Magistrate Can Direct Collection Of Voice Samples Of Accused : Supreme Court Reiterates

Upholding the Gujarat High Court order to refuse interference in the order of the session judge directing the accused to give a voice sample to the police, the Supreme Court recently said that a Magistrate has the power to order the collection of a voice sample for the purpose of investigation.Relying on Ritesh Sinha v. State of Uttar Pradesh, the bench of Justice Hrishikesh Roy and...

Accused Can Be Discharged Only If No Case Is Made Out Even After Presuming Entire Prosecution Evidence To Be True : Supreme Court

“Truthfulness, sufficiency and acceptability of the material produced can be done only at the stage of trial"

'Numerous Lapses In Investigation' : Supreme Court Frees Man Awarded Death Penalty In Case For Rape & Murder Of 6 Year Old Girl

The Supreme Court recently set aside the death sentence and life imprisonment imposed on a convict under Section 302 and 376 of IPC for allegedly raping and killing a six year old minor girl, on the ground that there were yawning gaps in the chain of circumstances establishing to the guilt of the accused and there were several irregularities and illegalities on the part of the agencies...

Civil Judges' Appointment | Supreme Court Takes Divergent View On Granting Relief To Candidates Who Submitted Category Certificates After Cut-Off Date

While Justice Ajay Rastogi opined that the candidates were entitled to relief, Justice Bela Trivedi disagreed.

Article 299 | No Immunity From Statute Merely Because Contract Is Entered In President's Name : Supreme Court

The Supreme Court, while adjudicating an application for appointment of arbitrator, has held that a contract entered into in the name of the President of India, does not create an immunity against the application of any statutory prescription imposing conditions on parties to an agreement, when the Government chooses to enter into a contract.“We are unable to trace any immunity arising out...

Increase In Salary Of High Court Judges Must Reflect In Same Proportion To District Judges : Supreme Court

The Supreme Court, in its judgement accepting various recommendations of the Second National Judicial Pay Commission (SNJPC) on pay, pension, gratuity, age of retirement etc. of judicial officers, remarked that the functions of District judges were essentially the same as High Court judges. Hence, the increase in the salary of the High Court judges should reflect in the pay scale of...

Supreme Court Quarterly Digest On Environmental Law [Jan - March, 2023]

Environmental LawAppeal maintainable before NGT against corrigendum imposing additional conditions to environmental clearance. IL&FS Tamil Nadu Power Company Ltd. v. T. Muruganandam, 2023 LiveLaw (SC) 192Chandigarh Master Plan - Supreme Court prohibits conversion of independent residential units as apartments in Chandigarh Phase 1 to preserve the heritage status of 'Corbusier'...

Conducting Survey Is Prerequisite Before Declaring Property As Wakf: Supreme Court

While dismissing the appeal seeking recognition of the land as wakf property,the Supreme Court observed that conducting the survey under Section 4 of the Wakf Act,1954 before declaring a property as “wakf property” is a sine qua non.The bench of Justice Pankaj Mithal and Justice V.Ramasubramanian said, “In the absence of such a material( survey conducted under Section 4), the mere...

Writ Court Cannot Stop Implementation Of A Statutory Provision Without Holding It Unconstitutional: Supreme Court

The Supreme Court of India recently said that in the absence of specific pleadings, a writ court can't get into the issues of repugnancy or lack of legislative competence. It added that unless the statutory provision is declared unconstitutional, its implementation cannot be stopped.“We are of the view that in absence of any specific challenge to the validity of the statutory provisions,...

No Service Tax Applicable on User Development Fee collected From Passengers by Delhi, Mumbai and Hyderabad International Airports: Supreme Court

The Supreme Court has ruled that “user development fee” (UDF) levied and collected by the airport operation, maintenance, and development entities from passengers departing the concerned airports, is a statutory levy, and thus, it is not subjected to levy of service tax under the provisions of the Finance Act, 1994.The bench comprising Justices S. Ravindra Bhat and Dipankar Datta were...

No Adverse Observations Against Judicial Officers Without Due Opportunity: Supreme Court Reiterates

The Supreme Court on Friday reiterated that orders making adverse observations with regard to the manner in which a judicial officer has exercised discretion in any matter should not be made without opportunity to the person concerned whose career and esteem will be affected. The bench of Justices A. S. Bopanna and Pankaj Mithal was hearing an appeal by an Additional District and Sessions...

Supreme Court Weekly Digest (15 May 2023- 21 May 2023)

Welcome to Live Law's Supreme Court Weekly Digest, your comprehensive source for the latest updates and significant developments in the realm of Indian jurisprudence. In this week's edition, we delve into several crucial cases and legal proceedings that have shaped the legal landscape. Amongst the notable proceedings this week was the Supreme Court's decision to uphold West Bengal's ban on...