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The Complete Supreme Court Annual Digest- 2023 [Part-IX]
CRZ Notification CRZ Notification 2011: Storage facility for edible oil not allowed outside port area; Supreme Court affirms quashing of post-facto clearance. K.T.V. Health Food Pvt. Ltd. v. Union of India, 2023 LiveLaw (SC) 77 : AIR 2023 SC 808 : (2023) 5 SCC 440 Coastal Regulation Zone Notification 2011 - Storage facility for edible oil not allowed outside port areas- the...
Delay In Trial: Supreme Court Grants Bail To Man Who Spent 10 Years In Custody Without Conclusion Of Trial
The Supreme Court has granted bail to a man who spent 10 years in custody without conclusion of trial. The man shall be produced before the Trial Court within 1 week, to be discharged on appropriate terms and conditions, after hearing the Public Prosecutor.The Bench of Justices Abhay S Oka and Ujjal Bhuyan passed the order considering that the man (appellant) had undergone 10 years...
Supreme Court Reiterates Principles To Be Adhered By Appellate Court While Reversing Acquittal
Recently, the Supreme Court (on April 19) reiterated the principles that must be adhered to by the appellate Court while reversing the decision of acquittal as arrived by the Trial Court. The guiding principles read as follows: “(a) That the judgment of acquittal suffers from patent perversity; (b) That the same is based on a misreading/omission to consider material evidence...
Explainer : Booth Capturing During Elections As 'Corrupt Practice' Under RP Act
As India entered the first phase of Lok Sabha Elections 2024 on April 19, there were reports about incidents of booth capturing and destruction of Electronic Voting Machines (EVMs) in certain places.In this backdrop, the offence of booth capturing, the penalties that it attracts and the observations made by courts on the subject assume significance. This article, accordingly, attempts to...
Article 226 | Delay Defeats Equity, HC Should Dismiss Writ Petition If Petitioner Is Guilty Of Delay Or Laches : Supreme Court
Observing delay and laches as prominent factors while deciding petitions under Article 226 of the Constitution, the Supreme Court held that the High Court ought not to grant extraordinary relief to a petitioner who approaches the writ court belatedly or in other words sleeps over his rights for a considerable period of time. Reversing the High Court's finding which had allowed the writ...
Supreme Court Gives UP Govt 8 Weeks To Consider Need For Guidelines On Invocation Of Gangsters Act
The Supreme Court on April 19 granted 8 weeks' time to Uttar Pradesh government to consider desirability of laying down some parameters/guidelines in relation to the invocation of the provisions of Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986 ("Act").The matter was listed before a Bench of Justices Surya Kant and KV Viswanathan, when Additional Solicitor General...
'Intoxicating Liquor' Doesn't Include 'Denatured Spirit', But Includes 'Extra Neutral Alcohol' : State Of Kerala To Supreme Court
The Supreme Court on Thursday (April 18) concluded its 9-judge Constitution Bench hearing on the issue whether States have the power to regulate 'industrial alcohol' using their powers over 'intoxicating liquor' or whether it is exclusively reserved for the Union. On the last day of the hearing, the Court conducted a rejoinder session. While the majority of the states contested for a...
S. 498A IPC | Supreme Court Imposes Rs 5 Lakh Cost On Wife's Father For Filing False Cases At Different Places To Harass Husband
The Supreme Court on Friday (April 19) imposed a cost of Rs.5 Lakhs on a wife's father for lodging a false Section 498A IPC case at different places against the husband to harass him by facing trial at different places."We thus deprecate this practice of state machinery being misused for ulterior motives and for causing harassment to the other side (husband), we are thus inclined to impose...
New Criminal Laws Would Produce Positive Impact Only If Infrastructure Development & Capacity Building Are Done : CJI DY Chandrachud
Chief Justice of India DY Chandrachud, while speaking at a conference today (April 20), underscored that the new criminal laws will only bring positive changes if the required investments for infrastructure development and capacity building of forensic experts and investigating officers are made "as soon as possible." CJI was essentially stressing the urgency of investment in the...
Process For IBC Offences To Be Issued By Sessions Court Despite Companies Act Amendment Vesting Jurisdiction On Judicial Magistrate: Supreme Court
Observing that the offences committed under the Insolvency and Bankruptcy Code, 2016 (“IBC”) would be tried by the Special Court established under Section 435 of the Companies Act, 2013 and the sessions judge would have the power to issue process against the accused, the Supreme Court on Friday (April 19) upheld the issuance of process by the sessions judge to the accused.The Court...
The Complete Supreme Court Annual Digest- 2023 [Part-VIII]
Criminal Law High Courts while exercising Section 482 Cr.P.C. power legally bound to see if accusations constitute any offence. Abhishek Saxena v. State of Uttar Pradesh, 2023 LiveLaw (SC) 1072 No adverse inference against prosecution merely because witnesses are withheld. Maheshwari Yadav v. State of Bihar, 2023 LiveLaw (SC) 1063 Delay in filing fir not satisfactorily...
Supreme Court Weekly Digest With Subject /Statute Wise Index [March 18 to 24]
Citations 2024 LiveLaw (SC) 240 to 2024 LiveLaw (SC) 255Arbitration and Conciliation Act 1996Arbitration and Conciliation Act 1996; Section 78(5) – Arbitration clause – Two-Contract Case – When the parties enter into a contract, making a general reference to another contract, such general reference would not have the effect of incorporating the arbitration clause from the referred...