Supreme court
State Can Impose Stamp Duty On Insurance Policies Executed Within State : Supreme Court Rejects LIC's Challenge To Rajasthan's Demand
The Supreme Court on April 30 dismissed the appeals filed by the Life Insurance Corporation (LIC) against the demand of stamp duty of approximately Rs 1.19 crores raised by the State of Rajasthan. The Court upheld the legislative competence of the State to levy stamp duty on insurance policies executed within the State subject to the rates determined by the Central legislation.The Bench comprising Justices PS Narasimha and Aravind Kumar observed that the power and jurisdiction of the State to...
S.138 NI Act | Cheque Dishonour Case Can Be Compounded Without Complainaint's Consent If Accused Has Compensated : Supreme Court
Recently, the Supreme Court observed that once the complainant is compensated by the accused against the dishonored cheque amount, then the consent of the complainant is not mandatory for compounding of the offence under the Negotiable Instruments Act, 1881 (“NI Act”). By placing reliance upon the Judgment of JIK Industries Limited & Ors. v. Amarlal V. Jamuni & Anr, the bench comprising Justices AS Bopanna and Sudhanshu Dhulia observed that 'consent' is not mandatory in the compounding...
No Order Be Passed Without Examining Lawfulness Of 'Minutes Of Order' Filed By Advocates : Supreme Court To Bombay High Court
The Supreme Court, in a recent judgment, commented about the peculiar practice of advocates filing "Minutes of Order" in the Bombay High Court. "Minutes of Order" are notes filed by advocates on both sides which mention the points which are to be included in the judgment to be passed by the Court.While this practice is to assist the judges, the Supreme Court cautioned that care should be taken to ensure that the rights of the third parties are not affected by passing orders based on the "Minutes...
Hindu Marriage A 'Samskara' & A Sacrament; Not An Event For 'Song & Dance', 'Wining & Dining' Or Commercial Transaction: Supreme Court
The Supreme Court emphasized that Hindu Marriage is a sacred institution and should not be trivialized as a mere social event for "song and dance" and "wining and dining". It urged young individuals to deeply consider the sanctity of marriage before committing to it. Marriage should not be approached as an occasion for extravagance or as a means to demand dowry or gifts, but as a solemn occasion that establishes a lifelong union between a man and a woman, forming the foundation of a family,...
Hindu Marriage Invalid If Requisite Ceremonies Not Performed, Registration Won't Make Such A Marriage Legitimate : Supreme Court
In a recent ruling, the Supreme Court clarified the legal requirements and sanctity of Hindu marriages under the Hindu Marriage Act 1955. The Court emphasized that for a Hindu marriage to be valid, it must be performed with the appropriate rites and ceremonies, such as saptapadi (seven steps around the sacred fire) if included, and proof of these ceremonies is essential in case of disputes.A bench comprising Justices BV Nagarathna and Augustine George Masih observed :"Where a Hindu marriage is...
Supreme Court Weekly Round-Up (22nd April-27th 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 updates...
The Complete Supreme Court Annual Digest- 2023 [Part-XII]
Information RTI Act will become 'dead letter': Supreme Court directs States, Union to fill vacancies in Information Commissions. Anjali Bhardwaj v. Union of India, 2023 LiveLaw (SC) 942 'Ensure public authorities follow the mandate of Section 4 RTI Act': Supreme Court directs Central / State Information Commissioners. Kishan Chand Jain v. Union of India, 2023 LiveLaw (SC) 665 :...
Supreme Court Monthly Digest - March 2024
Citations 2024 LiveLaw (SC) 180 to 2024 LiveLaw (SC) 268 Agricultural Produce and Livestock Markets Act, 1966 Agricultural Produce and Livestock Markets Act, 1966 (Andhra Pradesh) – Ghee as a product of livestock – The inclusion of “ghee” as a livestock product cannot be faulted merely because it is not directly obtained from milk, which is a product of livestock, it...
Suspension Of Sentence Exception In Serious Offences, S.389 CrPC Not To Be Invoked Merely Because Convict Was In Jail For Long : Supreme Court
The Supreme Court observed that factors of the likelihood of delay and incarceration for a particular period should not be a sole consideration while deciding the plea of the accused to suspend the sentence pending the appeal against the conviction under Section 389 of Cr.P.C.“On its perusal, we are of the opinion that factors like nature of the offence held to have committed, the manner...
For Summoning Accused, Prima Facie Case Made Out From Allegations In Complaint Is Sufficient: Supreme Court
For summoning of an accused, prima facie case made out on the basis of allegations in the complaint and the pre-summoning evidence led by the complainant is sufficient, the Supreme Court held.Reversing the findings of the High Court and Sessions Court which had quashed the issuance of summons, the bench comprising Justices C.T. Ravikumar and Rajesh Bindal observed that the courts below have...
The Complete Supreme Court Annual Digest- 2023 [Part-XI]
Eyewitness Merely because there are certain lacunae in the investigation, it cannot be a ground to disbelieve the testimony of eye-witnesses. (Para 47) Madan v. State of Uttar Pradesh, 2023 LiveLaw (SC) 982 Ocular evidence undoubtedly fares better than other kinds of evidence and is considered evidence of a strong nature. The principle is that if the eyewitness testimony is...
Supreme Court Weekly Digest With Subject /Statute Wise Index [March 25 to 31]
Citations 2024 LiveLaw (SC) 256 to 2024 LiveLaw (SC) 268Arbitration and Conciliation Act, 1996Arbitration and Conciliation Act, 1996; Section 48 – Enforcement of foreign award in India challenged on grounds of arbitral bias – In India, courts must adopt an internationally recognized narrow standard of public policy, when dealing with the aspect of bias. Refusal of enforcement of foreign...