Supreme Court Quarterly Complete Criminal Digest [July - September 2022]

Bail - Economic Offences - The gravity of the offence, the object of the Special Act, and the attending circumstances are a few of the factors to be taken note of, along with the period of sentence. After all, an economic offence cannot be classified as such, as it may involve various activities and may differ from one case to another - It is not advisable on the part of the court...

Karnataka Industrial Area Development Board Can Acquire Land For A Single Company To Set Up An Industry: Supreme Court

The Supreme Court observed that there Karnataka Industrial Area Development Board KIADB can acquire lands for a single company to set up an industry.In this case, the land acquisition by KIADB was for two companies viz. M/s MSPL Ltd. and M/s AARESS Iron and Steel Ltd. [AISL is fully owned subsidiary of MSPL]. Allowing writ appeal filed by a land owner, the Karnataka High Court...

Order Granting Anticipatory Bail Only Till Framing Of Charge Should Contain Reasons For Such Restriction: Supreme Court

The Supreme Court observed that if a court restricts the anticipatory bail upto framing of charge, the order should discuss the the peculiar facts and circumstances which warranted such restriction.In this case, the Allahabad High Court restricted the anticipatory bail granted to the accused only till framing of the charge. In response to the Special Leave Petition filed by the accused, ASG...

Unfortunate Fake News Spread Against Chief Justice Muralidhar : Orissa High Court Issues Statement, Condemns "Sinister Attempt" To Malign CJ

The Orissa High Court has issued a press release against the fake news being circulated in social media against Chief Justice Dr S Muralidhar.A lawyer named Advocate Srinivas Mohanty had published a photograph in his Facebook account with a caption that Chief Justice Dr S Muralidhar had a "closed door meeting" with Mr. VK Pandian IAS, the Private Secretary to Odisha Chief Minister Naveen...

Insurance Company Cannot Take A Defense Which Did Not Form The Basis Of Repudiation Of The Claim : Supreme Court

The Supreme Court observed that, in a claim made by the insured before a consumer commission, an insurance company cannot take a defense which did not form the basis of repudiation of the claim.In this case, the ground for repudiation of insurance claim was that there was no sufficient balance to cover the declaration and/or loss. The National Consumer Disputes Redressal Commission dismissed the...

'CCI Order Against Google Will Boost Digital Innovation': Interview With The 3 Young Lawyers Who Fought The Legal Battle

Search Engine Giant Google has been in news headlines for over a week now. This is because of two orders passed by the Competition watchdog of India, which heavily fined the Company.The first order passed by the Competition Commission of India on October 20 imposed a penalty of Rs. 1337.76 Crore on Google under Section 27 of the Competition Act, 2002, for abusing its dominant position in...

Subsequent Settlement Of Residents Not A Ground To Shift A Crematorium : Supreme Court

The Supreme Court observed that subsequent settlement of residents in city/town by itself cannot be a ground to shift cremetorium.The bench of Justices MR Shah and MM Sundresh allowed appeal filed by South Delhi Municipal Corporation challenging the Delhi High Court order that directed it to shift the crematorium at Village Masoodpur to Kishangarh. Maintenance of said places is an...

Supreme Court Quarterly Digest on INDIAN PENAL CODE [July - September 2022]

Penal Code, 1860 - Deceased was addicted to alcohol and used to constantly torment, abuse and threaten the accused (appellant) who was his brother - On the night of the occurrence, the deceased had consumed alcohol and had told the accused to leave the house and if not, he would kill the accused - There was sudden loss of self-control on account of a 'slow burn' reaction followed by the...

Kerala Cooperative Society Member Executing Instrument/Sale Deed In His Own Capacity Not Entitled To Benefit Of Stamp Duty Remission: Supreme Court

The Supreme Court observed that a member of a cooperative society in Kerala executing an instrument/sale deed in his own capacity shall not be entitled to the benefit of remission of stamp duty.The bench of Justices MR Shah and Krishna Murari upheld the Kerala High Court Full Bench Judgment which held that (i) the benefit of remission of stamp duty is available only in respect of...

EPF Pension Case : Supreme Court Verdict On EPFO Appeals Likely To Be Pronounced Next Week

The Supreme Court is likely to pronounce next week the judgment in the appeals filed by the Employees Provident Fund Organization challenging the Kerala, Rajasthan and Delhi High Court judgments which had quashed the Employee's Pension (Amendment) Scheme, 2014.A 3-judge bench comprising Justices Uday Umesh Lalit, Aniruddha Bose and Sudhanshu Dhulia had reserved judgment on August 11 after...

EWS Quota : Supreme Court Verdict Determining Validity Of Constitution 103rd Amendment Likely To Come Next Week

The Supreme Court verdict determining the validity of the 103rd Constitutional Amendment which introduced 10% reservation for Economically Weaker Sections (EWS) in education and public employment is likely to come out next week.The matter was heard by a 5-judge bench comprising Chief Justice of India UU Lalit, Justices Dinesh Maheshwari, S Ravindra Bhat, Bela M Trivedi and JB Pardiwala who...

All India IBC Cases Half Yearly Digest: January To June 2022

Supreme Court Supreme Court Declares Noida As An Operational Creditor Under The Insolvency And Bankruptcy Code, 2016 Case title: New Okhla Industrial Development Authority v Anand Sonbhadra Case No.: Civil Appeal No. 2222 of 2021 The Supreme Court Bench comprising of Justice KM Joseph and Justice Hrishikesh Roy has upheld the NCLAT judgment wherein it was...