Latest Reported Judgements

1. Pulen Phukan VS State of Assam - 28 Mar 23

(1) Crime investigation – Job of prosecution is not to accept complainant’s version as Gospel Truth and proceed in that direction but investigation must be made in a fair and transparent manner and must ascertain truth.(2) If investigation is unfair and tainted then it is duty of Trial Court to get clarifications on all aspects.

India - Supreme Court

2. Abhishek Singh VS Huhtamaki PPL Ltd. - 28 Mar 23

(1) Plea of alternative remedy is a self-imposed restriction by superior Courts and is never an absolute bar unless barred by statute.(2) Application under Section 12A of Insolvency and Bankruptcy Code, 2016 for withdrawal of Corporate Insolvency Resolution Process cannot be kept pending for constitution of CoC, even where such application was filed before constitution of CoC.

India - Supreme Court

3. State Bank of India VS Rajesh Agarwal - 27 Mar 23

(1) Loan frauds – Consistent with the principles of natural justice, lender banks should provide opportunity to a borrower by furnishing a copy of audit reports and allow borrower a reasonable opportunity to submit a representation before classifying account as fraud – Civil consequences which follow upon a classification of a borrower’s account as fraud are serious and prejudicial to interests of a borrower.(2) Natural Justice – Applicability – Principles of natural justice are not applicable at stage of reporting a criminal offence – Rule of audi alteram partem applies to administrative actions, apart from judicial and quasi-judicial functions – It is mandatory to provide for opportunity of being heard when an administrative action results in civil consequences to a person or entity.

India - Supreme Court

4. Swetab Kumar VS Ministry of Environment, Forest and Climate Change - 27 Mar 23

Amendment Act cannot post facto criminalize possession.

India - Supreme Court

5. Chairman & Managing Director, City Union Bank Ltd. VS R. Chandramohan - 27 Mar 23

Proceedings before Commission being summary in nature, complaints involving highly disputed questions of facts or cases involving tortious acts or criminality like fraud or cheating, could not be decided by Forum/Commission under Consumer Protection Act--Deficiency in service has to be distinguished from criminal acts or tortious acts.

India - Supreme Court

6. State of Odisha VS Radheshyam Agrawal - 24 Mar 23

Government Contract – Levy of penalty while granting extension of time is wholly without authority of law and is illegal.

India - Supreme Court

7. Hemantbhai Balvantbhai Patel VS State of Gujarat - 24 Mar 23

Where dispute is between mother on one side and son and grandson on other side, with consent of respective parties, criminal proceedings can be quashed in exercise of powers under Article 142 of Constitution of India.

India - Supreme Court

8. Arup Bhuyan VS State of Assam - 24 Mar 23

(1) Once an association is declared unlawful of whom concerned person was member wishes to continue as a member despite the fact that he is well aware of fact that such an association is declared unlawful and if he still wishes to continue being a part of such unlawful association it shows a conscious decision on his part and liable to be penalized for such an act of continuation of his membership with such unlawful association.(2) Under Indian law, it is not membership of political organizations etc. or free speech or criticism of government that is sought to be banned, it is only those organizations which aim to compromise sovereignty and integrity of India and have been notified to be such and unlawful, whose membership is prohibited.(3) Right to freedom of speech is subject to reasonable restrictions and is not an absolute right.

India - Supreme Court

9. In Re: Contagion of Covid-19 Virus in Prisons And Director General (Prisons) VS . - 24 Mar 23

Corona Pandemic – Now when COVID-19 situation has now been normalized, all those undertrials/convicts who have been released on Emergency Parole/Interim Bail pursuant to recommendation of High-Powered Committee, in compliance of Orders dated 23.03.2020, 07.05.2021 and 16.07.2021 passed by this Court in Suo Moto Writ Petition No.01/2020 have to surrender before concerned prison authorities within 15 days.

India - Supreme Court

10. Jagtar Singh VS State of Punjab - 23 Mar 23

Illegal gratification – Conviction and sentence cannot be based on mere assumption.

India - Supreme Court

Latest Law News

1. No Place For Violent Action To Resist Govt Policy In Democracy: Delhi High Court Frames Charges Against Sharjeel Imam, Others In Jamia Violence Case

India - Live Law - Indian Legal News - 28 Mar 23

2. Mohammed Faizal's Lok Sabha membership restored ahead of SC hearing

India - Hindustan Times - 29 Mar 23

3. Shortly before Supreme Court hearing, Lakshadweep MP Mohammed Faizal’s membership to Lok Sabha restored

India - The Indian Express - 29 Mar 23

4. PM Modi Attacks Opposition Parties, Says All Those Deep in Corruption...

India - News18 - 28 Mar 23

5. UP Nikay Chunav Date Highlight: यूपी निकाय चुनाव की तैयारी तेज, जारी होगी आरक्षण की लिस्ट, BSP हुई एक्टिव

India - ABP न्यूज़ - 29 Mar 23

6. UP Nikay Chunav: निकाय चुनाव के लिए कब जारी होगा नोटिफिकेशन? यूपी सरकार में मंत्री एके शर्मा ने दी अहम जानकारी

India - ABP न्यूज़ - 29 Mar 23

7. Supreme Court: अयोग्यता के खिलाफ सांसद की याचिका पर सुप्रीम कोर्ट का सवाल- इसमें कौन सा मौलिक अधिकार प्रभावित हो रहा है?

India - ABP न्यूज़ - 28 Mar 23

8. Edappadi Palaniswami declared AIADMK general secretary

India - The Hindu - 28 Mar 23

9. Madras HC rejects OPS plea, verdict paves way for Palaniswami as AIADMK boss

India - Hindustan Times - 28 Mar 23

10. Fomer MP Atiq Ahmed gets life imprisonment in 2006 Umesh Pal abduction case

India - The Hindu - 28 Mar 23