Supreme Court Complete Quarterly Digest-All Subjects- (July- September, 2022) (Citations 560 - 814)

Administrative Law - Administrative/executive orders or circulars, as the case may be, in the absence of any legislative competence cannot be made applicable with retrospective effect. Only law could be made retrospectively if it was expressly provided by the Legislature in the Statute. (Para 30) Bharat Sanchar Nigam Ltd. v. Tata Communications Ltd., 2022 LiveLaw (SC)...

District Judges Reluctant To Grant Bail Due To Fear Of Being Targeted : CJI DY Chandrachud

The Chief Justice of India Dr. D. Y. Chandrachud spoke about the important role that the District Judiciary plays in the Judicial System. Speaking at the felicitation function organized by the Bar Council of India on Saturday, the Chief Justice of India highlighted that there should be a sense of equality between the District Judiciary and the High Court as well as the Supreme...

Execution Petitions Must Be Disposed Of Within Six Months ; Courts Must Record Reasons If Unable To : Supreme Court

The Supreme Court reiterated that the execution petitions must be disposed within six months from the date of filing.The Execution Court is duty bound to record reasons in writing when it is unable to dispose of the matter, the bench of Justices KM Joseph and Hrishikesh Roy said.In this case, the decree holder approached the Punjab and Haryana High Court challenging an order of the...

Junior Lawyers are Not Slaves, Pay Them Decent Salaries; Legal Profession Should Not Be An "Old Boys' Club" : CJI DY Chandrachud

The Chief Justice of India on Saturday issued an urgent call to action to senior members of the bar to remunerate their juniors fairly in order to enable them to live a life of dignity. "How many seniors pay their juniors decent salaries?", exclaimed Justice Chandrachud, "Some young lawyers do not even have chambers where they are paid money." He pondered, "If you are staying in Delhi,...

CJI Chandrachud Disapproves Lawyers Striking, Calls For Dialogue & Understanding

Amid the ongoing strike by the lawyers of Gujarat and Telangana High Courts against the collegium proposals to transfer judges, Chief Justice of India DY Chandrachud on Saturday disapproved such protest measures by advocates.When lawyers strike, the greatest sufferers are not the lawyers themselves, or the judges, but the consumers of justice, for whom the lawyers exist in the first place,...

TRS MLAs Poaching Case : Telangana High Court Bars Arrest Of BJP Leader BL Santhosh, Asks Him To Appear Before SIT & Cooperate With Investigation

The Telangana High Court on Saturday restrained the Special Investigation Team from arresting BJP's national general secretary BL Santhosh in relation with the alleged TRS MLAs poaching case. The Court passed this direction taking note of the fact that a notice of appearance under Section 41A of the Code of Criminal Procedure has been served on Santhosh.Further, the Court directed that...

Union Law Minister Kiren Rijiju Criticises Lawyers' Protests; Says Not Good To Question Every Collegium Decision Which Has Govt Support

The Union Minister for Law and Justice Kiren Rijiju on Saturday criticised the protests made by lawyers of the High Courts of the Gujarat, Telangana and Madras against the proposals made by the Supreme Court collegium for the transfer of judges.Without expressly taking the name of any bar association, the Minister said, "When I saw lawyers going for protest...I heard some information that...

FIR Registered In 1990 ; Trial Not Complete Even After Three Decades : SC Directs Kolkata Court To Complete Trial Within 6 Months

The Supreme Court directed a Trial Court in Kolkata to complete trial in a criminal case arising out of an FIR that was registered three decades ago.An FIR was registered in the year 1990 against the accused in a cheating case under Sections 120B/419/420/467/468/471/477A of the Indian Penal Code. The accused filed a discharge application before the Trial Court which was dismissed. Against...

Contractual Expressions Must Be Understood As Intended By The Parties To The Contract : Supreme Court

The Supreme Court observed that scope of contractual expressions must be understood as intended by the parties to the contract.The process of interpretation, though the exclusive domain of the Court, inheres the duty to decipher the meaning attributed to contractual terms by the parties to the contract, the bench of Justices A S Bopanna and P S Narasimha observed.In this case, in a...

Judicial Service Examination- Practice Questions- First Information Report (FIR)

1.A received serious injuries from X and Y. The police received an anonymous message about the incident. The Police recorded the statement of A in the hospital based on which the First Information Statement is registered U/S 307 of IPC against X and Y . Two weeks days later A died of the injuries sustained in the incident. Can the First Information Statement be admissible as Dying...

Supreme Court Judgments Weekly Round Up: November 7- November 13, 2022

PMLA Prosecution Cannot Continue If Accused Is Discharged From The Scheduled Offence: Supreme Court The Supreme Court reiterated that the prosecution under the Prevention of Money-Laundering Act cannot continue if the accused is discharged from the scheduled offence. The court observed thus while allowing a writ petition filed by one Indrani Patnaik and others. They contended...

Supreme Court News Updates Weekly Round Up: November 7- November 13, 2022

Azam Khan's Seat Declared Vacant The Next Day Of Conviction, Give Him Some Breathing Time : Supreme Court To UP Govt The Supreme Court, on Monday, issued notice to the Election Commission of India (ECI) in a plea filed by Samajwadi Party leader and former Uttar Pradesh Minister Mohammad Azam Khan challenging the Press Note dated 05.11.2022 issued by the ECI stipulating schedule...