Requirement For Disclosures In Criminal Trial Can't Step Over Right To Privacy : Supreme Court Acquits Woman Accused Of Killing Newborn

The trial court's verdict "reinforces cultural stereotypes and gendered identities", the Supreme Court said.

Supreme Court Weekly Digest [September 18 – 24, 2023]

Citations: 2023 LiveLaw (SC) 800 To 2023 LiveLaw (SC) 821SUBJECT WISE INDEXArbitrationThe Supreme Court explains scope of judicial interference in arbitral awards. Batliboi Environmental Engineers v. Hindustan Petroleum Corporation, 2023 LiveLaw (SC) 817 : 2023 INSC 850Civil LawIn the second appeal, the High Court must frame a substantial question of law at the admission stage itself...

To Hold A Medical Practitioner Liable For Negligence, A Higher Threshold Limit Must Be Met: Supreme Court

The Supreme Court, while hearing a set of appeals pertaining to the medical negligence matter, observed that to hold a medical practitioner liable for negligence, a higher threshold limit must be met. This is to ensure that these doctors are focused on deciding the best course of treatment as per their assessment rather than being concerned about possible persecution or harassment that they...

Rajasthan Urban Improvement Act | Supreme Court Delivers Split Verdict On Whether Notice Of Land Acquisition Should Be Served On Possessors Whose Names Are Not Reflected In Revenue Records

The Supreme Court recently delivered a split verdict on whether notice must be given to possessors in a land acquisition proceeding by the acquiring authority under the Rajasthan Urban Improvement Act, when their names were not reflected in the revenue records, despite being in possession of the land. The appeal was filed against an order of the Rajasthan High Court that had held that...

Transfer Of Property Act | Rents Receivable Can Be Assigned By Debtor To Creditor As Actionable Claim: Supreme Court

Rents receivable by a borrower can be assigned to a lender as an "actionable claim" as per the Transfer of Property Act,1882(TPA), held the Supreme Court while deciding a dispute between the Infrastructure Leasing and Financial Services Ltd and the HDFC Bank Ltd.The bench comprising Justices S Ravindra Bhat and Dipankar Datta observed that under Section 3 of TPA, actionable claim means (a)...

IBC| Time-Barred Recovery Certificate Can Be Segregated From Composite Claim Under Section 7 : Supreme Court

The Supreme Court has held that in a composite application filed under Section 7 of the Insolvency and Bankruptcy Code, 2016 (“IBC”) based on several Recovery Certificates issued by Debt Recovery Tribunal, if any of the Recovery Certificate(s) is barred by limitation, then the same can be segregated from composite claim. However, as the decree (Recovery Certificate) would still be alive,...

State Amendments Made To VAT Acts After GST Came Into Effect Are Invalid : Supreme Court

A Division Bench of the Supreme Court, while deciding the appeals arising from judgments of Telangana, Gujarat and Bombay High Court with respect to the validity of VAT Amendment Act in their respective states, made several significant findings regarding Section 19 of the Constitution (101st Amendment) Act (Amendment), 2016, which allowed the introduction of the Goods and Services...

Judges Taking Up Cases Not Assigned By Chief Justice Is An Act Of 'Gross Impropriety': Supreme Court

The Supreme Court recently said that the judges should refrain from taking up cases not specifically assigned to them by the Chief Justice of the Court. If not, the roster notified by the Chief Justice will have no meaning, the Court said. The Apex Court said that taking up cases not assigned by the Chief Justice is an act of 'gross impropriety'. “If the Courts allow such sharp practices,...

Can ED Attach Property Acquired Before Alleged Commission Of Scheduled Offence? Supreme Court To Consider

The Supreme Court recently issued a notice in a case which raises the issues whether a property acquired before the alleged act of scheduled offences under the Prevention of Money Laundering Act(PMLA), 2002 can be called “proceeds of crime” liable to be attached by the Directorate of Enforcement (ED).Another issue which arises in the case is whether the PMLA would override the...

[Article 142] Supreme Court Issues Directions For Sale And Attachment Of Assets To Clear Arrears Of Maintenance To Woman Abandoned By Husband

The Supreme Court recently directed sale of ancestral property of a man to pay arrears of maintenance of Rs. 1.25 Crores to his wife under its inherent powers under Article 142. A bench of Justice Ravindra Bhat and Justice Aravind Kumar relied on decisions of the Apex Court in Subrata Roy Sahara V Union Of India [2014] 12 SCR 573 and Delhi Development Authority V. Skipper Construction 1996...

Wakf | Judgment Debtor Can't Be Allowed To Take Undue Advantage By Invoking Plea Of Lack Of Jurisdiction At Execution Stage: Supreme Court

After a prolonged litigation, the Supreme Court, in a noteworthy judgment, finally granted relief to the owner of a suit property (Mumtaz Yarud Dowla Wakf) in favour of whom the decree was already granted back in 2002.In a judgment authored by Justice M. M. Sundresh, it called out the dilatory tactics adopted by respondents while setting aside the impugned order and restoring the order passed...

Tenancy Law | Can't Invoke S.5 Limitation Act Where Statute Prescribes Lesser Time Period For A Particular Purpose: Supreme Court

In the context of tenancy laws, the Supreme Court on Wednesday held that Section 5 of Limitation Act, 1963 ( Extension of prescribed period in certain cases) cannot be used to extend the time limit prescribed, when a lesser time period has been specifically provided under the relevant act for a particular purpose.In the case at hand, the Court was referring to Section 7 of the West...