Supreme Court Annual Digest 2023 - Civil Minor Acts
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The relevant State Government has the implied power to issue a request to abolish the SAT in its state to the Union Government. The Union Government in turn has the implied power to rescind the notification by which that SAT was established, thereby abolishing the SAT. (Para 59) Orissa Administrative Tribunal Bar Association v. Union of India, 2023 LiveLaw (SC) 216 : 2023 INSC 271 [Read More]
Withdrawal From Marriage Won't Amount To Offence Of Cheating Under Section 417 IPC : Supreme Court
“We do not see how an offence even under Section 417 of IPC is made out against the present appellant. There can be multiple reasons for initiating a marriage proposal and then the proposal not reaching the desired end. There is no such evidence before the prosecution and therefore no offence under Section 417 is also made out.”, the Supreme Court said. [Read More]
Supreme Court Records SOP Suggested By Union Govt To Support Poor Prisoners
In the 2022 judgment in Satender Kumar Antil, the Court had stressed the importance of the rule "bail over jail" and issued a slew of directions to prevent unnecessary arrest and remand. [Read More]
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"The said company shall file an affidavit along with the necessary documents explaining the working of Google PIN in the context of putting a condition in the order granting bail. The issue is whether such condition infringes right to privacy," observed a bench comprising Justices Abhay S Oka and Ujjal Bhuyan. [Read More]
Justice KM Joseph Criticises Supreme Court's 'Hindutva' Judgment, Says Court May Not Have Looked At Savarkar's Version Of 'Hindutva'
In the context of Secularism in the Indian Constitution, Justice Joseph mentioned that the most important aspect about secularism in India is the political one. He analysed Section 123 of the Representation of People's Act which defines corrupt practise in elections in this regard. [Read More]