1) Whether the court can direct police to arrest accused while rejecting anticipatory bail application of accused?
There is no quarrel with the proposition that ordinarily, no
such mandatory order or directions should be issued while rejecting the application for pre-arrest bail that the accused person has to be arrested; and such an aspect is required to be left for the investigating agency to examine, and to take such steps as may be permissible in law and as may be required.
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition for Special Leave to Appeal (Crl.) No. 2693/2022
S. SENTHIL KUMAR Vs STATE OF TAMILNADU
This petition was called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE DINESH MAHESHWARI
HON'BLE MR. JUSTICE ANIRUDDHA BOSE
Date : 24-03-2022
https://www.lawweb.in/2022/07/whether-court-can-direct-police-to.html
2) Supreme Court: Court should avoid Shortcut approach and give findings on all issues
8.4. Therefore, the courts should adjudicate on all the issues and give its findings on all the issues and not to pronounce the judgment only on one of the issues. As such it is the duty cast upon the courts to adjudicate on all the issues and pronounce the judgment on all the issues rather than adopting a shortcut approach and pronouncing the judgment on only one issue. By such a practice, it would increase the burden on the appellate court and in many cases if the decision on the issue decided is found to be erroneous and on other issues there is no adjudication and no findings recorded by the court, the appellate court will have no option but to remand the matter for its fresh decision. Therefore, to avoid such an eventuality, the courts have to adjudicate on all the issues raised in a case and render findings and the judgment on all the issues involved.
IN THE SUPREME COURT OF INDIA
Civil Appeal Nos. 1345-1346 and 1347-1374 of 2022
Decided On: 22.03.2022
The Agricultural Produce Marketing Committee, Bangalore Vs.
The State of Karnataka and Ors.
Hon'ble Judges/Coram:
M.R. Shah and B.V. Nagarathna, JJ.
Author: M.R. Shah, J.
Citation: MANU/SC/0344/2022
https://www.lawweb.in/2022/07/supreme-court-court-should-avoid.html
3) Supreme Court: Court should not grant an injunction in case of tender of infrastructure project; Instead, Relegate Party To Seek Damages
26. A word of caution ought to be mentioned herein that any contract of public service should not be interfered with lightly and in any case, there should not be any interim order derailing the entire process of the services meant for larger public good. The grant of interim injunction by the learned Single Bench of the High Court has helped no-one except a contractor who lost a contract bid and has only caused loss to the State with no corresponding gain to anyone.
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. 1846 OF 2022
M/S. N.G. PROJECTS LIMITED VERSUS M/S. VINOD KUMAR JAIN & ORS.
Coram: HEMANT GUPTA; V. RAMASUBRAMANIAN, JJ.
HEMANT GUPTA, J.
Dated: MARCH 21, 2022
https://www.lawweb.in/2022/07/supreme-court-court-should-not-grant.html
4) Under which circumstances the court can cancel the bail of the accused even if he has not misused the bail granted to him?
IN THE SUPREME COURT OF INDIA
Criminal Appeal No. 861 of 2022
Decided On: 20.05.2022
Deepak Yadav Vs. State of U.P. and Ors.
Hon'ble Judges/Coram:
N.V. Ramana, C.J.I., Krishna Murari and Hima Kohli, JJ.
Author: Krishna Murari, J.
Citation: MANU/SC/0703/2022
https://www.lawweb.in/2022/07/under-which-circumstances-court-can.html
5) Supreme court direction to trial court for drawing up the final decree suo motu
IN THE SUPREME COURT OF INDIA
Civil Appeal Nos. 6406-6407 of 2010
Kattukandi Edathil Krishnan and Ors. Vs. Kattukandi Edathil Valsan and Ors.
Hon'ble Judges/Coram:
S. Abdul Nazeer and Vikram Nath, JJ.
Author: S. Abdul Nazeer, J.
Decided On: 13.06.2022
https://www.lawweb.in/2022/07/supreme-court-direction-to-trial-court.html
6) SC: In case of overlapping policies, Courts should adopt a careful approach in considering policy which seeks to exclude liability on part of the insurer
What is in issue in this present case has been characterized as “double insurance”, i.e., where an entity seeks to cover risks for the same or similar incidents through two different - overlapping policies. There is a wealth of international jurisprudence on the various nuances of double insurance. Such double insurance is per se not frowned upon in law. The courts however, adopt a
careful approach in considering policies which seeks to exclude liability on the part of the insurer. {Para 45}
REPORTABLE
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. 2955 OF 2022
UNITED INDIA INSURANCE CO. LTD. Vs LEVIS STRAUSS (INDIA) PVT. LTD.
Author: S. RAVINDRA BHAT, J.
Dated: MAY 02, 2022.
https://www.lawweb.in/2022/07/sc-in-case-of-overlapping-policies.html
7) Whether landlord is deemed to have waived the termination of lease if he accepts rent from tenant after expiry of period of lease?
In view of the evidence thus obtained and taking
into account the decision in Shanti Prasad Devi’s case
(supra) the High Court held that mere acceptance of the
rent by the landlord after the expiry of the period of
lease would not amount to waiver of the termination of
lease.
12. In view of the above conclusion this Special Leave
Petition must fail as it is devoid of merits.
IN THE SUPREME COURT OF INDIA
CIVIL ORIGINAL JURISDICTION
PETITION FOR SPECIAL LEAVE TO APPEAL (C) NO.10700 OF 2022
SRI K.M. MANJUNATH Vs SRI ERAPPA. G DEAD THROUGH LRS.
Dated: June 24, 2022.
https://www.lawweb.in/2022/07/whether-landlord-is-deemed-to-have.html
8) Whether accused must prove right to private defence beyond reasonable doubt?
To sum up, the right of private defence is necessarily a defensive right which is available only when the circumstances so justify it. The circumstances are those that have been elaborated in the IPC. Such a right would be available to the accused when he or his property is faced with a danger and there is little scope of the State machinery coming to his aid. At the same time, the courts must keep in mind that the extent of the violence used by the accused for defending himself or his property should be in proportion to the injury apprehended.
In the Supreme Court of India
(Before B.R. Gavai and Hima Kohli, JJ.)
Ex. Ct. Mahadev Vs Director General, Boarder Security Force and Others.
Civil Appeal No. 2606 of 2012
Decided on June 14, 2022
Citation: 2022 SCC OnLine SC 739
https://www.lawweb.in/2022/06/whether-accused-must-prove-right-to.html
9) Can the court convict the accused even if the weapon of offence is not seized?
Similarly, assuming that the recovery of the weapon used is not established or proved also cannot be a ground to acquit the accused when there is a direct evidence of the eye witness. Recovery of the weapon used in the commission of the offence is not a sine qua non to convict the accused. If there is a direct evidence in the form of eye witness, even in the absence of recovery of weapon, the accused can be convicted. S
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NOS. 1750-1751 OF 2022;
State Vs Laly @ Manikandan & Another Etc.
Coram: M.R. SHAH; J., KRISHNA MURARI; J.
Dated; OCTOBER 14, 2022.
https://www.lawweb.in/2022/10/can-court-convict-accused-even-if.html
10) Whether principle of estoppel can override the law?
It is settled principle that principle of estoppel cannot override the law. The manual duly approved by the Executive Council will prevail over any such principle of estoppel or acquiescence.
31. Further in the case of Tata Chemicals Ltd. Vs. Commissioner of Customs (preventive), Jamnagar8, it has been laid down that there can be no estoppel against law. If the law requires something to be done in a particular manner, then it must be done in that manner, and if it is not done in that manner, then it would have no existence in the eye of the law.
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
Civil Appeal Nos. 45784580 of 2022
KRISHNA RAI (Dead) THROUGH LRs & ORS. Vs BANARAS HINDU UNIVERSITY THROUGH REGISTRAR & ORS.
Coram: DINESH MAHESHWARI; VIKRAM NATH, JJ.
Author: Vikram Nath, J.
Dated: JUNE 16, 2022
https://www.lawweb.in/2022/06/whether-principle-of-estoppel-can.html
11) Can the court recall the prosecution witness if he has given a different statement in another case?
Code of Criminal Procedure 1973; Section 311 - Merely because a different statement given by the same prosecution witness in another case that itself would not be a reason for recalling the witness.
IN THE SUPREME COURT OF INDIA
Coram: C.T. RAVIKUMAR; SUDHANSHU DHULIA, JJ.
Special Leave to Appeal (Crl.) No(s). 5647/2022;
Dated: 21-06-2022
SAUD FAISAL Vs STATE OF UTTAR PRADESH & ANR.
12) Whether Supreme Court order on the extension of limitation dated January 10, 2022, applies to Commercial courts Act proceedings?
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. OF 2022
(@ Special Leave Petition (C) No. 2522/2022)
BABASAHEB RAOSAHEB KOBARNE & ANR. Vs PYROTEK INDIA PRIVATE LIMITED & ORS.
Dated: MAY 09, 2022
https://www.lawweb.in/2022/05/whether-supreme-court-order-on.html
13) Highlights of Prabha Tyagi Vs. Kamlesh Devi case on domestic violence
IN THE SUPREME COURT OF INDIA
Criminal Appeal No. 511 of 2022
Prabha Tyagi Vs. Kamlesh Devi
Hon'ble Judges/Coram:
M.R. Shah and B.V. Nagarathna, JJ.
Author: B.V. Nagarathna, J.
Decided On: 12.05.2022
Citation: MANU/SC/0631/2022
https://www.lawweb.in/2022/05/highlights-of-prabha-tyagi-vs-kamlesh.html
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