'We Will Go To Any Extent': Supreme Court Expresses Dismay At Govts Implementing Directions To Eradicate Manual Scavenging

The Supreme Court on December 11 orally expressed that "it will go to any extent" to make sure the Court's order is complied with while hearing a Public Interest Litigation praying that the major provisions of the Employment of Manual Scavengers and Construction of Dry Latrines (Prohibition) Act, 1993 as well as the Prohibition of Employment as Manual Scavengers and Their Rehabilitation Act, 2013, remain unimplemented despite the mandate of the Statutes.A bench of Justices Sudhanshu Dhulia and...

Complete Supreme Court Quarterly Digest 2024- [July To September]

AdvocateAll miscellaneous amounts charged by Bar Councils for enrolment are 'enrolment fees'. Gaurav Kumar v. Union of India, 2024 LiveLaw (SC) 519Bar Councils can't collect any amount exceeding fee specified under Section 24 of advocates act for enrolment. Gaurav Kumar v. Union of India, 2024 LiveLaw (SC) 519Every advocate is expected to come to the Court in proper attire as per the Rules...

Supreme Court Explains 'Henderson Doctrine' : Re-Litigation of Issues That Could Have Been Raised Earlier Is Barred

In a recent case, the Supreme Court explained Henderson doctrine, a natural corollary of the Indian doctrine of constructive Res-judicata codified in Explanation IV of Section 11 of the Code of Civil Procedure (CPC).Propounded in the English case of Henderson versus Henderson, 1843, the doctrine suggests that all the issues arising in the litigation out of the same subject matter must be addressed in a single suit. The doctrine bars re-litigating issues that could or should have been raised in...

Explained| Impeachment Of A Sitting Judge: Procedure & Precedents

Allahabad High Court Judge, Justice Shekhar Kumar Yadav, is the subject of an impeachment motion against him in Rajya Sabha for the controversial remarks made by him against the Muslim community at an event organized by the Vishwa Hindu Parishad.Even before the moving of the impeachment motion by 55 MPs on December 13, the Supreme Court took note of the media coverage of Justice Yadav's speech and called for its details from the Allahabad High Court.With the stage set for the Parliament to now...

S.197 CrPC | When Can Public Servant's Offence Be Linked To Official Duties? Supreme Court Explains Principles

The Court explained 12 principles on the application of Section 197 CrPC.

S.498A IPC : How Supreme Court Raised Concerns About Misuse Of Anti-Dowry & Cruelty Laws Over Years

The recent tragic death of 34-yr old techie Atul Subhash, who is reported to have died by suicide due to marital discord with his wife and ensuing litigations, has sparked a debate around Section 498A of Indian Penal Code.Unfortunately though, the issue of misuse of women-centric laws - Section 498A IPC in particular - is not new. It has continued to surface over the years, with even the...

SARFAESI | Confirmed Sale Can't Be Set Aside For Mere Irregularities Except Fraud, Collusion, Inadequate Pricing, Under-bidding Etc

The Supreme Court recently explained the circumstances under which a sale of property by auction or other means under the SARFAESI Act can be set-aside after its confirmation.The Court held that mere procedural irregularities or deviation from rules are not grounds to set aside a confirmed sale unless such errors are fundamental in nature, such as fraud, collusion, inadequate pricing...

Supreme Court Dismisses Rajasthan HC's Plea Against Judicial Service Appointment Of Candidate After FIRs Were Closed

The Supreme Court recently dismissed a Special Leave Petition challenging a Rajasthan High Court judgment that directed the appointment of a candidate in the Rajasthan Judicial Services Examination 2021. The candidate had been denied appointment based on pending FIRs against him, which were subsequently closed without charges being filed.A bench of Justice Hrishikesh Roy and Justice SVN...

Supreme Court Refuses To Give Scheduled Caste Benefit To 'Tanti' Caste Person In Bihar

The Supreme Court recently refused to extend the benefit of Scheduled Caste reservation to a Central Government employee who belonged to the 'Tanti' caste, which is notified as Other Backward Classes (OBC) category in Bihar.The employee was appointed as a Postal Assistant in the postal department in the year 1997 in the OBC category. In 2015, the Bihar Government removed 'Tanti' caste from...

Supreme Court To Hear Plea Against HC Ruling That Shouting 'Jai Sriram' Inside Mosque Won't Offend Religious Sentiments

The Supreme Court will hear a challenge against the judgment of the Karnataka High Court dated September 13 whereby, the High Court quashed criminal proceedings against two respondents accused of trespassing in a Mosque and shouting the Hindu religious slogan "Jai Sriram" by observing that "it is un-understandable as to how if someone shouts 'Jai Sriram' it would outrage the religious feeling...

Contempt Power Is Not Only For Violation Of Express Orders; Applies To Any Act Intended To Frustrate Judicial Process : Supreme Court

In a significant judgment, the Supreme Court observed that contempt jurisdiction is not confined only to violation of express judicial directions but also extends to acts which are intended to frustrate court proceedings or bypass the eventual judgment."The Contempt jurisdiction of the court extends beyond the mere direct disobedience of explicit orders or prohibitory directions issued by...

S.197 CrPC| Sanction Not Needed To Prosecute Police Officers Accused Of Lodging False Cases Or Fabricating Evidence : Supreme Court

The Supreme Court held that a police official who is accused of lodging a false case cannot claim that he cannot be prosecuted without the sanction under Section 197 of the Code of Criminal Procedure. The protection of Section 197 CrPC is available only for acts discharged in the course of official duties.Since fabrication of evidence and filing bogus cases are not part of the official duties...