Supreme court
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...
LIC Not Entitled To Levy Fee For Endorsing Transfer Or Assignment Of A Policy: Supreme Court
The Supreme Court on Wednesday held that the Life Insurance Corporation (LIC) is not entitled to levy a service charge or fee for endorsing the assignment or transfer of a policy.The Apex Court was considering the legality of a circular dated 24th April 2006 issued by LIC that imposed a registration charge of Rs.250 per assignment of policy. The Bombay High Court had struck down this circular...
BSF Act | Even If Officer Pleads Guilty Of Misconduct, Court Has To Satisfy That Confession Is Voluntary : Supreme Court
The Supreme Court raised serious doubts regarding a conviction based on a guilty plea in a case involving allegations against a Border Security Force (BSF) constable(respondent) of clicking photographs of a lady doctor while she was bathing. The Court highlighted several critical factors that raised concerns about the credibility of the confession, including the absence of an eye-witness,...
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...