'Approach High Court' : Supreme Court Dismisses Popular Front of India's Plea Against Central Govt's Ban Under UAPA

The Supreme Court on Monday (November 6) dismissed a plea by the Popular Front of India (PFI) challenging a home ministry notification designating it and its affiliated organisations as 'unlawful associations' under the Unlawful Activities (Prevention) Act, 1967 since the now proscribed outfit did not approach a high court first. The court, however, granted PFI liberty to seek appropriate...

Why Governors Act On Bills Only After State Govts Approach Courts? This Has To Stop : Supreme Court

"Governors should not be oblivious of the fact that they are not elected authorities", CJI stated.

Chamber Judge Refers Appeal Against Registrar's Refusal To Accept Petition To Court As Matter Involves Interpretation Of Order

The Supreme Court, comprising Justice K.V. Vishwanathan (in-chamber), while hearing an application assailing the registrar’s refusal order, observed that the matter involving Court’s interpretation does not fulfil the “ingredients” of Order XV Rule 5 of the Supreme Court Rules. The same permits the party to appeal against such refusal order within the timeline of 15 days. Thus,...

Murder Trial | Non-Explanation Of Injuries On Accused Will Create Doubts On Prosecution Version : Supreme Court

In a criminal appeal against conviction in a murder case, the Supreme Court recently observed that the non-explanation of injuries on the accused shows prosecution may have concealed the real incident.A three-judge bench comprising Justice BR Gavai, Justice BV Nagarathna, and Justice Prashant Kumar Mishra was hearing an appeal against a judgment of the Madhya Pradesh High Court which upheld...

For Conviction Under Section 149 IPC, No Overt Act Needed; Membership Of Unlawful Assembly Enough: Supreme Court

The Supreme Court recently held that for Section 149 of the Indian Penal Code, it is not necessary to demonstrate that a person committed an illegal overt act or was guilty of an illegal omission to be held a member of an unlawful assembly. The punishment prescribed by Section 149 is, in a sense, vicarious, and does not mandate that every member of the unlawful assembly has personally...

Supreme Court Weekly Digest With Nominal And Subject/Statute Wise Index [September 25 – 30, 2023]

Citations: 2023 LiveLaw (SC) 822 To 2023 LiveLaw (SC) 843SUBJECT WISE INDEXAbortion'No immediate threat to mother's life; no foetal abnormality' : Supreme Court rejects married woman's plea to abort 26-week pregnancy. X v. Union of India, 2023 LiveLaw (SC) 840AdvocateSupreme Court directs Manipur bar associations to not prevent lawyers of any community from appearing before courts; warns...

Supreme Court Asks NLU Jodhpur To File Progress Report On Regularisation of Staff

Recently, the Supreme Court (On October 31) asked the National Law University, Jodhpur, to submit a progress report regarding the regularisation of its faculty within two months. This matter is related to the University mainly employing teachers on contract basis. The Court had earlier expressed concerns about the University having only contractual staff.The matter was placed before the Bench...

Supreme Court Half Yearly Digest 2023 -Criminal Trial

Section 197 Cr.P.C. - Sanction required even for acts done in excess of official duty. A. Srinivasulu v. State of Rep. by the Inspector of Police, 2023 LiveLaw (SC) 485Section 319 Cr.P.C. - Person not named in the FIR can be added as accused if there's sufficient evidence of his involvement. Jitendra Nath Mishra v. State of U.P., 2023 LiveLaw (SC) 480 : AIR 2023 SC 2757 : 2023 INSC...

Accused Can't Be Given Opportunity To Explain Before Filing Final Report : Supreme Court Sets Aside 'Strange' HC Order

The Supreme Court recently expressed surprise at a direction passed by a High Court that the police will give opportunity to an accused to explain the materials collected against him before the filing of chargesheet.The Madhya Pradesh High Court passed the direction while refusing to quash an FIR under Section 482 of the Code of Criminal Procedure.Disapproving of the High Court's order, a...

IBC | Tax & Customs Dues To Be Paid As Per Waterfall Mechanism Under Section 53 : Supreme Court

The Supreme Court Bench comprising Justice Sanjiv Khanna and Justice S.V.N. Bhatti, has clarified that the dues of the Central Board of Indirect Taxes & Customs, Department of Revenue, will be paid as per the waterfall mechanism given under Section 53 of the Insolvency and Bankruptcy Code, 2016 (“IBC”).Section 53 of IBC provides the order of priority in which proceeds from sale...

Army's Approach To Promotion Of Women Officers Arbitrary, Contrary To Judgment : Supreme Court

The Supreme Court on Friday (November 3) criticized the Indian Army for its "arbitrary" attitude towards the promotion of women officers who have been granted permanent commission as per the earlier judgments of the Court.The Court observed that the norms adopted by the Army have done "disservice to the need to provide justice to women officers who had fought a long and hard battle to...

Gyanvapi Dispute | Supreme Court Dismisses Mosque Committee's Challenge To Allahabad HC CJ Transferring Case To Himself From Another Bench

The Supreme Court on Friday (November 3) refused to interfere with the order passed by Allahabad High Court Chief Justice Pritinker Diwaker transferring the cases concerning Kashi Vishwanath-Gyanvapi Mosque dispute to his bench from the bench of another judge.A bench comprising Chief Justice of India DY Chandrachud, Justice JB Pardiwala, and Justice Manoj Misra dismissed a Special Leave...