Section 27 Evidence Act Vulnerable To Abuse, Courts Must Be Vigilant : Supreme Court

The Supreme Court, in its verdict delivered on January 03, while making somepertinent observations regarding Section 27 of the Evidence Act, also cautioned that the police frequently use this provision and the courts must be vigilant about its application. “Section 27 of the Evidence Act is frequently used by the police, and the courts must be vigilant about its application to...

Krishna Janmabhoomi Dispute : Mosque Committee Approaches Supreme Court Against Allahabad HC Appointing Commission To Inspect Masjid

In the latest development in the Krishna Janmabhoomi-Shahi Eidgah Mosque dispute, the mosque committee has approached the Supreme Court against a December 14 order of the Allahabad High Court by which it had allowed an application for the appointment of a court commissioner to inspect the mosque. Earlier, on December 15 last year, the top court had refused to interfere with this order when...

Supreme Court Asks High Court To Not Unnecessarily Summon Officials Of J&K Administration

The Supreme Court on Thursday (January 4) asked the High Court of Jammu and Kashmir and Ladakh to not “unnecessarily” insist on personal presence of the officials of the J&K Union Territory in connection with the creation of posts in the High Court.The Court was considering a special leave petition filed by the J&K administration aggrieved by the repeated passing of orders by...

HC Bench Bound By Judgment Of Coordinate Bench : Supreme Court Stresses Importance Of 'Judicial Discipline'

The Supreme Court, in its recent judgment (on January 03), highlighted the importance of ensuring judicial discipline. The Court went on to observe that when a decision of a coordinate Bench of same High Court is brought to the notice, it is to be respected and is binding on the bench. However, the same is subject to right of a co-equal quorum bench to take a different view and refer...

IBC | Statutory Set Off Or Insolvency Set Off Inapplicable To Corporate Insolvency Resolution Process: Supreme Court

The Supreme Court has held statutory set off or insolvency set off is not applicable to Corporate Insolvency Resolution Process (“CIRP”) proceedings under the Insolvency and Bankruptcy Code, 2016 (“IBC”). Further, Regulation 29 of the Insolvency and Bankruptcy Board of India (Liquidation Process) Regulations, 2016 (“Liquidation Regulations”), which provides for mutual dealing and...

2023 Annual Digest Of Indirect Tax Cases: Supreme Court And High Courts

Supreme CourtState Amendments Made To VAT Acts After GST Came Into Effect Are Invalid : Supreme Court Case Title: The State of Telangana & Ors. V. M/S Tirumala Constructions., Civil Appeal No(S). 1628 Of 2023 Citation : 2023 LiveLaw (SC) 927 A Division Bench of the Supreme Court, while deciding the appeals arising from judgments of Telangana, Gujarat and Bombay High Court...

UAPA| Terrorism Cases Not To Be Taken Lightly: Supreme Court Sets Aside Default Bail

In a case pertaining to grant of default bail to a person accused under the Unlawful Activities (Prevention) Act, 1967 (“UAPA”), the Supreme Court yesterday allowed an appeal filed by the Delhi police, observing that the High Court fell in error in granting default bail and should not have taken the matter so lightly. A Division Bench of Justices Vikram Nath and Rajesh...

CJI Nominates Five Advocates As Members Of Supreme Court Legal Services Committee

The Chief Justice of India has nominated five advocates as Supreme Court Legal Services Committee members. The National Legal Services Authority, through its notification dated December 23, 2023, has notified the membership of the following advocates based on the nomination by the CJI : Senior Advocate Vibha Datta Makhija;Senior Advocate Siddhartha Dave;Senior Advocate Aparajita...

Judicial Officers' Pay : Supreme Court Directs States To Clear SNJPC Arrears By Feb 29; Asks HCs To Set Up Committees To Oversee

The Supreme Court has directed the State Governments to pay the arrears to judges in terms of the payscales enhanced as per the recommendations of the Second National Judicial Pay Commission (SNJPC) by February 29, 2024.The judgment also contains directions to the High Courts to set up a Committee to oversee the implementation of the SNJPC recommendations. It will be known as the...

Admissibility Of Electronic Evidence Under Bharatiya Sakshya Adhiniyam (New Evidence Act)

The Bharatiya Sakshya Adhiniyam 2023(BSB) includes "electronic and digital records" in the definition of "Document". This definition now covers a diverse range of electronic records, including emails, server logs, files stored on computers, laptops, or smartphones, text messages, website content, location data, voice mails, and messages stored on digital devices.Let's understand the...

'Writing Such Judgments Absolutely Wrong': Supreme Court Questions Calcutta HC Verdict Advising Adolescent Girls To Control Sexual Urges

The Supreme Court on Thursday (January 4) criticised a Calcutta High Court judgment which made news in December last year for cautioning girls in their adolescence to 'control their sexual urges' to prevent being deemed a 'loser' in the eyes of society “when she gives in to enjoy the sexual pleasure of hardly two minutes”. Not only did the top court find the observations 'problematic',...

Supreme Court Refuses To Quash Criminal Case Against Congress Leader Pawan Khera For Remark About PM Narendra Modi

The Supreme Court on Thursday (January 4) dismissed a plea by Congress spokesperson Pawan Khera for quashing of criminal proceedings against him over an alleged remark about Prime Minister Narendra Modi.A bench of Justices BR Gavai and Sandeep Mehta was hearing a special leave petition against an order of the Allahabad High Court refusing to quash the criminal proceedings against Khera over...