'Trial Judge Shouldn't Be A Mute Spectator; Has Duty To Ask Crucial Questions' : Supreme Court While Setting Aside Conviction In Murder Case

The Supreme Court on Thursday set aside the conviction of a murder accused on the ground that the evidence of last seen on which the conviction was based, failed to make a complete chain of circumstantial evidence.While allowing the appeal, the Court also reminded trial judges of their duty to participate in the trial effectively to elicit truth, rather than watching the proceedings like a...

SARFAESI Auction Can't Be Stayed Just Because Sale Agreement Holder Offered To Pay Dues, When Borrower Hasn't Invoked S.13(8) : Supreme Court

The Supreme Court has held that a writ petition under Article 226 of the Constitution of India is not maintainable against action taken by Bank under Section 13(4) of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (“SARFAESI Act”), since an alternative statutory remedy exists under Section 17 of SARFAESI Act.The Bench comprising...

In 'Works Contract', Assessee Liable To Pay Service Tax On Service Element & Sales Tax On Goods Transferred : Supreme Court

The Supreme Court has ruled that the value of the service portion in the execution of the works contract has to be determined as per Rule 2A of Service Tax (Determination of Value) Rules, 2006, or as per the Works Contract (Composition Scheme for Payment of Service Tax) Rules, 2007 (Composition Scheme), if adopted by the assessee, and that the assessee has to pay service tax on the...

No Mining Activity Within ESZ Even If Eco-Sensitive Zone Is More Than 1 Km From Protected Forest : Supreme Court Clarifies

On 28th April, 2023, the Supreme Court clarified its order dated 26th April 2023, wherein it stated that its previous order mandating a 1 km Eco-Sensitive Zone (ESZ) around protected forests would not be applicable to the ESZs in respect of which a draft and final notification has been issued by the Ministry of Environment, Forest and Climate Change (MoEF & CC) and in respect of the...

Supreme Court Sets Aside Magistrate's Order Directing Police Investigation Into Allegation Of Rape Against BJP Leader Kailash Vijayvargiya

After almost 17 months since the verdict was reserved, the Supreme Court on Thursday set aside an order by a magistrate in Kolkata directing a police investigation into an allegation of rape and criminal intimidation against BJP national general secretary Kailash Vijayvargiya, RSS member Jisnu Basu and suspended BJP leader Pradeep Joshi. Besides quashing this order, the top court directed...

Recent Important Judgments On The Inherent Powers Of High Court Under Section 482 CrPC

“In the exercise of this wholesome power, the High Court is entitled to quash a proceeding if it comes to the conclusion that allowing the proceeding to continue would be an abuse of the process of the court or that the ends of justice require that the proceeding ought to be quashed. The saving of the High Court's inherent powers, both in civil and criminal matters, is designed to achieve...

Section 389 CrPC | Sentence Can Be Suspended In Appeal Only If Convict Has Fair Chances Of Acquittal : Supreme Court

The Supreme Court has held that in order to suspend the substantive order of sentence under Section 389 of the Criminal Procedure Code, there ought to be something apparent or gross on the face of the record, on the basis of which, the Court can arrive at a prima facie satisfaction that the conviction may not be sustainable. It also added that at the stage of Section 389 CrPC, the Appellant...

Section 140(5) Companies Act 2013 Is Constitutional; Resignation Of Auditor Won't End Proceedings Under Sec 140(5) : Supreme Court

The Supreme Court upheld the constitutional validity of Section 140(5) of the Companies Act, 2013 and held that that the provision is "neither discriminatory, arbitrary and/or violative of Articles 14, 19(1)(g) of the Constitution of India". The bench of Justices M R Shah and M M Sundresh further observed that the application/proceedings under section 140(5) is maintainable even after...

Supreme Court Sets Aside HC Direction To Increase Retirement Age Of Anganwadi Workers As 65 Years In Tripura

The Supreme Court recently set aside a judgment of the Tripura High Court which directed the State Government to raise the retirement age of Anganwadi workers from 60 years to 65 years.A bench comprising Justices Dinesh Maheshwari and Ahsanuddin Amanullah found fault with the High Court for issuing a mandamus to the State Government to change its policy regarding the retirement age of...

Can't Direct That 50% HC Judges Should Be From District Judiciary; But At Least 1/3rd Should Be From Judicial Services : Supreme Court

The Court further said that HCs should take steps to fill up vacancies in judicial quota before they arise, as the judges from service normally get short tenure.

Supreme Court Weekly Digest April 2023 (Citations 308 - 336) Part 3 [April 17 – 23, 2023]

SUBJECT WISE INDEXAdvocates StrikesThe Supreme Court requested all high courts to constitute grievance redressal committees comprising the chief justice and two other senior judges, one from the Bar and another from services to avert lawyers' strikes. District Bar Association Dehradun v. Ishwar Shandilya, 2023 LiveLaw (SC) 331ArbitrationSupreme Court deprecates practice of filing applications...

Supreme Court Directs To Send Sessions Judge For Training As He Was Not Following Judgments On Bail

While considering compliance of its directions in Satender Kumar Antil v. CBI, the Supreme Court, on Tuesday, from illustrative cases mentioned by the Amicus Curiae, Amicus Curiae Siddharth Luthra identified a Judge of a Sessions Court in Lucknow, who the bench felt that should be sent to the judicial academy for upgradation of his skill. It asked the Allahabad High Court to do the needful...