Preventive Detention Laws Are Exceptional Measures, Not To Be Invoked When Ordinary Criminal Law Provides Remedies : Supreme Court

The Supreme Court has stated that that preventive detention laws are an 'exceptional measure reserved for tackling emergent situations' and must not be used as a tool for enforcing 'law and order'. The Court strongly condemned the growing trend in the state of Telangana of passing orders of preventive detention at the ‘drop of a hat’ without consideration of the liberty and...

SLP Cannot Be Filed To Challenge An Order Passed By High Court On Administrative Side: Supreme Court

The Supreme Court observed that a special leave petition challenging an order passed by High Court on the administrative side.In this case, the petitioner assailed the administrative order passed by the Chief Justice of the High Court of Telangana which rejected his plea to implement the directions of the CJI for online hearing and permit him to file contempt petition/other petition online and...

Courts Must Interfere In Election Process If There's Unjust Executive Action Or Attempt To Disturb Level Playing Field : Supreme Court

The Supreme Court recently held that as a general rule, the courts do not interfere in election matters. However, the court clarified that this principle is not absolute. It recognized that there are circumstances where executive actions or attempts to disrupt a fair electoral playing field may emerge. In such cases, the Constitutional Courts are not only permitted but also duty-bound to step...

Legislature Can't Directly Overrule Judgment, But Law Can Be Made To Alter Basis Of Court Verdict : Supreme Court

The Supreme Court has ruled that it is permissible for the legislature to remove a defect in an earlier legislation, as pointed out by a constitutional court in exercise of its powers of judicial review. The court said the defect can be removed both prospectively and retrospectively by a legislative process and previous actions can also be validated. “However, where a legislature merely...

Plea In Supreme Court Seeks FIR Against DMK Leaders Udhayanidhi Stalin and A Raja For Remarks Against 'Sanatana Dharma'

An application has been filed in the Supreme Court seeking registration of an FIR against Tamil Nadu Minister and DMK leader Udhayanidhi Stalin for his recent statements made against 'Sanatana Dharma'. The plea also seeks contempt action against the Delhi Police and Chennai Police for not complying with the Supreme Court's direction to register suo motu FIR in hate speech cases. The plea...

Consumer Protection Act | If Commercial Use Is By Purchasers Themselves For Earning Livelihood By Self-Employment, They'll Be 'Consumers' : Supreme Court

The Supreme Court has ruled that a person buying goods either for resale or for use in large-scale profit-making activity, will not be a ‘consumer’ entitled to protection of the Consumer Protection Act, 1986. However, if the commercial use is by the purchasers themselves for the purpose of earning their livelihood by means of self-employment, such purchasers of goods would continue to...

What Is Cruelty For A Woman May Not Be Cruelty For A Man, More Broad Approach Needed When Wife Seeks Divorce : Supreme Court

While allowing a petition filed by an estranged wife seeking divorce, the Supreme Court on Wednesday (06.09.2023) said that the word ‘cruelty’ under Section 13(1)(ia) of the Hindu Marriage Act Act gives wide discretion to Courts ‘to apply it liberally and contextually’. While interpreting the meaning of cruelty, the Court said that what is cruelty for a person, may not be cruelty...

Last Seen Theory Can Be Invoked Only If It Stands Proved Beyond Reasonable Doubt : Supreme Court Acquits Murder Accused

The Supreme Court observed that the ‘last seen’ theory can be invoked only when the same stands proved beyond reasonable doubt."The burden on the accused would kick in, only when the last seen theory is established. In the instant case, that itself is in doubt.", the bench comprising of Justices said while acquitting the accused in a murder case. In this case, the accused was acquitted by...

High Courts Cannot Refuse To Follow SC Judgment On Ground Of Review/Reference Pending Against It; In Case Of Conflicting Judgments, Follow Earlier One : Supreme Court

The Supreme Court has clarified that the High Courts cannot refuse to follow its binding judgment on the ground that a reference has been made against it to the larger bench or a review is pending against it.It observed, “We are seeing before us judgments and orders by High Courts not deciding cases on the ground that the leading judgment of this Court on this subject is either referred to...

IBC - Liquidator Can't Cancel Valid Auction On Mere Expectation Of Fetching Higher Price; No Unfettered Discretion : Supreme Court

The Supreme Court on Wednesday held that even though the highest bidder in an auction sale under the Insolvency and Bankruptcy Code 2016 has no indefeasible right to demand acceptance of his bid, the liquidator, if such a bid is rejected must furnish reasons for the same in the rejection order. A division bench of Justice B V Nagarathna and Justice Ujjal Bhuyan held that the mere expectation...

Supreme Court Half Yearly Digest 2023 [Code of Criminal Procedure, 1973]

Code of Criminal Procedure, 1973 - Difference in the power of Police to register and investigate an FIR under Section 154(1) read with 157 of the Code, and the Magistrate’s direction to register an FIR under Section 156(3) of the Code. Power of the Magistrate to direct registration of an FIR under Section 156(3) in contrast with post-cognizance stage power under Section 202 of the Code...

Cheque Bounce Case Can Be Quashed U/S 482 Only If Amount Is Patently Non-Recoverable; Whether Debt Time-Barred Or Not Is A Question Of Evidence :SC

The Supreme Court observed that the question whether a cheque was issued towards a time barred debt is to be decided on evidence."It is only in cases wherein an amount which is out and out non-recoverable, towards which a cheque is issued, dishonoured and for recovery of which a criminal action is initiated, the question of threshold jurisdiction will arise. In such cases, the Court...