Supreme Court To Host 18th Meeting Of Chief Justices Of SCO Member States From March 10 to 12

The Supreme Court of India will host the 18th meeting of the Chief Justices of the Member States of Shanghai Cooperation Organisation (SCO) from March 10 to March 12, 2023 with a view to develop judicial cooperation among Member States.Chief Justices / Chairpersons of the Supreme Courts of SCO Member States have been invited to attend the meeting. The Indian participation in the meeting...

Supreme Court Grants Relief To ITAT Member Whose Appointment Was Delayed For Not Filing Income Tax Returns

The Supreme Court recently allowed a member of the Income Tax Appellate Tribunal to continue in the post till the age of 62 years as per the provisions of the Income Tax Act 1961. Although she had applied in pursuance of a notification issued in 2013, she was given appointment only in 2018, as there was a dispute regarding non-filing of income tax returns by her with respect to the...

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

Q.1 What is a confession ?Ans. A confession is an admission of the offence by the accused. An admission is a statement, oral or documentary which enables the Court to draw an inference as to any fact in issue or relevant fact. There is a clear distinction between “admission” and “confession”. The term “admission” is of wider connotation and can be used to include a confession....

Petition Under Article 32 To Challenge A Binding Judgment Not Maintainable : Supreme Court

The Supreme Court has held that a petition filed under Article 32 to challenge a binding judgment passed by the Court is not maintainable.A bench led by Chief Justice of India DY Chandrachud made this observation while dismissing a petition which sought to declare that the judgment in Indore Development Authority vs. Manoharlal was not a good law and overrule it and the subsequent judgments...

Compassionate Appointment : Supreme Court Summarises Principles

The Supreme Court, recently, held that since compassionate appointment is not a vested right. A claim for compassionate appointment by the dependent of the deceased employee may not be entertained after a lapse of a considerable period since the death. The Court opined - “...the operation of a policy/scheme for compassionate appointment is founded on considerations of immediacy. A sense...

Collector Is Competent Authority To Cancel Lease Deed Under Rule 51(7) OMMC Rules: Supreme Court

The Supreme Court has held that the Collector is a competent authority under Rule 51(7) of the Orissa Minor Mineral Concession Rules, 2016 to cancel a lease deed for non production of solvency certificate. The Court reversed an order of the Orissa High Court which held that Tahsildar is the competent authority to cancel a lease deed under Rule 51(7).A Bench comprising Justice MR Shah and...

Reliance Home Finance Insolvency : Supreme Court Allows Debenture Holders To Be Covered Under Resolution Plan Of Authum Investments

In relation to the insolvency of Reliance Home Finance Ltd (RHFL), the Supreme Court recently allowed the resolution plan proposed by Authum Investments and Infrastructure Ltd(AIIL), a non-banking finance company, to cover the debenture holders of RHFL. However, the plan will not cover dissenting debenture holders.A bench comprising Justices BR Gavai and Aravind Kumar further directed that...

Section 313 CrPC : Supreme Court Summarises 10 Well-Settled Principles

Recently, the Supreme Court briefly summarised the settled principles with respect to Section 313 Code of Criminal Procedure, 1973. The provision deals with the power to examine the accused. The Trial Court is vested with the power to put questions to the accused at any stage of the trial to enable them to explain any circumstances appearing in evidence against him. It is the duty of the Court...

Supreme Court Monthly Round Up - February 2023

From the ongoing Shiv Sena dispute to the Adani-Hindenburg matter and the contentious PILs concerning religious conversion – February 2023 has been a month filled with significant legal events in the Supreme Court of India. With the legal world buzzing with activity, Live Law understand that it can be challenging to keep a track of all legal developments, which is why we are here to help....

Section 319 CrPC Power Is To Be Exercised Only If Strong & Cogent Evidence Occurs Against A Person : Supreme Court

The Supreme Court reiterated the though exercise of jurisdiction under Section 319 of the Code of Criminal Procedure is discretionary, it ought to be done only where strong and cogent evidence occurs against a person from the evidence before the Court.While dismissing an application under Section 319 Cr.P.C. filed by a complainant for summoning of the appellant as an additional accused, a...

Extra-Judicial Confession Is A Weak Piece Of Evidence, Independent Corroboration Needed: Supreme Court

Reiterating that it is a weak piece of evidence, the Supreme Court of India recently observed that the credibility of an extra-judicial confession decreases when the surrounding circumstances are doubtful.A Bench of Justices BR Gavai and Sanjay Karol said that Courts would generally look for an independent reliable corroboration before placing any reliance upon an extra-judicial...

SCBA To Convene General Body Meeting To Consider Resolutions Against Senior Advocates Kapil Sibal & Neeraj Kishan Kaul

A section of the Supreme Court Bar Association has expressed unhappiness at Senior Advocates Kapil Sibal and Neeraj Kishan Kaul for apologising to the Chief Justice of India on behalf of the bar over the remarks made by SCBA President Vikas Singh. 235 SCBA members have proposed a resolution seeking action against the senior lawyers for tendering apology "without knowing the issue and...