Specific Performance Suit's Limitation Period Runs From Date For Performance & Not From Expiry Of Agreement's Validity : Supreme Court

The Supreme Court recently held that the limitation period for a specific performance suit will run from the date fixed for the performance and not from the expiry of the validity of the agreement.Setting aside the concurring findings of the High Court and Appellate Court, the bench comprising Justices Vikram Nath and Prasanna B Varale observed : “The First Appellate Court and the High...

Supreme Court Half Yearly Digest 2024: Evidence Act

EvidenceAppreciation of Evidence – The High Court fails to appreciate evidence in a thorough manner and merely relied on a limited set of facts to arrive at a finding. In an appeal, as much as in a trial, appreciation of evidence essentially requires a holistic view and not a myopic view. Appreciation of evidence requires sifting and weighing of material facts against each other and...

Important MCQ's Based On Latest Supreme Court Judgments For Law Examinations

Q 1. Does calling an accused to admit/deny the document produced by the prosecution under Section 294 CrPC violate the right against self-incrimination?a. Yes, the accused has a right to silence.b. Yes, the accused cannot be compelled to be a witness against itself.c. No, the accused cannot be a witness against himself if called upon to admit/deny the documents produced by the prosecution.d....

'No Lawyer Can Brazenly Say I Won't Argue The Matter' : Supreme Court Asks Advocate To Tender Apology To High Court

The Supreme Court recently chastised an advocate for refusing to argue an appeal before the High Court.The bench comprising Justices AS Oka and Augustine George Masih was hearing a petition filed by a convict, who is serving life sentence in a murder case, challenging the Allahabad High Court's refusal to grant him bail. When the bail application was taken, the High Court bench told the...

Supreme Court Monthly Round-Up: July 2024

Here's a comprehensive overview of the Supreme Court of India proceedings during July 2024. This monthly digest aims to inform you about the latest judgments, orders, and Public Interest Litigations (PILs) filed in the Supreme Court during the month of March and also the updates of the Constitution bench hearing on the taxation matter of mineral-bearing lands, providing...

The Lawyer Who Made Flying Visits To Courts

In the late fifties and sixties of the last century, a cherubic barrister would fly his L5 two seater plane all the way from Patna to Delhi with a refuelling halt at Lucknow. The second seat was occupied either by his white bearded senior munshi Majid, or his clean-shaven, janeu-wearing, dhoti-clad junior munshi Lakhan. He parked his little aircraft at the Safdarjung airport and went to argue his appeals in the Supreme Court. He would also fly in it from Patna to district towns in Bihar and...

Right To Bail Should Be Read Into S.45 PMLA When Accused Has Spent Long Time In Custody & There's Delay In Trial : Supreme Court

While allowing the bail plea of former Delhi Deputy Chief Minister Manish Sisodia in relation to the liquor policy case, the Supreme Court recently observed that in cases where there has been a delay in trial and the accused has spent a long period in custody, right to bail shall be read into Section 439 CrPC and Section 45 of the Prevention of Money Laundering Act (PMLA). The same will...

Artificial Intelligence Can Handle Routine Tasks, Freeing Lawyers' Time For High-Value Work: CJI DY Chandrachud

Chief Justice of India DY Chandrachud emphasized that Artificial Intelligence (AI) can significantly enhance the efficiency of the legal profession. Drawing a parallel to how lawyers have previously adapted to technological advancements, he expressed confidence that they would similarly embrace AI.Speaking at the inaugural address of a two-day National Conference on "The Landscape of...

S. 27 Evidence Act | Statement Of Accused Inadmissible If No New Fact Is Discovered Pursuant To Disclosure: Supreme Court

The Supreme Court has held that the disclosure made by an accused under Section 27 of the Indian Evidence Act is irrelevant if the fact was previously known to the police.The Court held so while reversing the conviction in a murder case. The Court held that the disclosure of the accused regarding the crime scene was irrelevant as this fact was already known to the police. Hence, the statement...

Supreme Court Hears Plea Seeking Free Treatment For Children With Muscular Dystrophy

The Supreme Court today (August 9) today heard a batch of petitions filed by parents of children suffering from Muscular Dystrophy who seek a policy for free treatment of the disease.The bench of CJI DY Chandrachud,Justices JB Pardiwala and Manoj Misra was hearing a petition seeking to commence a national programme for the treatment of children with muscular dystrophy. The petition further...

Supreme Court's Judgment in MCD Alderman Case Contradicts Constitution Bench Precedents, Undermines Democracy

The judgment adopts a narrow interpretation and fails to embrace the spirit of democracy and federalism.

Supreme Court Half Yearly Digest-Code Of Criminal Procedure [Jan – June, 2024]

Code of Criminal Procedure, 1973 'Absurdity': Supreme Court quashes FIR which alleged book in Indore law college library hurt religious sentiments. Inamur Rahman v. State of M.P. 2024 LiveLaw (SC) 423 Appeal against conviction – Held, Conviction is confirmed. The impugned judgments do not suffer from any infirmity warranting any interference. (Para 49 & 50) Sukhpal Singh v....