Decide Remission Applications Without Delay : Supreme Court To Chhattisgarh Govt

In a recent ruling by the Supreme Court of India, a case involving the belated grant of permanent remission, the Court urged the Chhattisgarh State Government to ensure that such cases are considered without unnecessary delays, following the government's policy. The Court noted that the petitioner was released and the Secretary had tendered his apology for belated remission.It observed...

Homebuyers Who Secure RERA Decrees Can't Be Treated Differently From Other Financial Creditors Under IBC : Supreme Court

The Supreme Court has held that homebuyers cannot be treated differently from other "financial creditors" under the Insolvency and Bankruptcy Code (IBC) 2016 just because they have secured orders from the authority under the Real Estate (Regulation and Development) Act 2016.A bench comprising Justices S Ravindra Bhat and Aravind Kumar set aside an order of the National Company Law...

United Commercial Bank Officers' Regulations | Disciplinary Proceedings Begin Only After Service of Chargesheet : Supreme Court

The Supreme Court recently held that disciplinary proceedings are considered to begin only after the service of a chargesheet and not show cause notice as per the United Commercial Bank Officer, Employees (Discipline and Appeal) Regulations 1976. The case pertained to a former bank officer of the UCO Bank who had faced disciplinary action even after reaching the age of superannuation.The...

Supreme Court Weekly Digest With Nominal And Subject/Statute Wise Index[September 1 – 10, 2023]

Citations: 2023 LiveLaw (SC) 737 To 2023 LiveLaw (SC) 762SUBJECT WISE INDEXArmyBSF Act - Even if an officer pleads guilty of misconduct, the court has to satisfy that confession is voluntary. Union of India v. Jogeshwar Swain, 2023 LiveLaw (SC) 758 : 2023 INSC 802BailBail - One cannot apply one bail order to all the other subsequent cases. (Para 8) PACL v. Central Bureau of Investigation,...

POCSO Act | State Must Provide 'Support' Persons' For Child Victims; It Can't Be Left To Parents' Discretion: Supreme Court

The Supreme Court has underlined that the State has the obligation to provide 'support persons' as per the Protection of Children from Sexual Offences (POCSO) Act 2023 to child victims of sexual offences and that the appointment of support persons cannot be made optional. The need for support persons should not be left to the discretion of the parents of the child victims, the Court...

Principles Relating To Plea & Alibi & Delaying In Registering FIR : Supreme Court Explains

A Division Bench of the Supreme Court, comprising Justices Abhay S. Oka and Sanjay Karol, recently affirmed the conviction of 9 accused persons of the crime committed by them back in 1988. It may be relevant to point out that the bail was granted to the accused persons by the Supreme Court in the year 2012 and thus, now they have been directed by the Top Court to surrender...

NDPS Act | If Samples Are Drawn Violating Section 52A, Trial Stands Vitiated : Supreme Court

The Supreme Court on Friday (13.10.2023), set aside the order of the High Court that had sentenced a man to 10 years' imprisonment for being found in possession of commercial quantities of heroin. The Apex Court set aside the order on the ground that the NCB authorities failed to show that the seized contraband were drawn in the presence of a Magistrate and that the inventory of the ...

'Defence Ministry Finds There's A Racket Running On Disability Pension Cases' : Attorney General Tells Supreme Court

While defending the transfer of a judicial member of the Armed Forces Tribunal, Chandigarh Bench, Attorney General for India R Venkataramani told the Supreme Court on Friday (October 13) that there is a "racket" conducting disability pension cases at the AFT. The AG also questioned the genuineness of the petition filed by Armed Forces Tribunal Chandigarh Bar Association (AFTCBA) challenging...

Merely Because A Person Is Educated & God Fearing, It Can't Be Said That He Has Good Reputation : Supreme Court

The Supreme Court in a judgment delivered on Friday (13.10.2023) held that just because a person is educated and said to be God-fearing, it cannot be said that the person has a positive reputation.“A court of law cannot declare the reputation of a person based upon its own opinion merely because a person is educated and said to be God-fearing, that by itself will not create a...

Electricity Act | Captive Generating Plant Having More Than One User And Fluctuating Shareholding- Consumption To Be Calculated Using “Weighted Average” Principle: Supreme Court

The Supreme Court bench comprising Justice Sanjiv Khanna and Justice M.M. Sundresh, has held in cases where a Captive Generating Plant (CGP) has more than one user and fluctuating shareholding or any change in ownership, shareholding, or consumption occurs, the principle of “Weighted Average” should be applied to determine the proportional electricity consumption of each user, in terms...

Article 226 | High Court Ought To Relegate Parties To Alternate Remedies When There Are Serious Factual Disputes: Supreme Court

A Division Bench of the Supreme Court, in its judgment dated October 13, 2023, opined that one of compelling reasons for relegating the writ petitioner to an alternative remedy may arise where there is a serious dispute between the parties on a question of fact and materials/evidence(s) available on record are insufficient/inconclusive to enable the Court to come to a definite...

De-sealing Of Properties In Delhi: Supreme Court Forms Committee Of Retired Judges To Hear Challenge To Monitoring Committee Orders

the the The Supreme Court has constituted a Judicial Committee with two retired judges to deal with the challenges to the orders passed by the Monitoring Committee in relation to sealing/desealing of properties in Delhi.The members of the Committee are : 1) Justice Pradeep Nandrajog, retired Chief Justice of the Bombay High Court and 2) Justice G.S. Sistani, retired Judge of the Delhi...