Supreme Court Weekly Digest With Subject/Statute Wise Index [January 14 to20]

Administration of JusticeIn the instant case, we find initiation of criminal proceedings before a forum which had no territorial jurisdiction by submitting incorrect facts and giving frivolous reasons to entertain such complaints. A closer look at the respondent's actions reveals more than just an inappropriate use of jurisdiction. The core issue of the dispute, which involves...

Supreme Court Refuses To Set Aside Murder Conviction Merely Because Of Mismatch Between Doctor's Evidence & Ocular Evidence

The Supreme Court recently upheld the conviction in a murder case observing that the ocular evidence given by the eye witness can't be discredited merely because the expert opinion supplied by the doctor suggests the use of different weapons in causing injuries.Setting aside the concurrent findings of the High Court and Trial Court, the Bench of Justices Abhay S. Oka and Pankaj Mithal,...

Supreme Court Sentences Man Who Raped 7 Year Old Girl In Temple To 30 Years Imprisonment

In a horrifying incident where a 40-year-old man raped a seven-year-old Child (victim), the Supreme Court imposed the sentence of 30 years of rigorous imprisonment with a fine of Rupees One Lakh. In the instant case, the victim's grandmother lodged an FIR against the accused/ petitioner for kidnapping and raping. Per the case successfully established by the prosecution, the victim,...

Supreme Court Annual Digest 2023 - Insolvency And Bankruptcy Code

A company could not avail benefit of the Sabka Vishwas scheme as it was under moratorium under IBC - The Courts are meant to do justice and cannot compel a person to do something which was impossible for him to do - Directed that the payment of amount already deposited by the company be appropriated towards settlement dues under “Sabka Vishwas Scheme 2019 and the company be issued...

Madras HC Judge Ought To Have Ideally Obtained Orders From Chief Justice Before Proceeding With Suo Motu Revision : Supreme Court On Order Against TN Minister

In the matter pertaining to a Single Judge of Madras High Court taking suo motu revision against the discharge of Tamil Nadu Revenue Minister KKSSR Ramachandran in a corruption case, the Supreme Court today (February 5) observed that the judge ought to have ideally placed the matter before the Chief Justice of the court prior to the passing of the order.After hearing submissions addressed...

Even If Chargesheet Is Filed During Pendency Of Petition To Quash FIR, High Court Can Examine If Offences Are Made Out : Supreme Court

Recently, the Supreme Court observed that if the charge sheet is filed against the accused during the pendency of the petition for quashing of the FIR, the High Court is not restrained from exercising its inherent jurisdiction and could still examine if offences alleged to have been committed were prima facie made out or not on the basis of the F.I.R., charge sheet and other...

Supreme Court Weekly Round-Up (29th January- 3rd February, 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...

A Perfectly Valid Provision Can't be 'Read Down' Just Because It Imposes Harsher Consequences: Supreme Court

The Supreme Court, in a recent judgment, observed that if a plain reading of a clause fulfills the object and purpose of the statute, then the rule of 'Reading Down' the clause would not be applied just because the clause imposes harsher consequences.Disagreeing with the observation made by the High Court, the Bench comprising CJI DY Chandrachud, Justices JB Pardiwala, and Manoj Misra,...

Supreme Court Issues Notice On Plea For Rehabilitation Of Slum Dwellers Evicted From Jhuggis Near Delhi's Mathura Road

In a plea against demolition of a Jhuggi Jhopri (JJ) cluster near Mathura Road, Delhi, at a time when demolition activities in the national capital were banned subject to exceptions, the Supreme Court on Friday(February 2) issued notice to the respondent-authorities.The Bench of Justices PS Narasimha and Aravind Kumar was hearing a challenge to a Delhi High Court order, whereby a plea against...

SARFAESI | Bank Can Forfeit Entire 25% Deposit & Not Just The Extent Of Loss Due To Default By Auction Purchaser : Supreme Court

In a significant verdict, the Supreme Court held that the entire earnest money deposited by an auction purchaser would be forfeited as per Rule 9(5) of the Security Interest (Enforcement) Rules, 2002 (SARFAESI Rules) on the failure to deposit the remaining amount within the stipulated period.The Court rejected the view taken by the Madras High Court that the forfeiture of the earnest...

Declaration Of Title Can Be Sought Based On Adverse Possession : Supreme Court Reiterates

Recently, the Supreme Court reiterated that a suit for declaration of title based on the plea of an adverse possession can be filed by the plaintiff. Reversing the findings of the High Court, the Bench of Justices P.S. Narasimha and Aravind Kumar, while referring to the Judgment of Ravinder Kaur Grewal vs. Manjit Kaur observed that it is a settled position of law that a plaintiff can seek...

Trek Organizer Not Liable For Deaths Of Trekkers Due To Forest Fire: Supreme Court Quashes FIR Against Belgian Citizen

The Supreme Court recently quashed an FIR against a Belgian citizen over the death of 13 trekkers due to a forest fire which took place at the Kerala-Tamil Nadu border in 2018. This trekking expedition was organized and arranged through a website owned by the Belgian citizen, Peter Van Geit. Based on this, the appellant was also embroiled in the matter. Pertinently, he was accused...