Complete Supreme Court Yearly Digest Part-7

Insolvency and Bankruptcy Code, 2016Insolvency and Bankruptcy Code, 2016 - Appeal challenging NCLAT order which reversed the order of the NCLT wherein it had held that the application under Section 9 of the Insolvency and Bankruptcy Code, 2016 was not time-barred - Allowed - The failure of the NCLAT as the first appellate authority to look into a very vital aspect such as this, vitiates...

Complete Supreme Court Yearly Digest Part-6

ElectricityElectricity - A basic amenity of which a person cannot be deprived - Electricity cannot be declined to a tenant on the ground of failure/refusal of the landlord to issue no objection certificate. All that the electricity supply authority is required to examine is whether the applicant for electricity connection is in occupation of the premises in question. Dilip v. Satish, 2022...

Complete Supreme Court Yearly Digest Part-5

Constitution of Special CourtsConstitution of Special Courts - The State and Central Governments will have to comply with the directions issued by this Court from time to time with respect to constitution of special courts. The High Court in consultation with the State Governments will have to undertake an exercise on the need for the special courts. The vacancies in the position of...

Complete Supreme Court Yearly Digest Part-4

Commercial Courts Act, 2015Commercial Courts Act, 2015 - Mediation lightens the load of the judges- Section 12A contemplated only for a class of suits not requiring urgent relief- suits which contemplate urgent interim relief, the Law-giver has carefully vouch-safed immediate access to justice as contemplated ordinarily through the courts. The carving out of a class of suits and selecting...

Complete Supreme Court Yearly Digest Part-3

Code of Criminal Procedure 1973Code of Criminal Procedure, 1973 - Appeal against High Court order setting aside criminal proceedings on the ground that taking cognizance by magistrate was barred by limitation - Allowed - The High Court made a fundamental error in assuming that the date of taking cognizance i.e., 04.12.2012 is decisive of the matter, while ignoring the fact that the...

Complete Supreme Court Yearly Digest 2022- Part-2

Code of Civil Procedure, 1908Code of Civil Procedure, 1908; The rules of procedure are essentially intended to subserve the cause of justice and are not for punishment of the parties in conduct of the proceedings. (Para 26.1) Prakash Corporates v. Dee Vee Projects Ltd., 2022 LiveLaw (SC) 162 : AIR 2022 SC 946 : (2022) 5 SCC 112Dominus LitusCode of Civil Procedure, 1908 - Plaintiff is...

Complete Supreme Court Yearly Digest 2022 Part-1

AAadhaarAadhaar Act 2016 - UIDAI directed to issue Aadhaar cards to sex workers without insisting proof of residence. Budhadev Karmaskar v. State of West Bengal, 2022 LiveLaw (SC) 525Act of GodAct of God - Meaning - When nothing of any external natural force had been in operation in a violent or sudden manner, the event of the fire in question could be referable to anything but to an act of...

Hindu Law: High Courts Digest 2022

LiveLaw brings to you the most awaited High Court Digest on Hindu personal law cases from the year 2022.Allahabad High Court"Marriage Certificate Not Necessary For Adopting A Child": Allahabad HC In Transgender Person's Plea Seeking Marriage RegistrationCase title - Rina Kinnar And Another v. State of U.P. and AnotherCase Citation: 2022 LiveLaw (AB) 55The High Court has observed that for...

Supreme Court Annual Digest 2022-Practice & Procedure

Practice & Procedure - Party having the right of consideration of appeal does not have any corresponding right to insist for consideration of the appeal by a forum which is no longer in existence. Abhyudaya Kumar Shahi v. Bharat Pradhan Filling Centre, 2022 LiveLaw (SC) 625 : (2022) 6 SCC 522Practice and Procedure - Adverse remarks made by Rajasthan HC against a Sessions Judge set aside -...

Supreme Court Annual Criminal Law Digest 2022

AAnticipatory BailAnticipatory Bail - SLP Against Madras HC Judgment dismissing anticipatory bail with some observations about requirement of custodial interrogation- Dismissed - High Court, after having found no case for grant of pre-arrest bail, has otherwise not given any such direction of mandatory nature - Observations are essentially of the reasons assigned by the High Court in...

Supreme Court Annual Digest 2022- Domestic Violence Act, 2005

Protection of Women from Domestic Violence Act, 2005Protection of Women from Domestic Violence Act, 2005 - Appeal against the Madras HC judgment which quashed proceedings under Domestic Violence Act on the ground of limitation - Allowed - High Court was in error in observing that the application under Section 12 of the Act ought to have been filed within a period of one year of the alleged...

Supreme Court Yearly Digest 2022- POCSO Act

Protection of Child from Sexual Offences Act, 2012 Protection of Children From Sexual Offences Act, 2012 - Any act of sexual assault or sexual harassment to the children should be viewed very seriously and all such offences of sexual assault, sexual harassment on the children have to be dealt with in a stringent manner - Cases of sexual assault or sexual harassment on the...