Supreme Court Quarterly Civil Digest 2024

Supreme Court Quarterly Civil Digest 2024Abuse of Process of Law Special Leave Petitions - Several matters, wherein the special leave petitions are filed either against the order seeking adjournment or the order issuing notices or grant/refusal of interim protections. Filing of such petitions not only wastes the time of the Court but it also puts unnecessary burden on the Courts and adds up to the pendency of matters before the Courts. Ranbir Singh v. State of Uttar Pradesh, 2024 LiveLaw (SC) 171Administration of JusticeIn the instant case, we find initiation of criminal proceedings before a forum which had no territorial jurisdiction by submitting incorrect facts and giving frivolous reasons to entertain such complaints. A closer look at the respondent's actions reveals more than just an inappropriate use of jurisdiction. The core issue of the dispute, which involves financial transactions and agreements, clearly places it in the realm of civil and commercial law. Yet, the respondent chose to pursue criminal charges in a quest to abuse the criminal justice system with a motive to seek personal vengeance rather than seeking true justice. This unnecessary turning of a civil matter into a criminal case not only overburdens the criminal justice system but also violates the principles of fairness and right conduct in legal matters. The apparent misuse of criminal proceedings in this case not only damages trust in our legal system but also sets a harmful precedent if not addressed. Dinesh Gupta v. State of Uttar Pradesh, 2024 LiveLaw (SC) 33 : AIR 2024 SC 574Unscrupulous litigants should not be allowed to go scot-free. They should be put to strict terms and conditions including costs. It is time to check with firmness such litigation initiated and laced with concealment, falsehood, and forum hunting. Even State actions or conduct of government servants being party to such malicious litigation should be seriously reprimanded. Dinesh Gupta v. State of Uttar Pradesh, 2024 LiveLaw (SC) 33 : AIR 2024 SC 574Vulnerable Witnesses Deposition Centres (VWDCs) - All the High Courts to take necessary steps for setting up of VWDCs in all districts. This exercise must be completed on or before 30 April 2024. (Para 2) Smruti Tukaram Badade v. State of Maharashtra, 2024 LiveLaw (SC) 43Administrative LawWhile the primary duty of constitutional courts remains the control of power, including setting aside administrative actions that may be illegal or arbitrary, it must be acknowledged that such measures may not singularly address repercussions of abuse of power. It is equally incumbent upon the courts, as a secondary measure, to address the injurious consequences arising from arbitrary and illegal actions. This concomitant duty to take reasonable measures to restitute the injured is our overarching constitutional purpose. This is how we have read our constitutional text, and this is how we have built our precedents on the basis of our preambular objective to secure justice. (Para 19) Manoj Kumar v. Union of India, 2024 LiveLaw (SC) 143 : AIR 2024 SC 1265 : (2024) 3 SCC 563In public law proceedings, when it is realised that the prayer in the writ petition is unattainable due to passage of time, constitutional courts may not dismiss the writ proceedings on the ground of their perceived futility. In the life of litigation, passage of time can stand both as an ally and adversary. Our duty is to transcend the constraints of time and perform the primary duty of a constitutional court to control and regulate the exercise of power or arbitrary action. By taking the first step, the primary purpose and object of public law proceedings will be subserved. (Para 20) Manoj Kumar v. Union of India, 2024 LiveLaw (SC) 143 : AIR 2024 SC 1265 : (2024) 3 SCC 563Recruitment - Reserved Female Category - Non-Creamy Layer (NCL) - The Appellant i.e., a candidate who was scrupulously following the terms and conditions of the Impugned Advertisement was constrained to apply under the 'Open General Category' only on account of certain logistical limitations preventing her from obtaining a valid NCL Certificate. Held, the Appellant cannot be unfairly deprived of the benefit of female reservation merely on account of the Appellant's honesty and restraint which did not allow her to mark 'yes' against a column inquiring about a prospective candidates' status as a person belonging to the NCL, in the absence of the underlying supporting document. (Para 16 & 17) Priyanka Prakash Kulkarni v. Maharashtra Public Service Commission, 2024 LiveLaw (SC) 107Adverse PossessionDeclaration of title can be sought based on adverse possession. (Para 5) IDU v. Nizam Din, 2024 LiveLaw (SC) 82Tenants cannot claim adverse possession against their landlords since their possession is permissive in nature. (Para 9.4) Brij Narayan Shukla v. Sudesh Kumar @ Suresh Kumar, 2024 LiveLaw (SC) 17 : AIR 2024 SC 241 : (2024) 2 SCC 590AdvocateIssue of delayed payment of fees to lawyers representing ...

Supreme Court Quarterly Civil Digest 2024

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Supreme Court Quarterly Civil Digest 2024

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