Supreme court
Supreme Court Quarterly Digest 2024- ARBITRATION (Jan - Mar)
SUPREME COURT QUARTERLY DIGEST 2024Arbitration and Conciliation Act, 1996An award could be said to be against the public policy of India in, inter alia, the following circumstances: 1. When an award is, on its face, in patent violation of a statutory provision 2. When the arbitrator/Arbitral Tribunal has failed to adopt a judicial approach in deciding the dispute. 3. When an award is in...
Litigants Should Be Allowed To Appear Virtually If Court Thinks Their Presence Is Required : Supreme Court
Observing that the personal presence of the litigant suffering from ailments can be sought through a virtual medium when there's a facility in the High Court to appear through a virtual mode, the Supreme Court on Monday (May 20) provided a relief to the litigant by staying an operation of the Calcutta High Court's order which had directed the personal appearance of the litigant.The Vacation Bench comprising Justices Dipankar Datta and Satish Chandra Sharma questioned the impugned order of the...
NDPS Act | Confiscation Of Vehicle Can't Be Ordered Without Hearing Its Registered Owner : Supreme Court
The Supreme Court has held that an order passed under the Narcotic Drugs and Psychotropic Substances Act 1985 (NDPS Act) for the confiscation of a vehicle will be illegal if it was passed without hearing the owner of the vehicle.Referring to Section 63 of the NDPS Act, the Court said that an order confiscation of an article cannot be passed until the expiry of one month from the date of seizure or without hearing any person who may claim any right thereto.A bench comprising Justices JB Pardiwala...
To Punish A Person For Casteist Insults Under SC/ ST Act, Comments Have To Be Made Within Public View: Supreme Court
The Supreme Court, while deciding a case arising out of a complaint made for an offence under the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 (Act), observed that an allegation of insult has to satisfy the requirement of having been made within public view. In the present case, the appellant had alleged that an offence under the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 has been committed against him. Based on this, he filed...
Electricity Act | SEZ Developer Not Ipso Facto A 'Deemed Distribution Licensee', Must Apply For Recognition And Be Scrutinized : Supreme Court
The Supreme Court recently held that SEZ developers, though conferred the status of "deemed distribution licensee" under the Electricity Act, must apply in terms of applicable Regulations and be scrutinized. The court further distinguished between regular distribution licensees and deemed distribution licensees to set aside a pre-condition imposed on an applicant requiring infusion of additional capital to be recognized as a "deemed distribution licensee"."...being a SEZ developer in terms of...
Bail Can Be Cancelled By Same Court Which Granted It If There Are Serious Allegations Even If Accused Hasn't Misused Bail : Supreme Court
In a recent decision, the Supreme Court observed that the same Court which granted bail to an accused can cancel the bail if there are serious allegations against him although the accused has not misused the bail.“If there are serious allegations against the accused, even if he has not misused the bail granted to him, such an order can be cancelled by the same Court that has granted the...
Supreme Court Quashes Conviction For Stalking Due To Marriage Between Convict & Complainant
The Supreme Court recently quashed the conviction of a man for the offence of stalking (Section 354D) and criminal intimidation (Section 506) of the Indian Penal Code after noting that the convict and the complainant married each other during the pendency of the appeal before the Supreme Court.The appellant was tried for the offences of sexual harassment (Sections 11, 12 of POCSO Act),...
'Sentencing Shall Not Be A Lottery' : Supreme Court Recommends Union To Frame Sentencing Policy To Reduce Judge-Centric Disparities
Observing that there existed wide disparity in sentencing of convicts as it is completely judge-centric, the Supreme Court has recommended that the Union Government on the feasibility of introducing a comprehensive sentencing policy and a report thereon, within a period of six months“As it is an important aspect which has escaped the attention of the Government of India, we recommend...
Supreme Court Quarterly Digest On Code Of Criminal Procedure [Jan – Mar, 2024]
Sections 61, 70, 204, 437 - An accused cannot be taken into custody when he voluntarily surrenders before the Court even though the Court which has taken cognizance of the chargesheet has not issued a summoning order against him. Bail application filed by such an accused, who voluntarily surrendered even in the absence of a summoning order, cannot be entertained. (Para 10) Souvik Bhattacharya...
Supreme Court Monthly Round-Up: April 2024
Here's a comprehensive overview of the Supreme Court of India proceedings during April 2024. This monthly digest aims to inform you about the latest judgments, orders, and Public Interest Litigations (PILs) filed in the Supreme Court during the month of April and also the updates of the Constitution bench hearing on the taxation matter of mineral-bearing lands and on overlapping...
Interview Also Be Done To Assess Suitability Of Judicial Officers For Promotion As District Judges In 65% Quota : Supreme Court Suggests
The Supreme Court in its recent judgement concerning the promotion of Judicial Officers by the Gujarat High Court, observed a few suggestions to enhance the 'suitability test' employed by the High Court for promoting judicial officers on the basis of 'Merit-cum-Seniority'. On May 17, the Court upheld the recommendations made by the High Court of Gujarat in 2023 for the promotion of Senior...