SBI's Plea For Extension Of Time For Furnishing Electoral Bonds Details; Directs Disclosure By March 12
In the latest development in the electoral bonds case, the Supreme Court on Monday (March 11) dismissed an application for extension of time filed by the State Bank of India (SBI) for complying with the court's earlier directions to furnish electoral bonds details. Concluding that the requisite information is sufficiently available with the bank, the court asked it to disclose the information...
Medical Council's Report Can't Be Determinative To Contradict Consumer Forum's Evidentiary Findings On Medical Negligence : Supreme Court
The Supreme Court observed that a report of the Medical Council cannot be determinative to contradict the factual findings entered by a Consumer Forum regarding medical negligence.The Court was hearing an appeal filed by a man, a BPL card holder, whose 13-year-old son lost complete vision in his right eye following a cataract surgery undertaken by the respondents (Dr.Sumit Banerjee and Megha...
Supreme Court Weekly Round-Up (04 March-09 March, 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, providing...