Same-Sex Marriage/Marriage Equality- Supreme Court Hearing- LIVE UPDATES - DAY 8

A Five Judge Bench of the Supreme Court Constitution Bench headed by CJI DY Chandrachud will continue the hearing on a batch of petitions on same sex marriage/marriage equality.Follow the Live Updates...

Supreme Court Quarterly Digest On Indian Penal Code 1960 [ Jan-Mar 2023]

Penal Code, 1860 - Constitutional Courts can impose fixed term sentence even in cases where death penalty was not proposed - "Even in a case where capital punishment is not imposed or is not proposed, the Constitutional Courts can always exercise the power of imposing a modified or fixed-term sentence by directing that a life sentence, as contemplated by “secondly” in Section 53 of the...

Supreme Court Weekly Round Up (1st May 2023-7th May 2023)

With another week gone by, Live Law is here with its Weekly Digest to provide the readers with a panoramic view of the Supreme Court's jurisprudence. Through this digest, we aim to promote transparency, accessibility, and informed discourse on the judiciary's role in upholding justice and safeguarding the rights of individuals. We believe in the power of knowledge and its ability to...

Dispute Between Defendants Regarding Validity Of Sale Deed Can’t Be Considered In Suit For Possession Instituted By Plaintiff: Supreme Court

The Supreme Court bench comprises Justices M.R. Shah and C.T. Ravikumar has ruled that an inter-se dispute on the validity of the sale deed executed between the defendants in respect of the suit land, cannot be considered in the suit for possession instituted by the plaintiff on the basis of a registered sale deed executed in its favour, as it would amount to adjudication of a right or a claim...

IBC| Principle Of Commercial Wisdom Not Validate A Decision Taken By CoC In Contravention Of Law : Supreme Court

The Supreme Court has held that the principle of ‘Commercial Wisdom’ of the Committee of Creditors (“CoC”) cannot brush aside the shortcomings of the CoC in cases where decision making was done in contravention to a law which is in force for the time being. The Bench comprising of Justice Dinesh Maheshwari and Justice Vikram Nath, while adjudicating an appeal filed in...

IBC| Ineligibility Of Resolution Applicant As Per S.164(2)(b) Companies Act Can't Be Presumed Unless Competent Authority Declares Disqualification: Supreme Court

The Supreme Court has held that a resolution applicant cannot be rendered ineligible to submit a resolution plan under the Insolvency and Bankruptcy Code, 2016 (“IBC”), by assuming his/her disqualification under Section 164(2)(b) of the Companies Act, 2013, unless a categorical order disqualifying him/her to act as a director of any company is passed by...

District Police Chief Can't Order Further Investigation Without Permission From Magistrate Or Higher Court: Supreme Court

The Supreme Court recently reiterated that the power to order further investigation rests with either with the concerned magistrate or with a higher court and not with an investigating agency.The division bench of Justice Krishna Murari and Justice Sanjay Karol observed:“The Chief Police Officer of a district is the Superintendent of Police who is an officer of the Indian Police...

‘Court Not To Sermonise On Morality’ : SC Allows Premature Release Of Woman Convicted For Killing Sons While Attempting Suicide

Noting at the appellant had already suffered at the cruel hands of fate, the Supreme Court of India recently set aside the order of the Tamil Nadu government rejecting a convict-mother’s prayer for premature release, who poisoned her two children. “Thus, this Court feels that there is no valid reason/justifiable ground for the State not accepting the recommendation of the State...

'Gives Arbitrary Powers To Police' : Supreme Court Upholds Quashing Of TN Decision To Constitute Anti-Land Grabbing Cell

Stating that the powers can be abused by police, the Supreme Court has upheld the decision of Madras High Court to set aside 2011 Tamil Nadu’s government order wherein it had constituted Land Grabbing Special Cells without defining land grabbing cases.The bench of Justice M.R Shah and Justice B.V Nagarathna said that, “In absence of any guidelines and/or definition as to which cases...

Supreme Court Quarterly Digest On Evidence Law [Jan – Mar, 2023]

Close RelativeTestimony of a close relative - A witness being a close relative is not a ground enough to reject his testimony. Mechanical rejection of an even “partisan” or “interested” witness may lead to failure of justice. The principle of “falsus in uno, falsus in omnibus” is not one of general application. (Para 17.4) Ravasaheb @ Ravasahebgouda v. State of Karnataka, 2023...

Election Petition Liable To Be Dismissed On Showing No Cause Of Action; Vague Allegations Not Material Facts : Supreme Court

The Supreme Court recently highlighted that mere bald and vague allegations without any basis would not constitute as “material facts” in an Election Petition. “Material facts” are facts which if established would give the petitioner the relief asked for. The material facts have to be pleaded by the Election petitioner in support of the case to show his cause of action and omission of...

Mere Broad-Basing Of Entries Under Central Excise Tariff Act, Cannot Justify Re-Classification, Without Change In Nature, Character Or Use Of The Product: Supreme Court

The Supreme Court has ruled that the classification of a product under the Central Excise Tariff Act, 1985, cannot be changed merely on the ground of change of tax structure or tariff entries, without showing a change in the nature and character of a product or a change in the use of the product(Commissioner of Customs, Central Excise and Service Tax, Hyderabad vs Ashwani Homeo...