10 Factors To Be Considered By Courts To Decide Legality Of Preventive Detention : Supreme Court Explains

The Supreme Court on Monday while strongly condemning 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 freedom guaranteed to people under the Constitution of India, laid down guidelines to be followed by courts while considering the legality of orders of preventive detention. A division...

Section 162 CrPC Does Not Prevent A Trial Court From Putting Questions To Witnesses Suo Motu To Contradict Them : Supreme Court

The Supreme Court observed that Section 162 CrPC does not affect a Court's power to look into documents or put questions to witnesses suo motu to contradict them. "There is in our opinion nothing in Section 162 of the CrPC which prevents a Trial Judge from looking into the papers of the chargesheet suo motu and himself using the statement of a person examined by the police recorded therein...

Statutory Provision Can't Be Declared Ultra Vires Without A Specific Challenge In Pleadings : Supreme Court

The Supreme Court reiterated that to strike down the provisions of a law or to declare certain rules as ultra vires, there must be a specific pleading and a request for such a relief in the case. The Court observed, “It is a trite law that for striking down the provisions of law or for declaring any rules as ultra vires, specific pleading to challenge the rules and asking of such relief...

Supreme Court Weekly Round-Up: Aug 28- 3rd Sept

Judgment/OrdersMotor Accident Claims - Social Status Of Deceased To Be Considered If There's No Definite Proof Of Income: Supreme CourtCase title: Kubrabibi v. Oriental InsuranceCitation: 2023 LiveLaw (SC) 697In its judgment, the Supreme Court highlighted that when dealing with cases involving individuals employed in the unorganized sector, it is crucial to consider the notional income based...

'Preventive Detention Law Can't Be Invoked At The 'Drop Of A Hat'; Some Police Officers Curbing Liberty' : Supreme Court Slams Telangana Police

The Supreme Court on Monday 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 freedom guaranteed to people under the Constitution of India.A division bench of Justice Surya Kant and Justice Dipankar Datta reminded the authorities of the state of Telangana that the drastic...

Supreme Court Weekly Digest With Nominal And Subject/Statute Wise Index-(Citations 584 - 608) [August 1 – 6, 2023]

SUBJECT WISE INDEXAdvocateThe Supreme Court vacated a stay order in a 16-year-old criminal appeal as it pulled up the appellant-lawyer for seeking repeated adjournments. Gulshan Bajwa v. Registrar, High Court of Delhi, 2023 LiveLaw (SC) 608Litigants should not be made to suffer because of the advocate's fault in withdrawing a complaint by mistake. Ashok Kumar v. New India Assurance Co. Ltd.,...

Supreme Court Monthly Roundup- August 2023

Judgments/OrdersUAPA - 'Watali' Precedent Won't Apply If Evidence Is Of Low Probative Value On Surface Level Analysis: Supreme CourtCase title: Vernon v. State of MaharashtraCitation: 2023 LiveLaw (SC) 575The Supreme Court’s decision to grant bail to Bhima Koregaon-accused and activists Vernon Gonsalves and Arun Ferreira appears to have carved out a crucial exception in an otherwise...

Supreme Court Upholds Disciplinary Action Against Advocate Who Was Running Taxi Service

The Supreme Court recently upheld the disciplinary action taken by the Bar Council of India(BCI) against an advocate who was running a taxi service. The advocate was barred from practice for one year due to his professional misconduct.The bench comprising Justices Abhay S. Oka and Justice Pankaj Mithal was hearing an appeal filed by an advocate against the BCI’s decision to bar him...

Section 311 CrPC | Power To Recall Witness Must Be Invoked When It Is Essential For Just Decision : Supreme Court

The Supreme Court recently allowed an application filed by a witness under Section 311 of the Code of Criminal Procedure seeking to call him again for examination. The Court allowed the plea taking note of the fact that in his initial deposition, there was no occasion for him to bring on certain facts, which became relevant after the examination of the expert witness. The Court quoted a...

Motor Accident Claims - Social Status Of Deceased To Be Considered If There's No Definite Proof Of Income: Supreme Court

The Supreme Court has reinstated an award originally granted by the Motor Accidents Claim Tribunal (MACT). The apex court expressed disappointment over the approach taken by the High Court in evaluating the evidence and reinstated the MACT's verdict.The Court observed “It is unfortunate that in a case of the present nature, the High Court while assessing the evidence available on record,...

Advocate Acting As Real Estate Agent & Selling Client's Property Amounts To Misconduct : Supreme Court Upholds BCI Penalty

The Supreme Court recently upheld a decision of the Bar Council of India to suspend an advocate for 5 years for gross professional misconduct after it was revealed that he had acquired a General Power of Attorney from his own client in a property-related case and subsequently sold the property.The bench comprising Justices Abhay S. Oka and Justice Pankaj Mithal was hearing an appeal from...

Hindu Succession Act | To Decide Shares Of Heirs, First Step Is To Ascertain Share Of Deceased In Coparcenary Property On Date Of Death : Supreme Court

Tried and tested many times over, the issue of succession to Mitakshara coparcenary property continues to raise its head time and again like an undying Hydra of Lerna, the Supreme Court remarked while disposing a civil appeal(1 September 2023).In this case, a partition suit was filed in the year 1991 and the same was decreed by the Trial Court in the year 1996. The First Appellate Court...