Bail & Personal Liberty : Notable Supreme Court Judgments Of 2022

Earlier this month, the Chief Justice of the Supreme Court DY Chandrachud remarked that no case is small for Supreme Court and that it has to interfere in matters relating to personal liberty. A detailed look into the orders passed by the Supreme Court regarding personal liberty in the past year would indicate that it did uphold the fundamental right guaranteed under Article 21 of...

Supreme Court Annual Digest 2022 - Insolvency and Bankruptcy Code (IBC) With Parallel Citations

Insolvency andBankruptcy Code, 2016 - Appealchallenging NCLAT order which reversed the order of the NCLT wherein it hadheld that the application under Section 9 of the Insolvency and BankruptcyCode, 2016 was not time-barred - Allowed - The failure of the NCLAT as thefirst appellate authority to look into a very vital aspect such as this,vitiates its order, especially when NCLT has recorded...

Best Of 2022 | 26 Important Supreme Court Judgements On Insolvency And Bankruptcy Code (IBC) With Parallel Citations

Discretion of NCLT under Section 7(5) IBC - Observations in 'Vidarbha Industries' made in context of case: Supreme Court refuses review. Axis Bank Ltd v. Vidarbha Industries Power Ltd; 2022 LiveLaw (SC) 817No bar to withdraw admitted CIRP application before constitution of committee of creditors. Ashok G. Rajani v. Beacon Trusteeship Ltd., 2022 LiveLaw (SC) 790 : AIR 2022 SC 4863Approval...

Questions & Answers By Justice V. Ramkumar- Investigation By Police- PART XVII

Q.81 Is it usual to mention in the inquest report, a gist of the FIR and the cause of death as narrated by the witnesses ? Ans. Yes. (Vide Thanedar Singh v. State of M.P. (2002) 1 SCC 487 = AIR 2002 SC 175 – 3 Judges – A. S. Anand – CJI, R. C. Lahoti, P. Venkatarama Reddi – JJ – This is because an inquest is invariably held after the registration of an...

Supreme Court Death Penalty Digest 2022

In 2021, the Supreme Court had not affirmed death penalty in a single case. However, in 2022, it did confirm death sentence in two cases. Nonetheless, 2022 was a significant year for death penalty jurisprudence in India. In March, 2022, the Apex Court had suo moto decided to consider laying down norms and guidelines pertaining to the process of collection and scrutinising mitigation...

Supreme Court Annual Digest 2022- Arbitration [ With Parallel Citations]

Arbitration Act, 1940ArbitrationAct, 1940- The powers exercised by the court under the provisions of the 1940 Act arejudicial powers and that the power to make an award "Rule of Court" is not amechanical power. (Para 127 (ii), 113) Secretaryof Govt. of Kerala Irrigation Department v. James Varghese, 2022 LiveLaw (SC) 447 : (2022) 9 SCC 593Arbitration and Conciliation Act1996Arbitration...

Top Feminist Judgements Of 2022 : From Supreme Court & High Courts

Indian feminist scholarship has extensively examined embedded patriarchy in legal rules and their application by the courts. It is often argued that women's access to justice, which is both a fundamental human right and an essential means to implement other human rights, is inadvertently curbed by the Indian judicial set-up which is entrenched in patriarchy and is oblivious to her needs....

Judicial Service Examination- Questions Based On Latest Supreme Court Judgements

1. In Sukhal Singh Khaira v. State of Punjab, the Supreme Court made some important observations with respect to Section 319, CrPC. Which of the following is true with respect to the same?a. Criminal trial ends with order of conviction and power under Section 319 cannot exercised during the pendency of pre-sentence hearingb. Trial against the convicted accused is concluded...

100 Important Supreme Court Judgments Of 2022 [Part 3]

As is the annual tradition, LiveLaw brings to you the list of 100 important Supreme Court judgments of the current year - a much awaited article by our dear readers.The judgments are selected based on the following criteria - (i) importance to the general public; (ii) settlement of a contested position of law; (iii) utility for practising lawyers and.A disclaimer is added here that the...

100 Important Supreme Court Judgments Of 2022- Part 3- [VIDEO]

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Section 300 CrPC Bars The Trial of a Person Not Only For The Same Offence But Also For Any Other Offence On The Same Facts: Supreme Court

The Supreme Court has reiterated that Section 300 CrPC bars the trial of a person not only for the same offence but also for any other offence on the same facts.The court was hearing a Criminal Appeal that was filed assailing the judgment and order passed by the High Court of Kerala in Criminal Appeal Nos. 947 and 948 of 2009 by which the judgment of conviction and order of sentence passed...

[BAIL] Questions & Answers By Justice V. Ramkumar-Regular Bail-PART-II

Q.6 What is meant by "arrest" ? Ans. "Arrest" means a physical restraint put on a person as a result of allegation or accusation that he has committed a crime or an offence of a quasi-criminal nature. (Vide State of Punjab v. Ajaib Singh AIR 1953 SC 10 = 1953 Cri.L.J. 180 (SC) – 5 Judges – M. Patanjali Sastri – CJI, B. K. Mukherjea, S. R. Das, Vivian Bose, Ghulam Hasan -...