Supreme court
The Complete Supreme Court Annual Digest- 2023 [Part-X]
Environment Environment and Wildlife Protection - Supreme Court extends the jurisdiction of a committee constituted by the Tripura High Court to oversee transfer of wild animals pan-India- Court directs that all State and Central Authorities shall forthwith report seizure of wild animals or abandonment of captive wild animals to the Committee and the Committee shall be at liberty...
SARFAESI | Supreme Court Allows Borrower's Tenants, Who Bid For Property, To Remain In Possession After Auction Sale Was Set Aside
The Supreme Court observed that after setting aside of the auction sale of the property the banks cannot automatically claim physical possession over the property held in the possession of the tenant who was the successful bidder in the auction sale. The Bench comprising Justices Vikram Nath and Satish Chandra Sharma set aside that direction of the Debts Recovery Tribunal( DRT) whereby while setting aside the auction sale proceedings, the DRT directed the return of the auction sale proceeds...
Supreme Court Imposes Rs 5 Lakhs Cost On Union Govt, Cautions Against Filing Frivolous Petitions In Future
The Supreme Court recently imposed a cost of Rs. 5,00,000/ on the Union of India challenging an order passed by the Meghalaya High Court based on the Union's own concession that a previous decision covered the matter. Deprecating the Union's move to challenge the High Court's order, the Supreme Court recorded that this was a “sheer abuse of the process of law” and cautioned the Union against filing frivolous petitions. “Accordingly, the Special Leave Petitions are dismissed with costs for...
If Courts Find Presence Of Govt Officers Necessary, They Should Be Allowed To Appear Virtually At First Instance : Supreme Court
Deprecating the practice of High Courts routinely directing the personal appearance of the government officer, the Supreme Court held that if the High Court found it necessary to direct the presence of the government officer then it should have been first through video conferencing. Taking reference from the Standard Operating Procedure (SOP) laid down in the case State of Uttar Padesh & Ors. Vs. Association of Retired Supreme Court and High Court Judges at Allahabad & Ors., the bench...
Repealed Provision Ceases To Operate From The Date Of Repeal, Subject To Specific Statutory Prescription: Supreme Court
In an important judgment, the Supreme Court observed that, subject to statutory stipulation, a repealed provision ceases to operate from the date of repeal, and the substituted provision starts operating as and when it is substituted. “The operation of repeal or substitution of a statutory provision is thus clear, a repealed provision will cease to operate from the date of repeal and the substituted provision will commence to operate from the date of its substitution. This principle is...
Medical Negligence | 'Egg Shell Skull' Rule Can Be Applied Only When Patient Had Pre-Existing Conditions : Supreme Court
Observing that the compensation was wrongly reduced by applying "Eggshell Skull Rule", the Supreme Court on Tuesday (April 23) enhanced the compensation amount to be paid to a patient from Rs. 2 Lakhs to Rs. 5 Lakhs after recording that she was suffering persistently post-surgery due to deficiency in service by the doctor. “How could such compensation (Rs. 2 Lakhs) be justified,...
Supreme Court Laments 'Dismal' Implementation Of Rights Of Persons With Disabilities Act, Issues Directions To States
The Supreme Court on Monday (April 22) expressed disappointment at the inadequate implementation of the Rights of Persons with Disabilities Act 2016 (RPwD) across states. Observing that the enforcement of RPwD is in a 'dismal' state, the Court directed the Ministry of Social Justice and Empowerment to consider the larger picture and provide an update in the next hearing. The bench of CJI...
Supreme Court Concerned At Lack Of Child Care Leave In Himachal Pradesh, Says CCL Necessary To Ensure Mothers Remain In Workforce
The Supreme Court today (April 22) directed the government of Himachal Pradesh to review its policies on Child Care Leaves (CCL) concerning working mothers, especially mothers of children with special needs. Noting the lack of any policy framework in the State to provide CCL to mothers of differently abled children, the Court further directed to constitute a committee headed by the...
Movie Trailer Not A Promise, Producer Not Liable If Content Shown In Trailer Is Not Included In Film: Supreme Court
The Supreme Court on Monday (April 22) held that not including the content that was part of the promotional trailer of the movie, in the released movie doesn't amount to a 'deficiency of service' on the part of the movie creators under the consumer protection law.The Bench comprising Justices PS Narasimha and Aravind Kumar decided on a question as to whether there is any 'deficiency' in...
Supreme Court Sets Aside NCDRC Penalty Against Yash Raj Films For Not Including In 'Fan' Movie Song Shown In Trailer
The Supreme Court on Monday (April 22) allowed an appeal filed by Yash Raj Films against an order of the National Consumer Dispute Redressal Commission (NCDRC) which imposed a penalty on YRF for not including a song in the 2016 Shah Rukh Khan-starrer 'Fan', which was shown in the promos and the teasers of the movie.A Bench comprising Justices PS Narasimha and Aravind Kumar delivered...
Supreme Court Weekly Round-Up (15th April-20th April, 2024)
With another week gone at the Supreme Court of India, Live Law is back with its Supreme Court Weekly Digest, dedicated to keeping our readers abreast of the most recent legal developments in the country's apex court. This digest aims to inform you about the latest judgments, orders, and Public Interest Litigations (PILs) filed in the Supreme Court during the past week and also the...
The Complete Supreme Court Annual Digest- 2023 [Part-IX]
CRZ Notification CRZ Notification 2011: Storage facility for edible oil not allowed outside port area; Supreme Court affirms quashing of post-facto clearance. K.T.V. Health Food Pvt. Ltd. v. Union of India, 2023 LiveLaw (SC) 77 : AIR 2023 SC 808 : (2023) 5 SCC 440 Coastal Regulation Zone Notification 2011 - Storage facility for edible oil not allowed outside port areas- the...