Supreme Court Weekly Round-Up (12 August-17 August, 2024)

Update: 2024-08-20 04:58 GMT
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Live Law has got you covered with all the latest updates of this last week. This digest aims to inform you about the latest judgments, orders, and Public Interest Litigations (PILs) filed in the Supreme Court during the past week and the updates of the Constitution Bench hearing on the taxation matter of mineral-bearing lands, providing a succinct overview.Judgments/...

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Live Law has got you covered with all the latest updates of this last week. This digest aims to inform you about the latest judgments, orders, and Public Interest Litigations (PILs) filed in the Supreme Court during the past week and the updates of the Constitution Bench hearing on the taxation matter of mineral-bearing lands, providing a succinct overview.

Judgments/ Orders

BREAKING| Supreme Court Dismisses Plea Challenging Decision To Hold UGC-NET Re-test On Aug 21

Case Details: PARVEEN DABAS AND ORS. Versus MINISTRY OF EDUCATION AND ORS. W.P.(C) No. 498/2024

The Supreme Court dismissed a petition challenging the decision to hold a re-examination for the UGC-NET exam. The petitioners challenged the decision taken by the authorities to cancel the previous UGC-NET exam held on June 18 and to hold a re-test on August 21.

Supreme Court Extends Stay On Defamation Proceedings Against Arvind Kejriwal For Retweeting Dhruv Rathee's Video On BJP IT Cell

Case Title: Arvind Kejriwal v. State (National Capital Territory Of Delhi) & Anr. | Special Leave Petition (Criminal) No. 2413 of 2024

The Supreme Court today extended for 6 weeks the stay on defamation proceedings initiated against Delhi Chief Minister Arvind Kejriwal for retweeting a video by Youtuber Dhruv Rathee making certain allegations against Bharatiya Janata Party (BJP) IT Cell.

Supreme Court Seeks CBI/ED Response On BRS Leader K Kavitha's Plea For Bail In Liquor Policy Case

Case Title: KALVAKUNTLA KAVITHA Versus DIRECTORATE OF ENFORCEMENT, SLP(Crl) No. 10778/2024 (and connected matter)

The Supreme Court issued notice to the CBI and the ED on Bharat Rashtra Samithi leader K Kavitha's pleas for bail in the money laundering and corruption cases related to the alleged Delhi liquor policy scam.

A bench of Justices BR Gavai and KV Viswanathan passed the order upon hearing Senior Advocate Mukul Rohatgi (for Kavitha) who argued that she has been in jail since 5 months and the chargesheet/prosecution complaint in both the ED and CBI cases have been filed.

Supreme Court Dismisses Himachal Pradesh Govt's Appeal Against HC Decision Quashing Illegal Land Acquisition

Case details: State of Himachal Pradesh & Ors v. Balbir Singh & Anr, Diary No. 33473-2024

The Supreme Court on Monday dismissed an appeal filed by the State government of Himachal Pradesh challenging the division bench's order of the Himachal High Court which had stated that the government forcibly acquired private property violating the fundamental right under Article 300A of the Indian Constitution.

Supreme Court Dismisses Plea To Remove Time Limits On Shop Licenses For Disabled Persons

Case details: Daya Swaroop v. Delhi Transport Infrastructure Diary No. 18089-2022

The Supreme Court dismissed a petition seeking that licenses allotted to disabled persons to run shops etc., should not be limited by a time-period.

A bench of Justices PS Narasimha and Pankaj Mithal was hearing a petition where the petitioner challenged an Office Memorandum dated August 1, 2016 by which certain policies were laid down for the allotment and renewal of the license of shops, spaces, and sites for commercial utilisation at the Inter-State Bus Terminals of Delhi.

Supreme Court Stays Delhi HC Direction That Old Pension Scheme Is Applicable To Paramilitary Forces/CAPF Personnel

Case Title: UNION OF INDIA AND ORS. Versus LOKESH KUMAR ARYA, SLP(C) No. 21758/2023 (and connected matters)

The Supreme Court today confirmed the interim stay on a direction that the Old Pension Scheme (OPS), in accordance with CCS (Pension) Rules, 1972, shall be applicable to paramilitary forces/Central Armed Police Forces personnel as well.

Supreme Court Dismisses ED's Plea Against HC Order Allowing NDTV To Seek Compounding Of Alleged FEMA Violations

Case Title – Directorate of Enforcement v. New Delhi Television Limited

The Supreme Court on Monday (August 12) dismissed the plea by Directorate of Enforcement (ED) challenging a Bombay High Court order that allowed New Delhi Television (NDTV) to pursue compounding proceedings for alleged violations of the Foreign Exchange Management Act (FEMA) before the Reserve Bank of India (RBI).

Article 226 | High Court Should Not Reappreciate Evidence Led In Departmental Enquiry : Supreme Court

Case details: The State of Rajasthan & Ors. v. Bhupendra Singh, Civil Appeal Nos.8546-8549 of 2024

The Supreme Court quashed the judgment of a single of the Rajasthan High Court, affirmed by the division bench, on the grounds that despite concluding a departmental enquiry has been fairly and properly conducted, the court re-assessed evidence.

Take Steps To Implement National Commission For Allied & Healthcare Professions Act : Supreme Court To Centre, States

Case Details : Joint Forum Of Medical Technologists Of India (Jfmti) & Ors. v. Union of India & Ors. [W.P.(C) No. 983/2023]

The Supreme Court directed the Union Health Ministry to convene an online meeting with all the State Secretaries of the Ministry of Health and Family Welfare to chalk-out a road map for implementation of the National Commission for Allied and Healthcare Professions (NCAHP) Act, 2021 within 2 weeks.

Supreme Court Issues Notice To ED On Vijay Nair's Bail Plea In Liquor Policy Case

Case Details: VIJAY NAIR vs. DIRECTORATE OF ENFORCEMENT., Diary No. - 22137/2024

Today (on August 12), the Supreme Court issued notice to the Directorate of Enforcement (ED) on the bail plea of Aam Aadmi Party communications-in-charge Vijay Nair in a money laundering case pertaining to the national capital's excise policy.

Can Muslim Police Personnel Claim Right To Keep Beard As Religious Practice? Supreme Court To Consider

Case Details : ZAHIRODDIN SHAMSODDIN BEDADE vs. THE STATE OF MAHARASHTRA MOHE MINISTRY THROUGH ITS SECRETARY C.A. No. 000435 / 2015

The Supreme Court has listed for hearing an appeal which raises the issue whether the suspension of a Muslim police personnel for keeping a beard is violative of the fundamental right to practice religion under Article 25

The bench led by CJI DY Chandrachud comprising of Justices JB Pardiwala and Manoj Misra agreed to examine the said issue raised by a Muslim constable of State Reserve Police Force, Maharashtra (SRPF) who was suspended for keeping a beard against the Bombay Police Manual of 1951.

Supreme Court Dismisses Plea Of Environmental Lawyer Against Notice For Income Tax Reassessment

Case Details : RITWICK DUTTA vs. DEPUTY COMMISSIONER OF INCOME TAX, SLP(C) No. 016904 - / 2024

The Supreme Court on Monday (August 12) dismissed a petition filed by environmental lawyer Ritwick Datta challenging a notice issued by the Income Tax Department for reassessing the returns for 2019-20 AY.

Supreme Court Stays Defamation Proceedings Against Editorial Director Of Bennet Coleman Over Times Of India Article

Case Details : JAIDEEP BOSE Versus M/S BID AND HAMMER AUCTIONEERS PRIVATE LIMITED SLP(Crl) No. 10212/2024

The Supreme Court today (August 12) stayed criminal defamation proceedings against Jaideep Bose, Editorial Director of Bennett Coleman and Co Ltd, which publishes the newspaper Times of India.

The bench of CJI DY Chandrachud, Justices JB Pardiwala and Manoj Misra issued notice in the matter and directed stay of proceedings pending any further orders by the Court.

Supreme Court Seeks Explanation From Chief Judicial Magistrate For Prima Facie Violation Of Its Order

The Supreme Court today (on August 12) sought an explanation from the Chief Judicial Magistrate, Patiala House Court in Delhi for prima facie violating the Top Court's order.

The Bench of Justices J.K Maheshwari and Sanjay Karol was hearing the matter arising out of a marital dispute. The Court had ordered the payment of a particular amount with respect to final maintenance. Apart from this, the Court had also ordered the proceedings between both parties to be suspended. This included the complaint filed for criminal intimidation.

Supreme Court Reserves Verdict On Bail Plea Of Senthil Balaji In Money Laundering Case, Flags Delay In Trial

Case Title – V. Senthil Balaji v. Deputy Director

The Supreme Court reserved its judgment on the bail plea of former Tamil Nadu Minister V Senthil Balaji in a money laundering case arising out of the cash for jobs allegations.

The MLA and former Minister was arrested by the Enforcement Directorate (ED) in June last year in the cash-for-jobs money laundering case. He has challenged a Madras High Court order denying him bail.

'Bail Is The Rule, Jail Is The Exception' Even In Special Statutes Like UAPA : Supreme Court

Case Title – Jalaluddin Khan v. Union of India

The Supreme Court held that 'bail is the rule, jail is the exception' even in special statutes like the Unlawful Activities (Prevention) Act 1967.

If the conditions in the special statute for the grant of bail are met, then bail should be granted, the Court stated.

Misleading Ads : Supreme Court Closes Contempt Case Against Patanjali, Baba Ramdev & Acharya Balkrishna Accepting Apology, Gives Stern Warning

Case Title: In Re: Patanjali Ayurved Limited, through its Managing Director, Acharya Balkrishna, Baba Ramdev, SMC(C) No.4/2024

The Supreme Court today closed the contempt proceedings pending against Patanjali Ltd, its Managing Director Acharya Balkrishna and co-founder Baba Ramdev over the publication of misleading medical advertisements in breach of a court undertaking. While the notices issued to the contemnors were discharged, the Court warned that they should comply with all future orders of the court and not repeat their past conduct.

Jostling & Pushing To Wriggle Out Of Arrest Didn't Amount to Criminal Use Of Force : Supreme Court Sets Aside Conviction U/S 353 IPC

Case details: Mahendra Kumar Sonker v The State of Madhya Pradesh, Criminal Appeal No. 520 of 2022

The Supreme Court today (August 12) set aside the conviction and sentence of the appellant under Section 353 (assault or criminal force to deter public servant from discharge of his duty) of the Indian Penal Code, 1860.

The present appeal challenges the order of the Madhya Pradesh High Court dated October 14, 2009, which confirmed the conviction of the appellant under Section 353 and sentence of six months simple imprisonment and a fine of Rs. 1000 imposed by Special Judge.

S. 193 IPC | When Can Perjury Proceedings Be Initiated Against A Litigant? Supreme Court Explains

Case Details: JAMES KUNJWAL VERSUS STATE OF UTTARAKHAND & ANR., Crl.A. No. 003350 / 2024

While quashing a perjury proceeding against a litigant, the Supreme Court on Tuesday (Aug. 13) laid down the yardsticks which should be fulfilled for initiating proceedings for the offence of perjury under Section 193 of Indian Penal Code, 1860.

States Can Recover Past Tax Dues On Mineral Rights, But Not For Period Before April 1, 2005 : Supreme Court

Case Details : Mineral Area Development Authority v. M/S Steel Authority Of India & Ors (CA N0. 4056/1999)

The Supreme Court on Wednesday (August 14) rejected the argument that its judgment delivered on July 25 upholding the powers of the States to tax mineral rights and mineral-bearing lands should be given only a prospective effect from the date of the judgment.

'We Aren't Granting Interim Bail' : Supreme Court Issues Notice On Arvind Kejriwal's Bail Plea In CBI Case

Case Title: Arvind Kejriwal v. Central Bureau of Investigation, SLP(Crl) No. 11023/2024 (and connected case)

The Supreme Court on Wednesday (August 14) issued notice on the petition filed by Delhi Chief Minister and Aam Aadmi Party (AAP) chief Arvind Kejriwal seeking bail in the case registered by the Central Bureau of Investigation in connection with the alleged Delhi Liquor Policy scam.

Supreme Court Stays Action Against YouTuber Savukku Shankar In 16 TN Police FIRs

Case Details : A. Shankar @Savukku Shankar v. State of Tamil Nadu &Ors. W.P.(Crl.) No. 000340 / 2024

The Supreme Court today (August 14) stayed coercive proceedings against Youtuber Savukku Shankar in 16 FIRs filed against him over an interview given by him on a YouTube Channel.

Shankar, an independent journalists and YouTuber was arrested on May 4, 2024, for allegedly making defamatory remarks against female police personnel during an interview with the YouTube channel RedPix 24x7 on April 30, 2024. Following this incident, a total of 16 FIRs were filed against Shankar in different districts of Tamil Nadu, all stemming from the same interview.

Railway Accident| Claimants Entitled To Benefit Of Higher Compensation Prescribed After Date Of Incident: Supreme Court

Case Details: Doli Rani Saha Versus Union of India, Civil Appeal No 8605 of 2024

The Supreme Court reiterated that in railway accident compensation claimants, if the compensation claimed is less than the compensation prescribed as on the date of the decision, then they are entitled to the higher amount.

Supreme Court Stays NCLAT Order Closing Insolvency Process Against Byju's, Asks BCCI To Deposit Rs.158 Crores In Separate Escrow Account

Case Details : GLAS TRUST COMPANY LLC Vs BYJU RAVEENDRAN | Diary No. - 35406/2024

The Supreme Court today (August 14) stayed the NCLAT order which closed the insolvency proceedings initiated by the Board of Controllers of Cricket in India (BCCI) against ed-tech firm BYJU's over the dues of Rs. 158 Crores based on a settlement between the parties.

'Sanatana Dharma' Row | Cases Should Go Outside Tamil Nadu, Says Supreme Court Issuing Notice On Udhayanidhi Stalin's Plea To Club Cases

Case Title: Udhayanidhi Stalin v. The State of Maharashtra and Ors., W.P.(Crl.) No. 104/2024

The Supreme Court today issued notice on Tamil Nadu Minister Udhayanidhi Stalin's plea for clubbing of criminal cases registered against him across multiple states over his controversial 'Sanatana Dharma' remarks.

NEET-SS : Supreme Court Dismisses Plea To Hold NEET-SS 2024 This Year, Asks NMC To Announce Exam Schedule In 30 Days

Case Details RAHUL BALWAN VS. UNION OF INDIA DIARY NO. - 29216/2024

The Supreme Court on Wednesday (August 14) dismissed a petition challenging the decision of the National Medical Commission(NMC) to not hold the NEET- Super Speciality Exam (NEET-SS) 2024 this year.

Can Online Portals Publish Advocates' Advertisements? Supreme Court Seeks Response Of Bar Council Of India

Case details: JUSTDIAL.COM, JUST DIAL LIMITED vs. PN VIGNESH SLP(C) No. 17844/2024

The Supreme Court on Wednesday (August 14) sought the response of the Bar Council of India on whether online portals can be allowed to publish advertisements of advocates.

INI CET 2024 : Supreme Court Refuses To Stay Declaration Of INI CET Seat Allotment Results In Plea Challenging AIIMS Quota

Case Details: . DR. SUKRIT NANDA M. Versus UNION OF INDIA AND ANR. W.P.(C) No. 464/2024 & Connected matter

The Supreme Court today (August 14) refused to stay the declaration of final seat allotment results of the Institute of National Importance Combined Entrance Test (INI CET) 2024 exam.

The plea for stay was raised in a petition challenging the 'Institutional Preference' Quota exceeding 50% given to graduates from the All India Institute of Medical Sciences (AIIMS) in the postgraduate admissions.

Supreme Court Says Telangana Governor's MLC Nominations Will Be Subject To Outcome Of BRS Leaders' Petition

Case details: Dr. Dasoju Sravan Kumar v. The Secretary to Her Excellency, The Hon'ble Government, State of Telangana, Diary No. 34897-2024

The Supreme Court on Wednesday (August 14) issued notice on a petition filed by Bharat Rashtra Samithi (BRS) leaders Dasoju Sravan Kumar and Kurra Satyanarayana seeking to prevent the Telangana Governor from nominating members of the State Legislative Council.

While the Court declined to pass an order of status quo on the nomination of Member of Legislative Council (MLC), it clarified that the nominations will be subject to the outcome of the petition.

No Assertion In ED Complaint That Scheduled Offences Generated Proceeds Of Crime : Supreme Court Grants Bail In PMLA Case

Case Title – Bhagwan Bhagat v. Directorate of Enforcement and Anr.

The Supreme Court recently granted bail in a case under the Prevention of Money Laundering Act (PMLA) after noting that the prosecution complaint did not have any assertion that the scheduled offence generated proceeds of crime directly or indirectly.

West Bengal Post-Poll Violence : Supreme Court Sets Aside HC Order Transferring Trial Of One Case, Says No Proper Service Of Notice To Accused

Case details: Saher Ali Mia & Ors v. Central Bureau of Investigation & Ors, SLP(Crl) No. 1506/2024 (Disposed Of)

The Supreme Court on August 9 set aside an order of the Calcutta High Court, transferring the trial commenced at Coochbehar to Special CBI Court at Siliguri in the case lodged in the aftermath of the 2021 West Bengal Legislative Assembly elections for serious offences including murder and rape.

Supreme Court Issues Contempt Notice To Punjab & Haryana High Court Bar Association For Abstaining From Court Work

Case Title – M/S M3M India Pvt. Ltd. & Anr. v. Union of India & Ors.

The Supreme Court on Wednesday (August 14) issued a notice to the Secretary of the Punjab and Haryana High Court Bar Association, asking for an explanation as to why contempt action should not be initiated for lawyers abstaining from work in July 2024.

Supreme Court Issues Notice To ED In Abbas Ansari's Bail Plea In Money Laundering Case

Case details: Abbas Ansari v. Directorate of Enforcement, Allahabad, SLP(Crl) No. 10598/2024

The Supreme Court today (August 14) issued notice in the special leave petition filed by Abbas Ansari, MLA from Mau from Suheldev Bharatiya Samaj Party, against the order of the Allahabad High Court denying bail to him in the Prevention of Money Laundering Act, 2002 case.

Foreign Judgment Violative Of Indian Law Not Binding On Indian Courts : Supreme Court

Case Details: Special Leave to Appeal (Crl.) No(s).1722/2024

The Supreme Court in a recent order has held that a foreign judgment that goes against Indian law is not conclusive between parties involved and not binding on the Indian Courts.

The bench of Justices Surya Kant and Ujjal Bhuyan was hearing a challenge against the order of the Gujarat High Court which dismissed the petitioner's writ of Habeas Corpus seeking repatriation of the minor daughter on the basis of an order from the US Court.

Motor Accident Claims | Supreme Court To Examine If Appeal Pre-Deposit Conditions Can Be Higher Than Limit Prescribed Under MV Act

Case Details : PRADEEP KUMAR v. MASTER ANKIT & ANR. SPECIAL LEAVE PETITION (CIVIL) Diary No(s). 30751/2024

The Supreme Court is set to consider the legal issue whether the Courts could demand a deposit amount beyond the statutory limit for entertaining appeals against claims awarded under the Motor Vehicles Act, 1988.

'Delay Due To Confusion Created By HC Registry' : Supreme Court Affirms Permission Given To File Written Statement After 17 Years

Case Title: PIC DEPARTMENTALS PVT. LTD. VERSUS SREELEATHERS PVT. LTD.

The Supreme Court recently refused to interfere with the decision of the Calcutta High Court to allow a defendant in a civil suit to file a written statement after a delay of 17 years.

The Court noted that the delay was a "direct result of the confusion created by the Registry of the High Court", as the case status on the official website erroneously showed in the year 2000 that the suit had been disposed of.

'Composition Of SIT A Mere Eye-Wash' : Supreme Court Forms Fresh SIT To Probe Alleged Abduction Of OBC Man By Madhya Pradesh Minister

Case Details: O.B.C. Mahasabha v The State of M.P & Ors, WP(Crl) No. 108/2023.

The Supreme Court on August 6 has ordered a fresh composition of Special Investigation Team (SIT) to probe the whereabouts of a OBC person alleged to have been abducted and kept in illegal detention by Madhya Pradesh Minister and BJP MLA Govind Singh Rajput and his aides over a land dispute.

S. 138 NI Act |Once Execution Of Cheque Is Admitted, Dispute Regarding Interest Rate Of Loan No Defence: Supreme Court

Case Title: SRI SUJIES BENEFIT FUNDS LIMITED VERSUS M. JAGANATHUAN, CRIMINAL APPEAL NO. 3369 OF 2024

The Supreme Court held that once a person admits the handing over of a signed cheque with an amount written on it, then he cannot raise disputes regarding the interest rate as a defence in a prosecution for the offence of the dishonour of cheque under Section 138 of the Negotiable Instruments Act, 1881.

Juvenile Cannot Be Denied Bail Without Recording Finding That Proviso To S. 12(1) Juvenile Justice Act Is Applicable: Supreme Court

Case Title – Juvenile in Conflict with Law V v. State of Rajasthan & Anr.

The Supreme Court on Wednesday (August 14) granted bail to a juvenile who had been in custody for over a year, noting that the Juvenile Justice Board (JJB), trial court, and the Rajasthan High Court failed to record a specific finding that the proviso to section 12(1) Juvenile Justice Act is applicable to the case.

Supreme Court Reiterates Prima Facie View That Second SLP Cannot Be Filed If First SLP Was Dismissed Without Any Reasons Or Was Withdrawn

Case Title: NF Railway Vending and Catering Contractors Association Lumding Division v. Union of India & Ors.

The Supreme Court bench of Justice Dipankar Datta and Justice Prashant Kumar Mishra reiterated its prima facie view that in cases where a special leave petition (SLP) was dismissed by way of a non-speaking order or withdrawal, the remedy of filing a fresh SLP does not exist.

Supreme Court Dismisses PIL Challenging Section 149 BNS & Certain Articles Of Constitution As Unconstitutional, Imposes Cost

Case Details : Dr. SN Kundra v. Union of India Writ Petition(s)(Civil) No(s).347/2024

The Supreme Court recently dismissed a Public Interest Litigation (PIL) that sought to declare certain Constitutional provisions as 'unconstitutional'.

The petitioner also challenged S.149 of the Bhartiya Nyaya Sanhita.

The petitioner also challenged constitutional provisions relating the President of India, Parliament's power to amend the constitution, amongst other things

Supreme Court Stays Allahabad HC Direction That Police Should Obtain Legal Opinion Before Registering FIRs Over Civil/Commercial Disputes

Case Details: State of U.P. & Ors. v. Sone Lal & Ors, SLP (Crl) Diary No. (s) 24766/2024

The Supreme Court on August 14 stayed three paragraphs of the impugned order of the Allahabad High Court, wherein the court directed the Uttar Pradesh police to seek legal opinion from Government counsel prior to registering a First Information Report (FIR) in cases which prima facie appeared to be civil transactions.

Supreme Court Takes Suo Motu Case Over RG Kar Hospital Doctor's Rape & Murder; Hearing On Aug 20

Case Title : In Re : Alleged Rape and Murder of Trainee Doctor in RG Kar Medical College Hospital, Kolkata and related issues | SMC(Crl) 2/2024

The Supreme Court has taken suo motu cognisance of the rape and murder of a doctor in RG Kar Hospital in Kolkata.

A bench comprising Chief Justice of India DY Chandrachud, Justices JB Pardiwala and Manoj Misra will hear the matter on Tuesday(August 20). The case is titled "In Re : Alleged Rape and Murder of Trainee Doctor in RG Kar Medical College Hospital, Kolkata and related issues."

News

'Alarming Situation' : Supreme Court Flags Concerns On Pendency Of Civil Suits In Gujarat Courts, Seeks Report From HC

Case Details: GUJARAT INDUSTRIAL INVESTMENT CORPORATION LTD GUJARAT INDUSTRIAL INVESTMENT CORPORATION LTD., Diary No. - 32558/2024

The Supreme Court, recently (on August 06) flagged serious concerns pertaining to the pendency of suits before Civil Courts in the State of Gujarat.

The Bench of Justices Surya Kant and Ujjal Bhuyan, while hearing a civil appeal, noted that the suit for recovery was filed in the year 2001. However, the issues were not framed until 2019 and then the plaintiff's evidence commenced in 2022.

Farmers Protest: Supreme Court Asks Haryana & Punjab To Explore Partial Opening Of Shambhu Border Within One Week

Case Details: THE STATE OF HARYANA VS. UDAY PRATAP SINGH., DIARY NO. - 30656/2024

In the matter related to the blockade at the national highway at the Shambhu border between the States of Punjab and Haryana due to farmers' protest, both States on Monday (August 12) submitted a list of names of persons to the Supreme Court who could be included in the panel proposed to be formed by the Court to hold negotiations with the protesters and the government.

Farmers Protest : Judicial Inquiry Into Protester's Death Demoralises Police, Says Haryana; Supreme Court Disagrees

Case Details: THE STATE OF HARYANA vs. UDAY PRATAP SINGH., Diary No. - 30656/2024

The Supreme Court turned down a plea made by the State of Haryana to stay the Punjab & Haryana High Court's order for judicial inquiry into the death of a protesting farme.

The Bench of Justices Surya Kant and Ujjal Bhuyan said that the Committee will give its opinion regarding the force used by the Police. Based on this, determination would be made either by the High Court or the Supreme Court.

Supreme Court Shocked By UP Prison Secretary Citing Model Code Of Conduct As Excuse For Not Deciding Prisoner's Remission

Case Title – Kuldeep v. State of UP and Ors.

The Supreme Court on Monday (August 12) directed the Principal Secretary of the Uttar Pradesh Prisons Administration Department to place on affidavit his stance that the Chief Minister Secretariat refused to accept a file regarding a convict's permanent remission plea citing Model Code of Conduct (MCC).

Supreme Court To Consider Correctness Of Kerala HC View That Mere Storage Of Child Pornography Is No Offence Under POCSO/IT Acts

Case Detail : JUST RIGHTS FOR CHILDREN ALLIANCE AND ANR. Versus SEBIN THOMAS AND ANR. Diary No. 34443-2024

The Supreme Court today (August 12) issued notice in a petition challenging the Kerala High Court order which held that mere downloading of child pornography on one's mobile phone cannot be considered as an offence under the POCSO Act, 2012 or the Information Technology Act.

Supreme Court Finds Fault With View That Accused Can Be Denied Bail Merely On Account Of Being A Foreigner

Case Title: ONYEKA SAMUEL Versus STATE OF HIMACHAL PRADESH, Diary No. 26692-2024

While hearing the bail plea of a foreign national denied bail by the Himachal Pradesh High Court, the Supreme Court yesterday expressed reservations about the view that bail can be denied to an accused merely because he is a foreign national.

Will Stop Schemes Like 'Ladli Behna' : Supreme Court Warns Maharashtra Govt Over Not Paying Land Acquisition Compensation

Case Title: IN RE : T.N. GODAVARMAN THIRUMULPAD Versus UNION OF INDIA AND ORS., W.P.(C) No. 202/1995

The Supreme Court today (on August 13) sharply rebuked the State of Maharashtra for not coming up with a reasonable amount for compensation in a case wherein the State illegally occupied a person's property nearly six decades ago and allotted a notified forest land instead.

Does 'PV Anwar' Judgment Mandating S.65B Evidence Act Certificate For Electronic Evidence Apply Retrospectively? Supreme Court To Decide

Case no. – Miscellaneous Application No. 1563/2017 in C.A. No. 4226/2012

The Supreme Court has taken up the issue of whether the judgment in the case of Anwar PV v. PK Basheer & Ors., which clarified the law regarding the admissibility of electronic record as secondary evidence, should be applied retrospectively or only prospectively.

Supreme Court Chides Petitioner Who Threatened Suicide If Petition Was Rejected

A Supreme Court bench of Justices Sanjiv Khanna, Sanjay Kumar and R. Mahadevan heard a petitioner-in-person who filed a petition pointing out several issues in the Engineering Colleges.

The petitioner who spoke in Hindi told the court that he has been running from pillar to post to seek remedy before the Supreme Court and other forums and has wasted several years in that. The petitioner had added several judges of the Supreme Court and High Courts, the Prime Minister and the Secretary of the President of India as respondents in the petition.

Whether S. 479 BNSS Limiting Maximum Detention Period Of Undertrials Apply Retrospectively? Supreme Court Seeks Union's Response

Case Title: Re-Inhuman Conditions In 1382 Prisons v. Director General of Prisons and Correctional Services and Ors., W.P.(C) No. 406/2013

The Supreme Court today (on August 13), asked the Union to clarify whether Section 479 of Bharatiya Nagarik Suraksha Sanhita (BNSS) - the replacement of the Code of Criminal Procedure- would apply retrospectively to the undertrials across the country. This provision provides the maximum period for which an undertrial prisoner can be detained.

Recover Compensation From Officers Who Demolished Buildings Ignoring Status Quo Order : Supreme Court Slams Patna Authorities

Case details: Ajay Kumar Yadav@ Ajay Rai & Ors v. The State of Bihar & Ors, SLP (C) No. 7222/2024

The Supreme Court has come down heavily on the authorities of the Patna Municipal Corporation and the District Administration for demolishing certain structures ignoring a status quo order passed by the Court.

In this case, the petitioners were aggrieved by the directions for the demolition of the houses and buildings constructed by them allegedly on public land.

Supreme Court Reserves Orders On Plea By Abhishek Banerjee, Wife Challenging ED Summons In School Jobs Scam Case

Case Title: ABHISHEK BANERJEE AND ANR. Versus DIRECTORATE OF ENFORCEMENT, Crl.A. No. 2221-2222/2023 (and connected case)

The Supreme Court today reserved verdict on a plea filed by TMC MP Abhishek Banerjee and his wife-Rujira Banerjee challenging Enforcement Directorate's summons in relation to a schools jobs scam case. The duo, which claimed Calcutta to be its ordinary place of residence, challenged the ED summons insofar as they required attendance at New Delhi.

'NIA Owes An Explanation' : Supreme Court Flags Discrepancy Between Witness Statement Narrated In Chargesheet & Actual Statement

Case Title – Jalaluddin Khan v. Union of India

The Supreme Court while granting bail to a man booked for alleged involvement with banned organization Popular Front of India (PFI), flagged “complete distortion” of statement of a protected witness in the chargesheet filed by the National Investigation Agency (NIA).

POSH Act | Supreme Court Considers Mandating States/UTs To Create Online Dashboards Giving Information Of Internal Committees

Case Title: Aureliano Fernandes Versus State Of Goa And Others | Civil Appeal No. 2482 Of 2014

The Supreme Court on (August 13), in a matter concerning the implementation of the Sexual Harassment of Women at Work Place (Prevention, Prohibition and Redressal) Act, 2013 (POSH Act), indicated that it would direct all the States and Union Territoriess to prepare an online dashboard containing all the relevant information pertaining to the constitution and members of the Internal Committees(IC) of the departments.

'You've Crores To Waste On Freebies, But No Money To Compensate Person Whose Land Was Illegally Taken' : Supreme Court To Maharashtra Govt

Case Title: IN RE : T.N. GODAVARMAN THIRUMULPAD Versus UNION OF INDIA AND ORS., W.P.(C) No. 202/1995

Today (on August 14), the Supreme Court orally told the State of Maharashtra that while the State has money "to waste" on freebies, there is no money to compensate the person whose land the State had occupied illegally.

Senthil Balaji's Bail Plea : Supreme Court Seeks Clarification From ED On Predicate Offences

Case Title – V. Senthil Balaji v. Deputy Director

The Supreme Court today (August 14) sought clarification from the Directorate of Enforcement (ED) on whether it intends to rely on all three predicate offences in the money laundering case against Senthil Balaji or exclude one of the cases that involves more than a thousand accused.

Can Special News Bulletins For Visually & Hearing Impaired Be Run On Doordarshan Daily? Supreme Court Asks Union

Case Details: Sanket Foundation & Ors. v. UOI & Ors, WP(C) No. 1380/2019

The Supreme Court on August 13 sought a reply from Prasar Bharti as to whether a special news bulletin for visually impaired and hearing impaired persons could be telecasted daily on the national news channel Doordarshan.


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