'Making Lawyers Wear Black Coats In Summer Unsafe' : Plea In Supreme Court To Relax Advocates' Dress Code During Summer

A writ petition has been filed in the Supreme Court seeking directions to amend the rules and the Advocate Act 1961 to exempt the lawyers from wearing the traditional black coats and gowns in the scorching heat of the summer months. The petition further seeks to direct the State Bar Councils to determine 'months of prevailing summer' for each state in order to exempt the wearing of the black...

Supreme Court Quarterly Criminal Digest 2024

AcquittalAppeal from acquittal – Principles of deciding – Appreciation of evidence is the core element of a criminal trial and such appreciation must be comprehensive i.e. inclusive of all evidence, oral or documentary. Partial or selective appreciation of evidence may result in a miscarriage of justice and is in itself a ground of challenge. If the Court, after appreciation of...

Supreme Court Rejects Argument That Political Party's Promises In Manifesto For Financial Aid Will Amount To 'Corrupt Practice' By Candidate

The Court has left the question of law open for consideration in an appropriate case.

Exclusion Clauses In Insurance Contracts To Be Construed Strictly & Against Insurer : Supreme Court

In a recent ruling, the Supreme Court reiterated that the burden of proving applicability of exclusionary clauses in insurance contracts is on the insurer and such clauses must be interpreted strictly against the insurer, as they may completely exempt the insurer of its liability.The bench of Justices PS Narasimha and Aravind Kumar was dealing with an insurance company's appeal against an...

Specific Performance Of Contract Can Be Refused If Suit Wasn't Filed Immediately After Breach Though Within Limitation Period : Supreme Court

Even though the limitation period for filing a suit for specific performance of a contract is three years, the Supreme Court held that every suit for specific performance of the contract filed within the period of limitation cannot be decreed. The court noted that the three-year limitation period for filing the suit for specific performance of the contract wouldn't grant liberty to a...

BREAKING| Supreme Court Refuses To Interfere With HC Order Stopping BJP's 'Derogatory' Ads Against TMC; Says Ads Are Prima Facie Disparaging

The Supreme Court on Monday (May 27) refused to entertain a plea filed by Bharatiya Janata Party (BJP) against Calcutta High Court orders restraining it from publishing certain advertisements in respect of All India Trinamool Congress (AITMC/TMC) during the Lok Sabha Elections, which were allegedly derogatory and violated the Model Code of Conduct.The Vacation Bench of Justices JK...

Arvind Kejriwal Moves Supreme Court Seeking Extension Of Interim Bail In Delhi Liquor Policy Case

In the latest development, Delhi Chief Minister Arvind Kejriwal has moved the Supreme Court seeking extension of interim bail granted to him in the Delhi Liquor Policy case on May 10.The Aam Aadmi Party chief, who was released from judicial custody as an interim measure for the purposes of campaigning during Lok Sabha elections, said that he has to undergo diagnostic...

NUJS Kolkata Students Write To CJI Requesting Suspension Of VC Due To Allegations Of Sexual Harassment By Professor

The Student Juridical Association (SJA) which is the student body of the West Bengal National University of Juridical Sciences (WBNUJS) has written to its Chancellor, the Chief Justice of India Dr DY Chandrachud seeking the suspension of the varsity's Vice-Chancellor (VC) over allegations of sexual harassment at the workplace levelled against him by a professor.Earlier LiveLaw had reported on...

'Man Made Disaster': Gujarat High Court Takes Suo Motu Cognizance Of The Tragic Fire Accident At TRP Gaming Zone In Rajkot

On Sunday, the Gujarat High Court took suo motu cognizance of the tragic fire at TRP Game Zone in Rajkot, which resulted in the deaths of at least 27 people.The hearing was conducted before a division bench comprising Justices Biren Vaishnav and Devan M. Desai. The bench observed, “Apart from having constructed such Game zones / recreational facilities, they have been put to use...

Know The Law| Can There Be A Blanket Stay On Money Decree?

In cases where a money decree is being challenged, a common question that often arises is whether a blanket stay, in its execution, can be granted without requiring the judgment debtors (against whose favour the Court has decreed the suit) to deposit a part of the money decree. One such case happened recently where though the Court had decreed the suit in favour of the plaintiff;...

Specific Performance Suit Can't Be Decreed Based On Power Of Attorney Holder's Deposition About Plaintiff's Readiness & Willingness: Supreme Court

The Supreme Court held that wherein the plaintiff is required to prove his readiness and willingness to perform the contract, then the suit for specific performance of the contract cannot be decreed based on the deposition made by the plaintiff's power of attorney about the plaintiff's readiness and willingness to perform a contract.“We are of the view that in view of Section 12 of the...

Supreme Court Quarterly Digest On Indian Evidence Act [Jan – Mar, 2024]

Appreciation 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 a conclusion...