Supreme Court Criticises Anticipatory Bail Condition That Accused Should Be Arrested After Filing Of Chargesheet

The Supreme Court recently disapproved of the Patna High Court's anticipatory bail order which imposed a condition that upon filing of the charge sheet, the trial court shall take coercive steps against the applicant, including an arrest. The bench comprising Justices Ahsanuddin Amanullah and Prashant Kumar Mishra called the imposition of such a condition to be unwarranted and instead, said that the High Court could have left it open for the trial court to take a call on taking coercive steps...

Child Victim's Silence & Tears During Examination Alone Can't Benefit Rape Accused : Supreme Court Restores Conviction After 38 Years

The Supreme Court recently criticised a judgment of the Rajasthan High Court for setting aside the conviction of a person for rape of a minor girl only on the ground that the child victim, during the cross-examination, remained silent and only shed tears.The Supreme Court expressed surprise at the manner in which the High Court, through a 6-page order, set aside the well-considered judgment of the trial court merely on the ground of silence of the child victim during examination.The High Court...

HC Bench Cannot Hear Case Without Chief Justice's Authorisation Merely Based On Consent Of Parties : Supreme Court

Adjudication beyond allocation is a nullity, the Court said, reiterating the principle that Chief Justice is the 'Master of the roster'.

Advocate Has Duty To Be Present In Court During Hearing; AORs Shouldn't Be Mere 'Name Lenders' : Supreme Court

The Supreme Court observed that an advocate's right to appear in Court is coupled with the duty yo be present in the Court at the time of hearing.The Court also reiterated that Advocates-on-Record (AORs) should not be mere “name lenders” and should effectively participate in the proceedings."A right of an Advocate to appear for a party and to practice in the courts is coupled with the duty to remain present in the court at the time of hearing, and to participate and conduct the proceedings...

Senior Advocate Can't Appear In Supreme Court Without An AOR; Non-AORs Can Argue Only If Instructed By An AOR : Supreme Court

In a judgment dealing with the appearance of advocates, the Supreme Court has held that no advocate, other than the Advocate-on-Record for a party, can appear, plead and address the Court in a matter unless he is instructed by the AOR or permitted by the Court.The Court also held that a Senior Advocate shall not appear without an AOR in the Supreme Court.A bench of Justices Bela M. Trivedi and Satish Chandra Sharma has observed that though an advocate is entitled to appear before the Supreme...

If Parties Attempt To Obtain Order By Trick, Courts Can Impose Costs For Vexatious Litigation : Supreme Court

In a recent case, the Supreme Court criticized a litigant for filing multiple petitions before the High Court while concealing the dismissal of an earlier petition. Dismissing the appeal, the Court justified the imposition of costs, and increased the penalty to ₹50,000, emphasizing that such measures are essential to deter frivolous and vexatious litigation.If the parties misuse the process and attempt to obtain an order by "trick and strategem", the Courts would be justified in imposing the...

Supreme Court Criticises HC For Refusing BAMS Degree To Student After Allowing Him To Complete Course Through Interim Orders

The Supreme Court on Tuesday (March 18) provided relief to a BAMS (Bachelor of Ayurvedic Medicine and Surgery) student to whom degree was denied on the ground that he did not meet the eligibility criteria of having studied English in 10+2 class at the time of the admission to the Course. The bench comprising Justice Sanjay Kumar and Justice A.G. Masih ordered the issuance of the BAMS...

Appearance Of Only Advocates Physically Present & Arguing In Court & One Advocate Assisting In Court Will Be Recorded: Supreme Court

Apart from the arguing Advocate, the appearance Of only one assisting Advocate can be recorded, the Court said.

Supreme Court Weekly Digest March 2025 [March 10 - 16, 2025]

Citations 2025 LiveLaw (SC) 298 to 2025 LiveLaw (SC) 310Administrative LawCompliance with Court Orders - Delay and Obstination - Harassment of Daily Wage Workers - The Supreme Court dismissed a Special Leave Petition filed by the Union Territory, observing that the case presented a "glaring and textbook example of obstination" by state officials who took 16 years to comply with a High...

Motor Accident Claims | Supreme Court Asks High Courts/Tribunals To Direct Transfer Of Compensation To Claimants' Bank Accounts

The Supreme Court today (March 18) emphasized the need for the direct transfer of motor accident claim compensation to claimants' bank accounts to minimize delays and ensure timely payments. “The general practice followed by the insurance companies, where the compensation is not disputed, is to deposit the same before the Tribunal. Instead of following that process, a direction can always...

International Commercial Arbitration | How To Determine Law Governing Arbitration Agreement? Supreme Court Discusses Tests

In a significant judgment relating to International Commercial Arbitration, the Supreme Court today (March 18) ruled that in the absence of an express law governing the arbitration agreement, the applicable law should be determined based on the parties' intentions, with a strong presumption in favor of the law governing the main contract (lex contractus). The bench comprising Chief...

Cheque Dishonour By Itself Doesn't Create S.138 NI Act Offence; It Arises On Failure To Pay After 15 Days Of Demand Notice Receipt : Supreme Court

The Supreme Court has explained that the cause of action for the offence under Section 138 of the Negotiable Instruments Act, 1881 (NI Act) arises not on the dishonour of the cheque but when the amount remains unpaid after the expiry of fifteen days following the receipt of the demand notice.The bench comprising Justice Sudhanshu Dhulia and Justice Ahsanuddin Amanullah was deciding the plea of...

Rajendra Agricultural University Statutes | Default Retiral Benefit Scheme Is Pension & Gratuity Unless Employee Specifically Opts For Contributory Provident Fund: Supreme Court

The Supreme Court ruled in favor of a retired University professor. A Bench of Justices Pamidighantam Sri Narasimha and Manoj Misra held that under the Rajendra Agricultural University Statutes, 1976, the default retiral benefit scheme is General Provident Fund-cum-pension-cum-gratuity, unless an employee specifically opts for the Contributory Provident Fund scheme. The Court set aside...

'Lalita Kumari' Judgment Doesn't Create Absolute Rule That Preliminary Enquiry Is Necessary In Every Case Before FIR : Supreme Court

The Supreme Court observed in a recent judgment that the landmark decision in Lalita Kumari v. Government of Uttar Pradesh & Ors(2014) "does not create an absolute rule that a preliminary inquiry must be conducted in every case before the registration of an FIR."The Court added that the Lalita Kumari decision reaffirmed "the settled principle that the police authorities are obligated...

No S.138 NI Act Case Against Ex-Director Of Company When Cause Of Action Arose After IBC Moratorium Was Declared: Supreme Court

The Supreme Court held that if the cause of action for the offence of cheque dishonour under Section 138 of the Negotiable Instruments Act, 1881 (NI Act) has arisen after the declaration of moratorium with respect to the company as per the Insolvency & Bankruptcy Code, 2016 (IBC), then the proceedings under S.138 NI Act cannot be continued against the ex-director of the company. The...

PMLA | Money Laundering Offence Continues So Long As Proceeds Of Crime Are Concealed, Used Or Projected As Untainted : Supreme Court

The judgment also called for a stricter approach by Courts at pre-trial stage in PMLA cases given the grave consequences of the offence.

Auroville Residents Have No Right To Be Part Of Council/Committee Formed By Foundation's Governing Body : Supreme Court

The Residents' Assembly can only advise and make recommendations to the Governing Body of the Auroville Foundation, the Court held.

Supreme Court Sets Aside NGT Bar On Auroville Township Project, Says Development Equally Important As Environment Protection

The Supreme Court on Monday (March 17) set aside the order of the National Green Tribunal which barred the Auroville Foundation from developmental activities in their township in Puducherry.A bench comprising Justice Bela M Trivedi and Justice Prasanna B Varale allowed the appeal filed by Auroville Foundation against the order passed by the NGT Southern Zone Bench in April 2022, which barred...

Supreme Court Rejects Bail Plea Of Former Gujarat IAS Officer Pradeep Sharma In 2023 Illegal Land Allotment Case

The Supreme Court today(Monday) rejected bail to retired IAS officer Pradeep Nirankarnath Sharma in connection to a 2023 illegal land allotment case lodged at Bhuj in Kutch.Sharma is accused of corruption and criminal breach of trust for alleged illegal allotment of government land for monetary benefits as the then-collector of Kutch district. The FIR against him was lodged in 2023 under...

Supreme Court Annual Digest 2024: Subject-Wise Index

Subject-wise Index - AdministrationIn public law proceedings, when it is realised that the prayer in the writ petition is unattainable due to passage of time, constitutional courts may not dismiss the writ proceedings on the ground of their perceived futility. In the life of litigation, passage of time can stand both as an ally and adversary. Our duty is to transcend the constraints of time...