Preventive Detention Order Liable To Be Quashed If Detenu's Representation Is Considered After Long Delay :Supreme Court

The Supreme Court recently quashed a detention order after noting that the authority considered the representation of the detenu after a long delay.The Court observed that in the matter of considering representation made against detention order, the Competent Authority is duty-bound to do so with "utmost despatch".The bench of Justices AM Khanwilkar and CT Ravikumar was considering a...

Pegasus Snooping- Counsel Of Bhima Koregaon Accused Writes To SC-Appointed Technical Committee Suspecting Hacking Of His Device

A lawyer, who represented several persons implicated in the Bhima Koregaon Elgar Parishad case has written to the Technical Committee appointed by the Supreme Court to probe into the allegations of snooping through Pegasus, suspecting compromise of his mobile device by Pegasus Malware.Advocate Nihalsing B Rathod, a practicing lawyer based in Nagpur has argued that his phone was intercepted...

Right Of Preemption A Maligned, Feudal, Archaic And Outmoded Law, Reiterates Supreme Court

The Supreme Court observed that the right of pre-emption is a maligned law and are characterised as 'feudal, archaic and outmoded'.In this case, the appellants are purchasers of the land in question vide sale deed dated 9.2.1990. The sale deed was presented for registration but the registration was completed on 7.1.1992. The proceedings for pre-emption of the land were initiated in terms...

Supreme Court Weekly Round Up: January 3 To January 9, 2022

JUDGMENTS THIS WEEK1. Employee Who Refuses Promotion Offer Not Entitled To Financial Upgradation Merely Because She Suffered Stagnation : Supreme CourtCase name: Union of India vs Manju AroraCitation: 2022 LiveLaw (SC) 1The Supreme Court observed that if a regular promotion is offered but is refused by the employee before becoming entitled to a financial upgradation, she/he shall not be...

Bail Application Of 78 Year Old Man Not Heard Due To Non-Appearance Of CBI's Counsel: Supreme Court Requests Allahabad HC To Decide Expeditiously

In a matter where the bail application of a 78 years old man wasn't heard by High Court on account of non-appearance of CBI's Counsel, the Supreme Court of India on Wednesday requested the Allahabad High Court to dispose of the bail application expeditiously and preferably within a period of six weeks.A Bench comprising the Chief Justice of India NV Ramana, Justice Surya Kant and Justice...

Section 149 IPC- Essential Condition Of An Unlawful Assembly That Its Membership Must Be Five Or More: Supreme Court

The Supreme Court reiterated that it is an essential condition of an unlawful assembly that its membership must be five or more.Less than five persons can be charged under Section 149 only if the prosecution has a case that the persons before the Court and other numbering in all more than five composed an unlawful assembly, these others being persons not identified and un­armed, the...

All High Court 2021 Digests & Round-Up Reports In One Place

LiveLaw has published 22 annual round-up reports about High Court decisions and happenings in 2021. All those reports are compiled here for the benefit of readers. Annual Digests Allahabad High Court: Annual Digest 2021 [Compendium Of 250 Orders/Judgments] 100 Significant Bombay High Court Judgments Of 2021 In Civil, Constitutional And Criminal Law Calcutta High Court:...

Court Should Not Take On Record Comments Made During Mediation Or Settlement Proceedings : Supreme Court

The Supreme Court on Wednesday observed that taking on record the comments made during the course of mediation or settlement proceedings impedes conciliation and impinges on the principle of confidentiality.While disapproving the observations made in the order dated April 20, 2021 passed by the Orissa High Court, bench of Justices Sanjiv Khanna and Bela M Trivedi in its order said, "We...

[Dowry Death] Presumption Under S.113B Of Evidence Act: Proximity Test Does Not Define Any Particular Time Period: Supreme Court

In the recent judgement, the Supreme Court through a three-judge bench comprising Chief Justice N.V. Ramana, Justices Surya Kant and Hima Kohli upheld an important position of law pertaining to Dowry Death and the presumption of guilt in cases relating to it. The ingredients of Section 304B of the Indian Penal Code and Section 113B of the Indian Evidence Act have been explained. The...

Supreme Court Dismisses Plea Seeking To Count Interns As Trainees & Consider Them For Stipend, Working Hours, Leave & Other Legal Protection

The Supreme Court on Thursday dismissed a writ petition seeking directions to the Union to regard interns as trainees under Apprentices Act, 1961 and consider them for stipend, working hours, leave and other legal protections available to trainees.The bench of Justices UU Lalit, SR Bhatt and Hrishikesh Roy while dismissing the petition in their order said,"Permission to appear and argue...

Supreme Court Bar Association Resolves To Hold Candle March At Rajpath To Raise Grievances Of The Bar

A day after writing to the Chief Justice of India NV Ramana expressing anguish at the non-consideration of several pending issues of the Bar, the Supreme Court Bar Association has resolved to hold a candle march at the Rajpath to raise the grievances of the Bar.The Executive Committee, SCBA in its meeting held on 07.01.2022 has unanimously resolved to hold a candle march starting from the...

UAPA Annual Digest 2021 : Important Judgments Of Supreme Court & High Courts

As we step into 2022, LiveLaw brings to you a yearly Round-up of important cases pertaining to the controversial Unlawful Activities (Prevention) Act, 1967 from the Supreme Court, High Courts and trial courts across the country. This yearly digest includes 90 judgments and orders. Supreme Court1. Violation Of Fundamental Right To Speedy Trial Is A Ground For Constitutional Court To Grant Bail...