DBS Bank Directors Can't Be Prosecuted For Acts Of Lakshmi Vilas Bank Before Amalgamation : Supreme Court Quashes Criminal Case

The Supreme Court today ruled that DBS Bank and its directors, who were appointed after the amalgamation with Lakshmi Vilas Bank(LVB) and had their appointments approved by the Reserve Bank of India (RBI), cannot be held criminally liable for actions attributed to erstwhile directors of LVB.The Court held, “In the present context, public confidence in the banking system was at stake when...

It Is Duty Of Police To Produce Imprisoned Accused Before Court, Accused Can't Be Blamed For Police's Negligence : Supreme Court

The Supreme Court recently stated that when accused persons are in prison, it is the duty of the police to produce them before the trial court. If the police fail to produce them before the court, then the accused cannot be made to suffer due to such negligence of the police.A bench of Justices BR Gavai and Prashant Kumar Mishra made these observations while deciding a bail application...

Public Servants Lose Immunity In Pre-2014 Corruption Cases; Supreme Court Clarifies That Striking Down Of Sec 6A DSPE Act Has Retrospective Effect

In a significant development, a constitution bench of the Supreme Court on Monday declared that its 2014 judgment, which declared Section 6A of the Delhi Special Police Establishment Act 1946 as unconstitutional, will have retrospective effect. This means that Section 6A is held to not be in force right from the date of its insertion.Section 6A of the DSPE Act required the Central Bureau...

Recent Important Judgments On Service Law - Appointments, Pension, Disciplinary Proceedings

Appointment and RTI mattersSupreme CourtAppointment Can’t Be Denied Citing Suppression of Material Facts When Employer’s Query Was VagueThe Court in State of West Bengal v. Mitul Kumar Jana 2023 LiveLaw (SC) 714, while adjudicating upon the allegations of suppressing information related to a criminal case during the application process, held that “For determining suppression or...

Supreme Court Refuses To Hold Pharma Company Liable For Not Mentioning Adverse Reaction Of Vaccination, Says Doctor Should've Advised Patient

The Supreme Court has upheld an order of the National Consumer Disputes Redressal Commission (NCDRC) where the Commission had held that no case of deficiency of service or defect was made out against drug-manufacturer, Glaxo Smithkline Pharmaceuticals Ltd, in relation to administration of vaccine Engerix-B.It was the case of the complainant that he along with his family members had got...

Party Has Right To Address Final Arguments Before NCDRC Despite Not Filing Written Version : Supreme Court

A Division Bench of the Supreme Court set aside the decision of National Consumer Disputes Redressal Commission, New Delhi (NCDRC), while upholding the principles of natural justice. The Court opined that although the opposite party had not filed its written version and may not have participated in the proceedings before the NCDRC, it nevertheless had the right to address final arguments...

Supreme Court E-Committee Conducts Regional Digital Accessibility Training For Visually Challenged Court Staff

In a significant step towards enhancing digital accessibility within the Indian judicial system, the eCommittee, Supreme Court of India, initiated its Regional Digital Accessibility Training program for visually challenged court staff. The training took place at the Delhi Judicial Academy and welcomed participants from District and Taluk courts in the North Zone, encompassing Delhi,...

Mere Living In A Particular House Would Not Mean It Is Under Ownership Of Person Living There : Supreme Court

The Supreme Court, while affirming impugned judgment of the High Court, observed that "mere living in a particular house by itself would not mean that the said house is under ownership of the person living therein in his individual capacity or even that it is within the area of operation of the society". A Division Bench, comprising Justices Abhay S. Oka and Pankaj Mithal, was hearing the...

Employee Found Unsuitable For Job Can Be Dismissed Without Notice During Probationary Period : Supreme Court

The Supreme Court recently reiterated the distinction between simpliciter termination and punitive termination. This distinction is crucial since if the order of termination is punitive or stigmatic in nature, it becomes mandatory to conduct an inquiry following the procedure and an opportunity to be heard has to be given. Failure to do so may make such termination/discharge illegal and...

'State Assisted Accused, Failed To Prosecute Fairly': Supreme Court Directs Bihar Govt To Compensate Victims In 1995 Double Murder Case

Last week, the Supreme Court sentenced former Member of Parliament (MP) and Rashtriya Janata Dal (RJD) leader Prabhunath Singh to life imprisonment in the double murder case of 1995. While pronouncing the sentence, the Apex Court also directed compensation of Rupees 10 lakh each for both the deceased and Rs 5 lakhs each for the injured in the incident, to be paid by the Bihar Government and...

Fact Check: Did The Supreme Court Really Allow Advocates To Solemnize Marriages In Their Chambers?

Recently, several media reports have been doing the rounds stating that the Supreme Court has allowed advocates to solemnize marriages in their chambers under the Hindu Marriage Act 1955, overruling a Madras High Court judgment that held such marriages to be invalid. However, contrary to what several media reports claim, what the Apex Court actually held in its recent ruling was that...

Supreme Court Half Yearly Digest 2023 -Constitution Of India

Article 299 - No immunity from statute merely because a contract is entered in the President's name. Glock Asia-Pacific Ltd. v. Union of India, 2023 LiveLaw (SC) 459 : AIR 2023 SC 2777 : 2023 INSC 568The Writ Court cannot stop implementation of a statutory provision without holding it unconstitutional. Dhanraj v. Vikram Singh, 2023 LiveLaw (SC) 456Non-tribal person's right to settle down...