SC issues notice in SLP against Calcutta HC judgment on Amendment of plaint in pre-2002 suits
The petitioners also prayed for grant of ad interim ex parte stay of the operation of the Impugned judgment.
Supreme Court
[Bilkis Bano Gang rape case] Supreme Court indicates factors to be considered while entertaining application for remission under CrPC
The Gujarat Government had released the 11 convicts on 15-08-2023 as the convicts have completed 14 years sentence in prison and due to their good behavior. Aggrieved by this, Bilkis Bano filed a petition against the premature release of the convicts.
Inside Supreme Court’s verdict on premature release of 11 convicts in Bilkis Bano gang rape case
“A woman deserves respect howsoever high or low she may be otherwise considered in society or to whatever faith she may follow or any creed she may belong to”
Special Courts not barred to try offences pending against former MPs/MLAs: Delhi High Court
“Petitioner is a former MLA and the argument that he has ceased to be an MLA at time of commission of alleged offence, cannot be a bar to his case being tried by the Special Court, constituted to deal with criminal cases pending against MPs/MLAs.”
‘Set-off inapplicable to CIRP under IBC’; Supreme Court verdict on Right to claim Set-off in Corporate Insolvency Resolution Process, explained
“If a Resolution Professional proceeds in terms of Section 25 of the IBC and secures the assets from the creditors, the creditors would not be entitled to claim set-off during the course of the Corporate Insolvency Resolution Process.”
LIFE Mission Corruption Case| Supreme Court extends interim bail granted to CM Pinarayi Vijayan’s former principal secretary IAS M. Sivasankar
Enforcement Directorate had arrested IAS M. Sivasankar in February 2023.
2013 Narendra Dabholkar Murder | SC refuses to interfere with Bombay HC’s order discontinuing Court monitored probe
Bombay High Court had discontinued the Court monitored probe into 2013 murder of physician and activist Narendra Dabholkar.
Supreme Court sets aside Gujarat Government’s decision to grant remission to 11 convicts in Bilkis Bano gang rape case
Bilkis Bano was 21 years old and five months pregnant when she was gang raped. She saw 14 of her family members being killed, including her 3-year-old daughter, in the 2002 Gujarat riots that broke out after the Godhra train burning.
Never Reported Judgment | Claim of adverse possession cannot be sustained on basis of discontinuous and irregular acts [(1952) 2 SCC 468]
This report covers the Supreme Court’s Never Reported Judgment dating back to the year 1952 on claim of adverse possession.
Supreme Court sets aside Delhi High Court order granting default bail to man accused under UAPA
Supreme court said that offences involving terrorist activities having not only Pan India impact but also impact on other enemy States, should not have been taken so lightly.
Directions by HCs to enact rules on post-retirement benefits by writ of mandamus or otherwise is contrary to Separation of Power: SC
“The Chief Justice does not have the power, under Article 229, to make rules pertaining to the post-retiral benefits payable to former Chief Justices and Judges of the High Court”.
Standard Operating Procedure framed by Supreme Court on summoning of government officials: All you need to know
“The use of the power to summon the presence of Government Officials must not be used as a tool to pressurize the Government, particularly, under the threat of contempt.”
Appointment can’t be denied over Trivial and Bonafide error in DOB; SC directs State to treat Police Constable Applicant as “Passed”
The exception for trivial errors or omissions is based on the reason that ‘law does not concern itself with trifles’, based on the legal maxim- ‘De minimis non curat lex’.
Explained| Supreme Court’s verdict on relevant date for determining candidate’s eligibility under Haryana Civil Service (Executive Branch) Rules
Supreme Court said that the officers of the Haryana Civil Service must be free from both ongoing and contemplated disciplinary proceedings to be eligible under Rule 9(1)(a)(iii).
No ground to transfer investigation from SEBI to SIT: Supreme Court in Adani-Hindenburg Case Verdict
Supreme Court expressed that “The power to transfer investigation must be exercised in exceptional circumstances. Such powers cannot be exercised in the absence of cogent justifications.”
Cancellation of Deed is arbitrable being an action in personam: Supreme Court’s verdict explained
The appellant had raised an objection raised on application of Section 8 of the Arbitration Act, that ‘the cancellation of a document relating to immovable property i.e. land was sought and therefore it amounts to an action in rem and hence, the matter was non-arbitrable.’
Supreme Court seeks Centre’s report on implementation of Automatic Train Protection System in Railways
An indigenous Automatic Train Protection System, ‘Kavach’ was announced by the government in the 2022 Union budget as part of Atmanirbhar Bharat initiative.
50 Landmark Supreme Court Judgments of 2023: The Year of 1067 Judgments; 14 Appointments; and Important Initiatives
2023 was the year of landmark decisions, it kickstarted with Demonetisation verdict; Appointment of Election Commissioners; same sex marriage verdict and went onto settling the tussle between Delhi LG and CM. The mega Maharashtra political crisis was also decided and finally the decision on Abrogation of Article 370 was pronounced.
Never Reported Judgment| Compromise between parties is not termination of proceedings in a suit for malicious prosecution [(1952) 2 SCC 446]
This report covers the Supreme Court’s Never Reported Judgment dating back to the year 1952 on malicious prosecution.