2023 SCC Vol. 8 Part 1
Advocates — Senior Advocates — Designation of: Guidelines issued by Supreme Court in Indira Jaising, (2017) 9 SCC 766 for greater objectivity
Supreme Court
Supreme Court 5-Judge Bench seeks Union’s view on question of validity of LMV license for transport vehicles of specific class
Supreme Court left it to the Union Government to determine whether a change in law was warranted through diverse considerations falling within its remit during policy making choices and decisions.
Prof. (Dr.) Harpreet Kaur appointed as the Vice Chancellor of NLUJ
Reported by Hemang Mankar
Overloading includes “unauthorised use of electricity” under Electricity Act; Delhi High Court reiterates
In Southern Electricity Supply Co. of Orissa Ltd. v. Sri Seetaram Rice Mill, (2012) 2 SCC 108, Supreme Court held that where a consumer has used excessive load as against the installed load simpliciter and there is violation of the terms and conditions of supply, then, the case would fall under Section 126 of Electricity Act, 2003.
SC explains Object and Purpose of inclusion of Sec. 10-A of MMDR Act by MMDR Amendment Act, 2015
“Section 10A(1) of the Mines and Minerals (Development and Regulation) Act, 1957 mandates that all applications received prior to 12-01-2015 shall become ineligible”.
Explained | Supreme Court’s verdict on evidentiary value of disclosure statements under S.27 of Evidence Act
Supreme Court said that admissibility and credibility are two distinct aspects, and the latter is really a matter of evaluation of other available evidence.
Never Reported Judgment | When Supreme Court relied on the testimony of injured eyewitnesses present at the spot in close proximity, for identification of the accused persons [(1952) 1 SCC 404]
This report covers the Supreme Court’s Never Reported Judgment dating back to the year 1952 on the credibility of injured eyewitnesses.
Landmark Judgments on SEBI By Supreme Court & High Courts in 2022 PART I
by Siddharth R. Gupta*
Cite as: 2023 SCC OnLine Blog Exp 72
Physical education and Library Personnel in Karnataka Government Grade Colleges drawing UGC pay scales of 1996 entitled to other government benefits: Supreme Court
Supreme Court expressed that since the benefit was granted in further cases, the appellants could not be denied the same. However, the directions for application of instant judgment were kept very specific by the Court.
RBI’s Amalgamation Scheme aimed at securing larger public interest and banking industry’s health: Supreme Court
Supreme Court clarified that Clause 3(3) of amalgamation scheme does mention regarding continuation of legal proceedings by or against a transferee bank, but such amalgamation is aimed at securing larger public interest.
SC acquits murder convict on ground of insanity; Sets aside HC’s life sentence verdict for murdering grandfather
“If the conclusion of the Trial Court is a plausible one, merely because another view is possible on reappreciation of evidence, the Appellate Court should not disturb the findings of acquittal and substitute its own findings to convict the accused”.
What is the ambit of “Commercial Purpose” defined under Consumer Protection Act?: Supreme Court answers
Supreme Court, while going by the ordinary meaning of ‘commercial purpose’, said that ‘Commercial’ denotes “pertaining to commerce”. However, the Explanation clarifies that even purchases in certain situations for ‘commercial purposes’ would not take within its sweep the purchaser out of the definition of expression ‘consumer’
Duty of police to produce imprisoned accused before Court; accused cannot be blamed for negligence by police: Supreme Court
Supreme Court noted that the bail application was rejected as the accused did not appear before the Trial Court.
Breaking down Supreme Court’s explanation on grant of divorce on grounds of ‘cruelty’ under Hindu Marriage Act
“What is cruelty for a woman, may not be cruelty for a man, and hence, a more elastic and broad approach is required when a wife seeks divorce.”
Onus of proof in disciplinary proceedings depends on nature of charge and explanation put forth by Employee: SC
“If the records of the enquiry officer reveal that the findings are based on some evidence, it is not the function of the Court in a judicial review to re-appreciate the same and arrive at an independent finding on the evidence”.
Supreme Court upholds JKNC’s entitlement to plough symbol; discusses High Court’s powers to decide matters touching various tangents
“It would not be out of place to mention that this Court can even turn the clock back, if the situation warrants such dire measures.” said the Supreme Court while deciding instant matter after elections were already conducted.
Section 6A of DSPE Act unconstitutional from date of insertion: Supreme Court Constitution Bench
Supreme Court also clarified that Section 6A of the DSPE Act is a part of the procedure only, in the form of protection to the senior government servants and does not constitute any new offence or sentence.
Whether debt was barred by limitation or not in cheque bounce cases, is a question of evidence: SC
“The question of debt barred by limitation is to be decided on basis of evidence as, limitation is a mixed question of law and fact”.