Supreme Court Weekly Round-Up (27th March 2023-2nd April 2023)

Judgements/OrdersBanks Must Give Opportunity Of Hearing To Borrowers Before Classifying Their Accounts As Fraud : Supreme CourtCase Title : State Bank of India vs Rajesh Agarwal and connected casesCitation : 2023 LiveLaw (SC) 243In a significant verdict, the Supreme Court held that borrowers must be heard before their accounts are classified as fraud. The Court held that the principles of...

For Res Judicata To Apply, Previous Suit Should Have Been Decided On Merits : Supreme Court Explains Principles

In a notable judgment explaining the principles of res judiciata, the Supreme Court has held that an order closing the proceedings in a case cannot be construed as a final decision on merits so as to bar a subsequent suit.Accordingly, the Court set aside a judgment and decree of the Delhi High Court which rejected the plaint of an Eviction Petition for being in violation of the principles of...

BREAKING: Surat Sessions Court Grants Bail To Rahul Gandhi, Next Hearing On April 13

The Surat Sessions Court today granted bail (till disposal of his appeal) to Rahul Gandhi in the defamation case over his remark “why all thieves share the Modi surname” made during a political campaign in Karol in April 2019. The case will be heard next on April 13. Gandhi's Conviction has not been stayed by the Court today, however, a notice has been issued to the complainant (Purnesh...

BREAKING: Rahul Gandhi Files Appeal In Surat Sessions Court Challenging Conviction In 'Modi Surname' Defamation Case

Congress leader Rahul Gandhi has moved an appeal in the Surat Sessions Court challenging his conviction in the defamation case over his remark “why all thieves share the Modi surname” made during a political campaign in Karol in April 2019.The appeal has been accompanied by two applications, the first being application for Suspension of Sentence, and the second being, an application...

Union Govt The Appropriate Party To Respond To Plea Seeking 5 Year Bar On Legislators Violating Anti-Defection Law : ECI Tells Supreme Court

Recently, the Election Commission of India (ECI) filed its response before the Supreme Court in a plea seeking disqualification of Members of Legislative Assembly and Parliament from standing for election for five years upon having violated Article 191(1)(e) and Tenth Schedule of the Constitution of India. The ECI submitted that the issue involved in the petition relates to interpretation...

“Confession” And “Statement” Under Section 164 CrPC- Questions & Answers By Justice V. Ramkumar [Part-III]

Q.11 Should the Magistrate allow any time for reflection to the accused before recording his confession under Section 164 Cr.P.C. ? Ans. Yes. Before an accused is asked to make his confession the Magistrates ordinarily allow a period for reflection and remand him to jail custody so as to put him out of the reach of the investigating officer. (Vide Aher Raja Khima v. State of...

Revised Scheme For Engaging Law Clerks In Supreme Court Increases Law Clerks' Remuneration To Rs. 80,000/- Per Month

The scheme for engaging Law Clerk-cum-Research Associates on a short-term contractual assignment in the Supreme Court of India has been revised. As per the revised scheme, Law Clerks will now be paid a consolidated remuneration of Rs. 80,000/- per month for the assignment term. There will be no other allowances or perquisites attached to the term. However, if a Law Clerk is given an...

Supreme Court Weekly Digest With Nominal And Subject/Statue Wise Index (Citations 181 - 210) Part 3 [March 13 – 19, 2023]

SUBJECT WISE INDEXBailEnsure basic essentials such as FIR number, police station are recorded in bail orders: Supreme Court to all High Courts. Ravish Kumar v. State of Bihar, 2023 LiveLaw (SC) 206'Bail can be cancelled if serious offences are subsequently added to FIR': Supreme Court sets aside bail in 'casting couch' case. Ms. X v. State of Maharashtra, 2023 LiveLaw (SC) 205Bhopal...

Suggestions Made By Defence Counsel To Witnesses In Cross Examination If Incriminating Binds Accused: Supreme Court

In a recent case, the Supreme Court held that the suggestion made by the defence counsel to a witness in the cross-examination, if found to be incriminating, would definitely bind the accused. And, the accused can’t get away stating that his counsel had no implied authority to make suggestions in the nature of admissions against his client.This pertinent aspect in Trial was explained by a...

"Marriage Of Opposite Sexes Central To Indian Legal Regime": Jamiat Ulama-i-Hind Opposes Pleas In SC Seeking Recognition For Same-Sex Marriages

Jamiat Ulama-i-Hind, acting through Maulana Mahmood Madani, who has served as a Member of Parliament, has sought intervention in the matter pertaining to the legal recognition for same-sex marriage in India. While opposing the petitions seeking to fit in same sex marriage in the prevailing legal regime of India, Jamiat Ulama-i-Hind has argued that as a legal institution, marriage between...

“Law Of Wills”- Questions & Answers By Justice V Ramkumar [Part-I]

A. SOME GENERAL PRINCIPLES REGARDING “WILLS” Q.1 What is the meaning of “Will”, as generally understood ? Ans. A “will” is usually referred to in combination with a “testament” or a “testamentum” to be known as a “Will and Testament”. It is an instrument made in contemplation of death. A “will” is a testamentary disposition of...

Supreme Court Weekly Digest With Nominal And Subject/Statute Wise Index(Citations 164 - 180) Part 2 [March 6 – 12, 2023]

SUBJECT WISE INDEXAuctionPossession of license to do business in shop does not entitle party to allotment of auction platform as matter of right. Gurjit Singh v. Union Territory, 2023 LiveLaw (SC) 180ConstitutionPetition under article 32 to challenge a binding judgment not maintainable. Vijayalakshmi Jha v. Union of India, 2023 LiveLaw (SC) 179ContemptCourts should not summon the appearance...