Supreme court
'Not Everything Said In A Judgment Constitutes A Precedent' : Supreme Court Explains Distinction Between Obiter Dicta & Ratio Decidendi
In an order passed recently, the Supreme Court briefly explained the distinction between obiter dicta and ratio decidendi in a judgment."It is not everything said by a Judge when giving judgment that constitutes a precedent. The only thing in a Judge's decision binding as a legal precedent is the principle upon which the case is decided and, for this reason, it is important to analyse a...
Supreme Court Dismisses Plea Challenging Rule Permitting Disposal Of Review Petitions Without Oral Arguments
The Supreme Court dismissed a petition challenging the provisions of Rule 3 of Order XLVII of the Supreme Court Rules 2013 which provides for disposal of review petitions by circulation without any oral arguments.The decision of this Court in P N Eswara Iyer v Supreme Court of India does not warrant any reconsideration, the bench of CJI DY Chandrachud and Justice P S Narasimha observed.In P...
Section 16 Carriage By Road Act Applicable To Suit/ Legal proceedings In Connection With Loss/Damage To Consignment Alone : Supreme Court
The Supreme Court observed that Section 16 of Carriage by Road Act, 2007, is applicable only where the claim is for any loss of, or damage to, the consignment and not in respect of any other claim of loss or damage.The provision of Section 16 of the new Act does not come into play vis-Ã -vis the condition of giving a notice in respect of claims for damages for the loss of reputation,...
In Matters Pertaining To Citizens' Liberty, Courts Should Act Promptly; Avoid Detailed Deliberation Of Evidence In Bail Pleas : Supreme Court
Inordinate delay in passing an order pertaining to liberty of a citizen is not in tune with the constitutional mandate, the Supreme Court observed in an order allowing anticipatory bail plea.In this case, the High Court had rejected the anticipatory bail application filed by the accused. The Supreme Court, granted him ad interim protection observing that (i) it was a cross case arising out...
Supreme Court To Hear Plea Against Demolition Drive In Tughlakabad Area Tomorrow
The Supreme Court on Monday refused to stay the demolition drive to remove encroachment from Tughlakabad area in South Delhi. The Bench comprising Justice Sanjiv Khanna and Justice MM Sundresh sought the response of the Central Government, Archaeological Survey of India (ASI) and the Delhi Development Authority (DDA). The Bench has listed the matter for further consideration tomorrow. "Let...
Don't Seek Extension Of Time For Investigation At Last Moment, Accused Will Get Right To Default Bail : Supreme Court To NIA, Police
The Supreme Court cautioned the Investigating agencies against filing of applications seeking extension of time for completing the investigation at the last moment.A bench comprising Chief Justice of India DY Chandrachud and Justice JB Pardiwala made this observation after noting that the Punjab Police(investigation later taken over by the NIA) had filed an application seeking to extend the...
Home Secretary Cannot Order Further Investigation Or Reinvestigation Of Case By Another Agency : Supreme Court
The Supreme Court recently held that Section 173(3) read with Section 158 of CrPC does not permit the Secretary (Home) to order for further investigation or reinvestigation by another agency, other than the officer in charge of the concerned Police Station and/or his superior officer.The division bench of Justice M.R. Shah and Justice C.T. Ravikumar observed:“….as it is a case...
How To Decide If A Marriage Has Irretrievably Broken Down? Supreme Court Indicates Factors
In a significant judgment, the Supreme Court has held that it can dissolve marriages on the ground of 'irretrievable breakdown of marriage', by invoking the powers under Article 142 of the Constitution, as per which the Supreme Court can issue extraordinary directions to do "complete justice".It may be noted that "irretrievable breakdown of marriage" is not a statutorily recognised ground...
Parties Cannot Directly Approach Supreme Court Under Article 32 Seeking Divorce On Ground Of Irretrievable Breakdown Of Marriage : SC
While holding that irretrievable breakdown of marriage can be a ground to grant divorce by invoking powers under Article 142 of the Constitution, the Supreme Court clarified that a party cannot file a writ petition under Article 32 of the Constitution of India and seek relief of dissolution of marriage on the ground of irretrievable breakdown of marriage directly from it.The Constitution...
Waiting Period For Mutual Consent Divorce As Per S.13B(2) Of Hindu Marriage Act Can Be Waived Invoking Article 142 : Supreme Court
A Constitution Bench of the Supreme Court has held that it can invoke the special powers under Article 142 of the Constitution of India to waive the waiting period of 6 to 8 months prescribed for seeking divorce through mutual consent as per Section 13-B of the Hindu Marriage Act 1955.The 5-judge bench comprising Justices Sanjay Kishan Kaul, Sanjiv Khanna, AS Oka, Vikram Nath and JK...
Supreme Court Grants Notional Seniority To Private Secretaries At Delhi High Court Whose Marks Increased Post Re-evaluation Of Answer Sheets
Recently, the Supreme Court granted notional seniority to Private Secretaries at the Delhi High Court, who had applied against 27 vacant posts in 2016, on the basis of a revised merit list upon increase of marks on re-evaluation of their answer sheets.A Bench comprising Justice MR Shah and Justice Sanjay Karol set aside the order of the Delhi High Court which quashed the revised merit...