Supreme Court Annual Digest 2024: Service Law

SERVICE LAWS - SUPREME COURT ANNUAL DIGEST 2024AdministrationConstitution of India - Article 16(1), 16(4) and 335 - Efficiency of Administration - Article 335 does not limit sub-classification; rather, it reinforces the importance of inclusion and equality in public services in line with Article 16(1). State of Punjab v. Davinder Singh, 2024 LiveLaw (SC) 538In public law proceedings, when it...

Supreme Court Monthly Digest- December 2024 With Statute And Subject Wise Index

AcquittalCourt, while acquitting the accused, cannot order that he must be subjected to re-investigation for the same offence. P. Manikandan v. Central Bureau of Investigation, 2024 LiveLaw (SC) 1018AdvocateThe appeal challenges adverse remarks made by the High Court against the appellant, a lawyer who was neither representing any party nor connected to the matter. The Supreme Court noted...

Supreme Court Annual Digest 2024: Prevention of Money Laundering Act, 2002

Whether the High Court was justified in quashing the summons issued to the respondent merely on the premise that the respondent was discharged in the predicate offence. The permissibility of continuing proceedings under the PMLA, despite the discharge in the predicate offence. Held, the issuance of summons cannot be quashed solely because the respondent has been discharged in the...

Supreme Court Annual Digest 2024: BSA & Evidence Act

BHARATIYA SAKSHYA ADHINIYAM, 2023, (BSA) and THE INDIAN EVIDENCE ACT, 1872, (IEA) - SUPREME COURT ANNUAL DIGEST 2024CORRESPONDING SECTIONS and COMPARISON SUMMARYAppreciation of EvidenceThe High Court fails to appreciate evidence in a thorough manner and merely relied on a limited set of facts to arrive at a finding. In an appeal, as much as in a trial, appreciation of evidence...

Supreme Court Annual Digest 2024 - Constitution Of India

Constitution of IndiaArticle 8 - The Court clarified that when a person acquires a foreign citizenship, the cessation of Indian citizenship happens by operation of law by virtue of Section 9 of the Citizenship Act. Hence, such cessation of citizenship cannot be regarded as voluntary. Therefore, children of such persons cannot seek to resume Indian citizenship under Section 8(2) of the...

Supreme Court Annual Digest 2024: BNSS & Cr.PC

BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 | SUPREME COURT ANNUAL DIGEST 2024CORRESPONDING CR.P.C. SECTIONS and COMPARISON SUMMARY of The BHARATIYA NAGARIK SURAKSHA SANHITA, 2023, (BNSS) and The CODE OF CRIMINAL PROCEDURE, 1973, (CrPC)Section 35 - When police may arrest without warrant[A new subsection 7 is added: “No arrest shall be made without prior permission of an officer not below the...

Supreme Court Monthly Digest- November 2024 With Statute And Subject Wise Index

Adverse PossessionThe dispute involved the ownership and possession of land claimed by the respondents (plaintiffs) based on revenue records and challenged by the appellants (State of Haryana and PWD) on the grounds of adverse possession. The Supreme Court upheld the title of the plaintiffs, based on jamabandi entries, registered sale deeds, and mutation records, which carried a presumption...

Supreme Court Annual Digest 2024 - Advocates & Bar Councils

AdvocateAdvocates-on-Record can mark the appearances of only those advocates who are authorized to appear and argue the case on a particular day of hearing. Bhagwan Singh v. State of U.P., 2024 LiveLaw (SC) 722 : AIR 2024 SC 4785After the change of power from one political party to another, the States/Union Territories are changing their panel of Advocates appearing in the Court. The Court...

Supreme Court Annual Digest 2024- Code Of Civil Procedure (CPC)

SUPREME COURT ANNUAL DIGEST 2024 - CODE OF CIVIL PROCEDURE, 1908Section 9 and Order 7 Rule 1 - Jurisdictional Fact and Maintainability of Suit - The issue of maintainability of a suit pertains to the jurisdiction of the trial court and strikes at the root of the proceedings under Order VII Rule 1, CPC. A suit barred by law renders the trial court incompetent to entertain it. Even if a case is...

Delivery Boy To Civil Judge – A Story That Inspires

The life trail of Advocate Yaseen Shan Muhammed who came second in the Kerala Judicial Services Examinations 2024 and qualified to be a Civil Judge is truly inspirational. The key to his success, according to Yaseen, is sheer determination and hard work. Turning the pages of Yaseen's book of life would give hope to many who feel that their future is bleak, dumped and depressed. LiveLaw...

Supreme Court Yearly Digest 2024: Negotiable Instruments Act, 1881

Director of the company not responsible for its day-to-day affairs cannot be held liable for dishonour of cheque. (Para 10) Susela Padmavathy Amma v. Bharti Airtel Ltd., 2024 LiveLaw (SC) 237Section 138 – Maintainability of suit – Criminal law can be set in motion by anyone, even by a stranger or legal heir. A complaint under Section 138, preferred by the Power of Attorney Holder is...

Supreme Court Monthly Digest- October 2024 With Statute And Subject Wise Index

AdvocateSupreme Court deprecates practice of litigant engaging new lawyer to reargue case after court expressed dissatisfaction on merits. Pintu Madanmohan Mondal v. State of West Bengal, 2024 LiveLaw (SC) 850Airport Economic Regulatory Authority of India Act 2008The Supreme Court upheld the maintainability of appeals filed by Airports Economic Regulatory Authority (AERA) assailing orders of...