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During the hearing, an Advocate on the panel of the State of Jharkhand, has requested the Court to not summon the Chief Secretary, but Supreme Court declined the said request because the present matter has not been assigned to any counsel for the State of Jharkhand.
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by Sanjay Vashishtha† and Abhay Pratap††
Cite as: 2023 SCC OnLine Blog Exp 75
Supreme Court viewed that the Division Bench of Karnataka High Court, which was considering an appeal against a judgment of a Single Judge rejecting the writ petition, ought to have proceeded with circumspection.
“No doubt, that a conviction can be solely recorded on the basis of dying declaration. However, for doing so, the court must come to a conclusion that the dying declaration is trustworthy, reliable and one which inspires confidence.”
Since the decision in Sita Soren, decided by the Jharkhand High Court, was appealed against, the Supreme Court constituted a 7-Judge Constitution Bench.
This roundup revisits the analyses of Supreme Court’s judgments/orders on DSPE Act; HIV/AIDS guidelines; Self-respect and secular marriages; Andaman & Nicobar Islands Gang rape case; and more. It also covers Cases Reported in SCC Weekly in the month of September; Explainers on important law points; and Never reported Judgments
“The yardstick to be applied in cases where the appointment sought relates to a Law Enforcement Agency, ought to be much more stringent than those applied to a routine vacancy.”
Based on facts, the Supreme Court said that gunshots fired indiscriminately could be said to be a criminal act done by several persons in furtherance of the common intention of all.
This report covers the Supreme Court’s Never Reported Judgment dating back to the year 1952 on reciprocal promises in share transactions under the Contract Act, 1872.
“A Statute cannot be interpreted in such a manner that any provision thereof is rendered otiose.”
The Supreme Court settled that the legislative intent was not there to exclude its members or their heirs from the benefits of compensation payable under the 1923 Act or the 1989 Act.
A candidate who had secured the merit rank in 2007 in higher judicial service recruitment examination was seeking appointment to the post, alleging that the post cannot be kept vacant in arbitrary manner once a selected candidate resigns from post.
“Arbitration is a private form of dispute resolution, however, the arbitral proceedings must meet the juristic requirements of due process and procedural fairness and reasonableness, to achieve a ‘judicially’ sound and objective outcome or award”.
The Supreme Court held that the IAF and the Indian Army were vicariously liable, jointly and severally, as the former was Veteran’s immediate employer and the latter was the organization controlling and in charge of the Military Hospital
In the case at hand, because of the impugned notification, the stage carriage permit holders were required to stop at two new bus stations in Burdwan Town, instead of the old bus station where they were used to stop.
Supreme Court pointed out that the pre-trap and post-trap proceedings were duly proved by the prosecution in the instant matter through witnesses who supported the prosecution case.
The Three Judge Bench will be hearing the matter from 18-10-2023.
“It is high time that a consistent and dependable code of investigation is devised with a mandatory and detailed procedure for the police to implement and abide by during the course of their investigation so that the guilty do not walk free on technicalities, as they do in most cases in our country.”
The respondents in the instant matter constituted the borrower, guarantor and the bank (secured creditor), while the appellants were the auction purchasers.