'Disciplinary Proceedings Contemplated' : What Does 'Contemplate' Mean? Supreme Court Explains

The Supreme Court in its decision on Thursday (December 14), in an appeal against a High Court's Order allowing appointment to a government post, held that to ascertain the cut-off date for eligibility criteria, attention should be given to clarification letters issued subsequently. The Bench comprising Justices M.M. Sundresh and Aravind Kumar further analysed the position of law...

When No Limitation Period Is Prescribed, Appeal Must Be Filed Within 'Reasonable Time' Depending Upon Facts Of Each Case: Supreme Court

The Supreme Court has held that when no limitation period has been prescribed for filing an appeal, then such appeal must be filed within a reasonable time, which is to be determined as per facts and circumstances of each case.“In the absence of any particular period of time being prescribed to file an appeal, the same would be governed by the principle of 'reasonable time', for which,...

100 Important Supreme Court Judgments Of 2023 [Part 1]

As is the annual tradition, LiveLaw brings to you the list of 100 important Supreme Court judgments of the current year - a much awaited article by our dear readers.The judgments are selected based on the following criteria - (i) importance to the general public; (ii) settlement of a contested position of law; (iii) utility for practising lawyers, judges and students.A disclaimer is added...

Supreme Court Weekly Digest With Subject-Wise, Statute-Wise Index & Nominal Index [October 9 – 15, 2023]

Citations: 2023 LiveLaw (SC) 864 To 2023 LiveLaw (SC) 894SUBJECT WISE INDEXAbortionFoetus 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) 881AdvocateAbsence of Advocate - The order sheet of that date records that the advocate for the appellant was absent. It also...

No Adverse Inference Against Prosecution Merely Because Witnesses Are Withheld: Supreme Court

While dismissing a criminal appeal, the Supreme Court (on December 13) opined that withholding witnesses from the court doesn't always mean that an 'adverse inference' can be drawn against the prosecution.“It is not axiomatic that in every case where the eyewitnesses are withheld from the court, an adverse inference must be drawn against the prosecution. The totality of the circumstances...

Master-Servant Relationship Continues During Suspension Period, Workman To Follow All Rules Governing Post : Supreme Court

A Supreme Court bench comprising Justices Hima Kohli and Rajesh Bindal on Thursday (December 14) in an order dealing with the issue of deeming voluntary retirement in a Bipartite Agreement held that a master-servant relationship continues during the period of suspension and the workman is under obligation to follow all the rules governing his post during that period. On the issue that...

Ensure Bail Applications Are Listed At The Earliest; Personal Liberty At Stake : Supreme Court To All High Courts

The Supreme Court on Monday (December 11) expressed serious concerns over the delay in consideration of anticipatory bail/ regular bail applications by High Courts. The bench comprising Justices C.T. Ravikumar and Sanjay Kumar observed that despite repeated judicial pronouncements of the Apex Court, lack of efficiency in listing and disposal of anticipatory bail applications gravely injures...

Documents Can Be Produced During Cross-Examination In Civil Trial To Confront Party To Suit Or Witness : Supreme Court

In a notable judgment, the Supreme Court has held that a document can produced during cross-examination in a civil trial to confront a party to the suit or a witness. The Court also held that there is no distinction between a party to a suit and a witness in this regard.A bench comprising Justices BR Gavai and Sanjay Karol set aside a judgment of the Bombay High Court which held that...

Though Advocates Settle Pleadings & Argue On Clients' Instructions, They Have Duty To Verify Facts From Case Records: Supreme Court

The Supreme Court recently observed that advocates settle pleadings and argue in court on instructions given by the clients, they also have the duty to diligently verify the facts from the record of the case."It cannot be gainsaid that every party approaching the court seeking justice is expected to make full and correct disclosure of material facts and that every advocate being an officer of...

IBC | When Matter Heard But No Order Pronounced On The Same Day, Limitation To Commence From The Date When Order Gets Uploaded: Supreme Court

The Supreme Court has held that when the National Company Law Tribunal (“NCLT”) hears a matter on a particular date but does not pronounce the order on the same date, then the limitation for filing an appeal from such order before the National Company Law Appellate Tribunal (“NCLAT”) under Section 61 of the Insolvency and Bankruptcy Code, 2016 (“IBC”), would commence from the...

IBC | When Matter Heard On A Particular Date But Order Pronounced Later, NCLT Not To Affix Date Of Hearing On Order: Supreme Court

The Supreme Court has held that when a matter is heard by the National Company Law Tribunal (“NCLT”) on a particular date but the order is pronounced on another date, then NCLT must refrain from affixing the date of hearing on the order. The requirement of pronouncement of order cannot be dispensed with, since under the NCLT Rules, 2016 there is a distinction between 'hearing'...

ED Needn't Give Reasons In Writing To Accused At Time Of Arrest, Can Give Within 24 Hrs; 'Pankaj Bansal' Doesn't Apply Retrospectively: Supreme Court

The Supreme Court on Friday (December 15) held that its judgment in Pankaj Bansal v. Union of India which held that the Directorate of Enforcement (ED) must furnish the grounds of arrest to the accused in writing does not apply retrospectively.A bench comprising Justices Bela M Trivedi and Satish Chandra Sharma held that non-furnishing of grounds of arrest till the date of pronouncement in...