'Passport Authority Cannot Retain Passport Without Impounding' : Supreme Court Grants Relief To Husband In Matrimonial Dispute

The Supreme Court on Monday held that without impounding of the passport, the Passport Authority cannot unauthorizedly retain a passport handed over by the Police in the name of a pending criminal case. A division bench of Justice Abhay S Oka and Justice Rajesh Bindal was considering an appeal filed by a husband whose passport was handed over to the Passport Authority by the Police as he...

Settlement Between Employee Union & Employer Would Not Override Model Standing Orders Unless It Is More Beneficial To Employee : Supreme Court

The Supreme Court observed that any settlement between employee Union and the Employer would not override the Model Standing Order, unless it is more beneficial to the employees.The employer and workman cannot enter into a contract overriding the statutory contract embodied in the certified Standing Orders, the bench of Justices Abhay S. Oka and Sanjay Karol observed.In this case, the High...

Paradoxical That Right To Vote Isn't A Fundamental Right Though Democracy Is An Essential Feature Of Constitution : Supreme Court

It is a paradox that the right to vote is not a fundamental right, though democracy has been held to be one of the basic features of Constitution, said the Supreme Court in a recent judgment. The Court noted that right to vote has been termed as a "mere" statutory right."Democracy has been held to be a part of one of the essential features of the Constitution. Yet, somewhat paradoxically,...

Plea Bargaining In India Limited To Sentence Bargaining; Offence Bargaining Also Should Be Included, Suggests Supreme Court

The Supreme Court, on Tuesday, observed that countries like the United State of America that have incorporated plea bargaining successfully have encompassed both sentence bargaining and offence bargaining, while the scope of plea bargaining is limited in the Indian context as the criminal justice system here has only incorporated 'sentence bargaining'. A Bench comprising Justice SK Kaul...

Bail Conditions Imposed By Courts Must Be Realistic Considering Socio-Economic Background Of Accused : Supreme Court

The Supreme Court, on Tuesday, indicated that courts should impose realistic conditions of bail considering the economic and social position of the undertrial prisons or else the act of grant of bail does not subserve its purpose. A Bench comprising Justice SK Kaul and Justice Sudhanshu Dhulia observed the same while hearing a suo moto writ petition instituted for the purposes of issuing...

Substantial Questions Of Law Not Required To Be Formulated In Second Appeals Arising Out Of States Of Punjab & Haryana : Supreme Court

The Supreme Court observed, that in second appeals arising out of the state of Punjab or the State of Haryana, courts are not required to frame substantial questions of law as per section 100 of the Code of Civil Procedure.The bench of Justices Abhay S. Oka and Sanjay Karol observed that the restraint in interfering with questions of fact under the jurisdiction of...

Voter Has Right To Know Full Background Of Candidate; Right To Vote Based On Informed Choice Crucial To Democracy : Supreme Court

The Supreme Court on Monday observed that democracy being an essential feature of the Constitution and the right to vote being a statutory right, the voter has the right to know about the full background of a candidate.“The elector or voter’s right to know about the full background of a candidate- evolved through court decisions- is an added dimension to the rich tapestry of...

Special Effects & 3D Conversion Services Are Not ‘Video-Tape Production’ Services Under S. 65(120) Of Finance Act, 1994: Supreme Court

The Supreme Court has upheld the order of the Customs, Excise and Service Tax Appellate Tribunal (CESTAT) that the 3D conversion services provided by the assessee, including services such as ‘imparting special effects’, ‘post production service’, ‘digital asset management and content service’ and ‘digital restoration service’, will not fall under the ambit of...

'Bail Orders Must Be Backed By Reasons Considering Vital Aspects': Supreme Court Sets Aside 'Casual & Cryptical' HC Order

The Supreme court recently held that vital aspects of the case must be considered while deciding bail applications. The nature of the crime, criminal history of the accused and the nature of punishment involved must also be weighed in by the courts. The court pressed for reasoned orders to be passed while exercising discretion in granting bail.The Supreme Court bench comprising Justices...

Supreme Court Weekly Round-Up : July 17-23, 2023

IBC Overrides Electricity Act; Dues To Secured Creditors At Higher Footing Than Electricity Dues: Supreme CourtCase details: Paschimanchal Vidyut Vitran Nigam Ltd vs Raman Ispat Private LimitedCitation: 2023 LiveLaw (SC) 534The Supreme Court observed that Section 238 of the Insolvency and Bankruptcy Code overrides the provisions of the Electricity Act, 2003.The provisions of the IBC treat...

Supreme Court Weekly Digest With Nominal And Subject/Statute Wise Index [July 1 – 9, 2023]

SUBJECT WISE INDEXBailAnticipatory Bail - Personal liberty is important, but courts must also consider the gravity of offence & impact on society. Pratibha Manchanda v. State of Haryana, 2023 LiveLaw (SC) 514Central ExciseSelf-assessment of assessee not rendered malafide merely because it was based on a CETSTAT view which was later overturned. Commissioner, Central Excise and Customs...

Modality Proposed By Calcutta HC To CBI For Filing Appeals Not A Mandate : Supreme Court

The Supreme Court held that the judgment of the Calcutta High Court, which proposed a mechanism for filing of appeals before the HC against acquittals in CBI cases, should not be treated as a mandate.The High Court, in its order passed on June 8, 2022, had suggested that against an order of acquittal, the Zonal Head should obtain a comments of the Prosecutor and the Assistant Solicitor...