Centre Notifies Appointment Of Justice K Vinod Chandran As Supreme Court Judge

The Central Government has notified the appointment of Justice K Vinod Chandran, the Chief Justice of the Patna High Court, as a Judge of the Supreme Court.It was last week that the Supreme Court Collegium recommended the elevation of Justice Vinod Chandran."In exercise of the powers conferred by the Constitution of India, the President, after consultation with Chief Justice of India, is...

Master Course On BNSS And BNS By Justice Abraham Mathew And Vishalakshi With Upto 60% Discount Now

Now Judicial Aspirants, Lawyers And Law Students And Others Can Enrol For Individual And Combo Subjects From LiveLaw Academy's 'Judicial Service Examination Preparation Course'Introduction:In 2020, the Government of India embarked on an ambitious exercise of reforming the Criminal Justice System. On 11th August 2023, three bills titled Bharatiya Nyaya Sanhita (BNS), 2023, Bharatiya...

Supreme Court Says Its Judgments Must Clarify Their Binding Nature So That HCs & Trial Courts Don't Get Confused

The Supreme Court recently highlighted the need to clearly state the intent behind a judgment within the judgment itself. The Court clarified that not every judgment is meant to be a binding precedent under Article 141 of the Constitution. Therefore, the judgment needs to specify whether the decision is intended to resolve a specific dispute between the parties or to establish a precedent...

Supreme Court Weekly Round-up: January 6, 2025 To January 12, 2025

Nominal IndexCitationM/S Naresh Potteries v. M/S Aarti Industries and Anr., SLP(Crl) No. 8659-2023 2025 LiveLaw (SC) 1Bernard Francis Joseph Vaz and Ors v. Government of Karnataka and Ors 2025 LiveLaw (SC) 2Urmila Dixit v. Sunil Sharan Dixit and others 2025 LiveLaw (SC) 3BN John v. State of UP & Anr., SLP (Crl.) No. 2184 of 2024 2025 LiveLaw (SC) 4Municipal Corporation of Delhi v....

Supreme Court Dismisses Plea To Transfer Cyber-Complaints Against Alleged Victim Of Fake Stock Market Investment Scheme

The Supreme Court today (January 10) dismissed a writ petition which sought the transfer of multiple cyber complaints filed against a petitioner, who claimed to be a victim of cyber fraud, to one authority. In the writ petition, the petitioner alleged that three cyber complaints had been filed against him arising out of the same cause of action thereby, violating his fundamental right to life...

PC Act | Whether Sanction Granted By Competent Authority Matter Of Evidence : Supreme Court Sets Aside HC Order Which Invoked S.482 CrPC To Quash Trial

The question whether sanction for prosecution under the Prevention of Corruption Act, 1988 (PC Act) was granted by a competent authority is a matter of evidence, observed the Supreme Court, while setting aside an order of the High Court which quashed the proceedings in exercise of powers under Section 482 CrPC.The Court also reiterated that a sanction order cannot be quashed on the ground...

Maintenance Proceedings Under S.125 CrPC Are Civil Proceedings Though Breach May Result In Penal Consequences: Supreme Court

The Supreme Court noted that maintenance proceedings under Section 125 of the Cr.P.C. are essentially civil in nature and should not be equated with criminal proceedings merely because they involve a penal consequence.“even if non-compliance with an order for payment of maintenance entails penal consequences, as may other decrees of a Civil Court, such proceedings would not qualify as or...

Specific Relief Act | Relinquishment Of Claims Under S.12(3) For Part Performance Can Be Made At Any Stage Of Litigation : Supreme Court

The Supreme Court observed that while seeking a part performance of the contract under Section 12(3) of the Specific Relief Act, 1963, the plea regarding the relinquishment of claims regarding the remaining part of the contract and all rights to compensation can be made at any stage of litigation,including the Appellate Stage. “we may only say that the relinquishment of claim to...

Principles To Evaluate Circumstantial Evidence In Criminal Cases : Supreme Court Explains

In a recent judgment, the Supreme Court enunciated the principles that courts must adhere to while appreciating and evaluating evidence in cases based on circumstantial evidence.While dismissing the appeal against the conviction in a rape-murder case, a bench comprising Justice BR Gavai, Justice KV Viswanathan and Justice Sandeep Mehta summarised the principles as follows :(i)The testimony...

'Prosecutrix's Testimony Doesn't Inspire Confidence' : Supreme Court Affirms Acquittal In Rape Case

The Supreme Court (on January 07), observed that in rape cases if a conviction is based on the sole evidence of a single witness, even that of the victim herself, such evidence should inspire confidence in the Court. The Court agreed that while the victim's statement is given a very high value, the Court must carefully examine the same. “Although it is absolutely true that in...

Know The Law | When Can Part Performance Of Contract Be Allowed As Per Section 12(3) Specific Relief Act?

The Supreme Court ruled that part performance of the contract under Section 12(3) of the Specific Relief Act, 1963 (“SRA”) cannot be claimed when the unperformed portion is substantial and non-segregable, and the plaintiff neither relinquishes claims for the unperformed part or damages nor shows readiness to perform the contract. As per Section 12(3) of the SRA, for claiming a...

Law Schools Must Help Students Identify Injustice, Encourage Inclusivity: Dr S Muralidhar

NUJS Kolkata on Sunday hosted the Eastern Zonal Round finals of the AmiQuiz Curiae quiz conducted by Qshala in partnership with LiveLaw. Justice Joymalya Bagchi (Judge, Calcutta High Court) and Dr S Muralidhar (Senior advocate and former Chief Justice, Orissa HC) were the keynote speakers at the event. On the topic of legal education and social responsibility, Justice Bagchi stated that...