Preventive Detention- 3 Months Limit Under Article 22(4)(a) Applies Only At Initial Stage Till Advisory Board's Report : Supreme Court

The Supreme Court recently dismissed an appeal by a detenu who challenged the order of preventive detention under the Andhra Pradesh Prevention of Dangerous Activities of Boot-leggers Act, Dacoits, Drug Offenders, Goondas, Immoral Traffic Offenders and Land Grabbers Act, 1986 (the Act).The Court disagreed with the view taken in Cherukuri Mani v. Chief Secretary, Government of Andhra...

Supreme Court Weekly Digest With Nominal And Subject/Statute Wise Index [August 1 – 6, 2023]

SUBJECT WISE INDEXAdvocateThe Supreme Court vacated a stay order in a 16-year-old criminal appeal as it pulled up the appellant-lawyer for seeking repeated adjournments. Gulshan Bajwa v. Registrar, High Court of Delhi, 2023 LiveLaw (SC) 608Litigants should not be made to suffer because of the advocate's fault in withdrawing a complaint by mistake. Ashok Kumar v. New India Assurance Co. Ltd.,...

Service Tax | Assessee Cannot Be Penalised Based On Show-Cause Notice Mentioning Erroneous Category Of Service : Supreme Court

A Division Bench of the Supreme Court, comprising Justices Abhay S. Oka and Sanjay Karol, while hearing appeals, held that “Assessee cannot be subjected to a penalty on the basis of a show cause notice containing a completely erroneous category of service.” Therefore, Court rendered the demand made on the basis of the said show cause notice illegal.The present appeals had arisen out...

Can Bail Condition Requiring Assurance From Embassy That Foreign Accused Will Not Leave India Be Imposed? Supreme Court To Examine

The Supreme Court recently directed the Centre to submit its views on whether the bail condition requiring assurance from the Embassy/High Commission that a foreign national accused will not leave the country, has been incorporated by courts. A division bench of Justice Abhay S Oka and Justice Sanjay Karol was hearing a challenge to certain bail conditions imposed by the Delhi High Court on...

Digital Personal Data Protection Act Is An Outlier, Not In A Good Way : Apar Gupta

On August 12, 2023, the Digital Personal Data Protection Act received the assent of the President of India, clearing the way for the act to come into force when notified by the central government. It is the first law made for processing data in India and it brings several amendments to the Right to Information Act and the Information Technology Act. According to the preamble of the...

Supreme Court Half Yearly Digest 2023 -Code Of Civil Procedure, 1908

Section 10 - Stay of SuitCode of Civil Procedure, 1908; Section 10 - Stay of Suit - By virtue of Section 10 CPC, a Court is prohibited from proceeding with trial of any suit in which the matter in issue is also directly and substantially in issue in a previously instituted suit, of course, subject to other conditions mentioned therein. The object of the prohibition contained in Section 10 CPC...

'ED Officials Given All Police Powers, But They're Held To Be Not Police' : Justice Deepak Gupta Criticises PMLA Judgment

Former Supreme Court judge Justice Deepak Gupta delivered a lecture on the topic "Development of Fundamental Rights Jurisprudence in Last 10 years" as part of LiveLaw's 10th anniversary lecture series. After referring to several judgments which made a significant development in the field of fundamental rights, Justice Deepak Gupta said that there are some judgments which strike at liberty...

Supreme Court Recalls Judgment Holding That No Indirect Taxes Can Be Levied On Duty Free Shops At Airports

The Supreme Court has recalled its Division Bench judgment dated 10 April 2023, where the top court had ruled that Duty Free Shops situated in the arrival or departure terminals of Airports are outside the customs frontiers of India and therefore, they cannot be saddled with any indirect taxes like the Service Tax.While allowing the review plea filed by the Commissioner of CGST and Central...

Law Presumes Marriage When Man & Woman Cohabits For Long Time : Supreme Court

In a notable judgment, the Supreme Court recently observed that when a man and a woman have continuously cohabited for a long time, there is a presumption of marriage.A bench comprising Justices Hima Kohil and Rajesh Bindal observed : “law infers a presumption in favour of a marriage when a man and woman have continuously cohabitated for a long spell. No doubt, the said presumption...

'Prosecutor Has Duty To State, Accused And Court; They Are Not Representatives Of Any Party': Supreme Court

The Supreme Court on Friday (18.08.2023) convicted Rashtriya Janata Dal (RJD) leader and former Member of Parliament (MP) Prabhunath Singh in a double murder case of 1995, reversing his acquittal granted by the trial court and confirmed by the Patna High Court.The Apex Court heavily criticized the 'deplorable conduct' of the Presiding Officer of the Trial Court in the case, which according to...

LIVE NOW- JUSTICE DIPAK GUPTA's LECTURE ON "Development Of Fundamental Rights Jurisprudence In Last 10years"

LIVELAW@10- LIVELAW 1Oth Anniversary Lecture SeriesTODAY AT 6PMSPEAKER: JUSTICE DEEPAK GUPTATOPIC: "Development Of Fundamental Rights Jurisprudence In Last 10years"WATCH LIVE @LIVELAW YOUTUBE...

Supreme Court Seeks Centre’s Response On Plea To Decriminalise Consensual Sex By 16-18 Year Olds

On Friday, a three-judge bench of the Supreme Court, comprising Chief Justice of India D Y Chandrachud and Justices J B Pardiwala and Manoj Misra, heard a Public Interest Litigation (PIL) challenging the vires of the statutory rape laws that criminalize consensual sex by 16-18-year-olds. The Apex Court, taking note of the PIL, sought a response from the Centre on seeking a direction...