Supreme Court Weekly Digest With Nominal And Subject/Statute Wise Index [May 23 - May 29] [ 2022 LiveLaw (SC) 521 to 27]

Aadhaar Act 2016 - UIDAI directed to issue Aadhaar cards to sex workers without insisting proof of residence. Budhadev Karmaskar v. State of West Bengal, 2022 LiveLaw (SC) 525 Arbitration and Conciliation Act 1996; Section 11(5), 11(6) - Delay in appointment of arbitrators - If the arbitrators are not appointed at the earliest and the applications under Sections 11(5) and 11(6) of...

Supreme Court Quarterly Digest 2022 - MOTOR ACCIDENT CASES (Jan- Mar)

Motor Accident Compensation Claims - Enhanced the compensation payable to over Rupees 50 Lakhs in a motor accident case where appellant has been rendered paralysed for life after he met with an accident as a 5 year old boy in 2010 - The appellant is not able to move his both legs and had complete sensory loss in the legs, urinary incontinence and bowel constipation and bed sore. Master...

BREAKING| UIDAI Withdraws Press Release Which Cautioned Against Sharing Photocopies Of Aadhaar

The Unique Identification Authority of India has withdrawn its press release dated May 27 which had cautioned against sharing of photocopies of Aadhaar cards and had advised card holders only to share the masked Aadhaar with only the last 4 digits."..in view of the possibility of the misinterpretation of the Press Release, the same stands withdrawn with immediate effect", the latest press...

Order VIII Rule 1A(3) : Refusing To Permit Production Of Additional Documents Even If There Is Some Delay Will Be Denial Of Justice: Supreme Court

The Supreme Court observed that refusing permission to a party in a civil suit to produce additional documents even if there is some delay will lead to denial of justice.In such cases, the trial Court can impose some costs rather than to decline the production of the documents itself, the bench comprising Justices Hemant Gupta and V. Ramasubramanian observed.In this case, the Andhra Pradesh...

Speedy Investigation : Karnataka High Court Sets Time Limit For Probe; 60 Days For Petty Offences, 90 Day For Heinous Crimes

The Karnataka High Court has issued general directions for speedy conclusion of investigations in criminal matters. A single judge bench of Justice S Sunil Dutt Yadav in its interim order said, "There is a requirement to pass directions for speedy conclusion of investigation, that may be applicable to the matters in general." The bench also remarked that Investigation Officers are...

Explainer : What Is Order 7 Rule 11 CPC? When Can Plaint Be Rejected?

The presentation of a plaint, i.e. the pleading of the plaintiff in a suit; marks the institution of a civil suit. The Civil Procedure Code, 1908, provides for the remedy of rejection of plaint under Order VII Rule 11, on certain specifically states grounds. Order VII Rule 11 provides: "Court shall reject a plaint: (a) where it does not disclose a cause of action; (b) where the relief...

Supreme Court Quarterly Digest 2022 - CONSUMER PROTECTION LAW (Jan - Mar)

Consumer Law - Transfer Petition filed seeking transfer of consumer complaints pending before Consumer fora to Bombay High Court - Dismissed - The consumer complaints are filed under the Consumer Protection Act, therefore, such consumer complaints cannot be transferred to the High Court exercising the jurisdiction under Article 226 of the Constitution of India. Yes bank v. 63...

Life Imprisonment Without Realistic Possibility Of Parole Unconstitutional: Canada Supreme Court

The Canada Supreme Court held that a criminal law provision authorizing sentence of imprisonment for life without a realistic possibility of parole is unconstitutional."By stipulating that a court may impose consecutive 25-year parole ineligibility periods, the impugned provision authorizes the infliction of a degrading punishment that is incompatible with human dignity", the Court...

Supreme Court Weekly Round-Up: May 23 To May 29, 2022

Supreme Court Judgements 1. Ex- Personnel Of Armed Force Reemployed In Govt. Services Not Entitled To Pay Scales At Par With His Last Drawn Pay: Supreme Court Case Title: Union of India vs Anil Prasad |CA 4073 OF 2022 Citation: 2022 LiveLaw (SC) 513 The Supreme Court observed that an Armed Forces employee on reemployment in government service is not entitled to his...

Breaking: "Transgender Has Every Right To Choose Gender": Orissa High Court Orders Family Pension To Transwoman

The Orissa High Court has recently ordered grant of family pension to a transwoman, who was allegedly discriminated on the basis of her gender while allowing pensionary benefits after the death of her parents. A Single Bench of Justice Aditya Kumar Mohapatra held, "…this Court is of the considered view that the petitioner as a transgender has every right to choose her gender...

Five Reasons Why Aryan Khan Was Given Clean Chit In The Cruise Ship Case

Investigating Officer was motivated to somehow implicate Aryan Khan in the drug case, report said.

Supreme Court Issues Notice To Kerala Govt On Plea Seeking Desilting Of River Sands On Yearly Basis Before Arrival Of Monsoon

The Supreme Court has issued notice to the State of Kerala on a plea seeking the desilting of River sands from all rivers in Kerala on yearly basis, before the arrival of monsoon. The bench of Justices A. M. Khanwilkar and J. B. Pardiwala was hearing a special leave petition after a March, 2021 decision of the Kerala High Court, dismissing as withdrawn the writ petition praying for the...