Supreme court
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 of their commission, the gravity of the offence, and also the desirability of releasing the convict on bail...
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...
When Does Debt Become Financial Debt & Operational Debt Under IBC? Supreme Court Explains
In a significant development, the Supreme Court on Thursday (April 25) held that debt would be treated as an operational debt only if the claim subject matter of the debt has some connection or co-relation with the 'service' rendered by the creditor to the debtor."Where one party owes a debt to another and when the creditor is claiming under a written agreement/ arrangement providing...
Can SC Transfer Cheque Dishonour Case To Jurisdiction Where Drawer's Bak Is Situated Despite S.142A NI Act? Supreme Court To Consider
The Supreme Court on Wednesday (April 24) decided to implead the Union of India as a party to the proceedings that involve the interpretation and consideration of consequences of the amendment made to Section 142A of the Negotiable Instruments Act.“Taking note of the fact that issue involved requires interpretation and also consideration of consequence of the amendment made to Section 142A...
Supreme Court Flags Practical Difficulties In Handling Case Files, Calls For SOP By Registry To Properly Maintain SLP Paper Books
The Supreme Court (on April 26) expressed difficulty in its day-to-day functioning due to issues related to paper books, failure to send convenience compilations and other similar problems. The issues include orders not being attached to paper books, counter-affidavits attached to SLP paper books without clear indication, failure to send convenience compilations to judges, improper...
Reasons Given By Supreme Court To Reject Manual Counting Of All VVPAT Slips
Delivering verdict on the pleas for 100% cross-verification of EVM data with VVPAT records, the Supreme Court has declined to increase the number of VVPAT slips undergoing count per assembly segment in a parliamentary constituency.As mentioned in the earlier reports, a bench of Justices Sanjiv Khanna and Dipankar Datta rendered two separate, concurring judgments in the matter. Although...
EVMs Can't Be Tampered With, Return To Ballot Paper Will Undo Electoral Reforms: Supreme Court
Rejecting the petitions seeking 100% cross-verification of EVM data with VVPAT records, the Supreme Court has observed that the suspicions regarding EVM tampering are unfounded and reverting back to the ballot paper system, as prayed, would undo the reforms that have taken place over the years.The bench of Justices Sanjiv Khanna and Dipankar Datta pronounced the verdict earlier today,...