Supreme court
Every Criminal Court In Bihar Has Huge Pendency: Supreme Court Surprised At Patna HC Order Setting Time Limit To Complete Trial
The Supreme Court on Monday (July 22) was "surprised" at an order of the Patna High Court directing the trial court in a criminal case to complete trial within a year, without considering the huge pendency of cases in trial courts.“On 28th February, 2024 while rejecting the bail application, the High Court directed that the trial shall be concluded within a period of one year. We are surprised to note that notwithstanding the decision of the Constitution Bench in the case of High Court Bar...
Customs Act | Owner Of Goods Liable To Pay Customs Duty Even After Confiscated Goods Are Redeemed Paying Fine : Supreme Court
In a notable ruling relating to the Customs Act of 1962, the Supreme Court on Tuesday (July 23) held that the importer would be liable to pay customs duty in addition to fines and other charges upon redeeming the confiscated goods.The Court considered the following questions :i) Whether there is a liability to pay customs duty when the confiscated goods are redeemed after payment of fine...
Time-Barred Civil Contempt Petitions Can't Be Entertained Mechanically Accepting Bogey Of 'Continuing Wrong': Supreme Court
The Supreme Court bench of Justices Sanjiv Khanna and Dipankar Datta has interpreted Section 20 of the Contempt of Courts Act, 1971, and held that the action for contempt should be brought within a year, and not beyond, from the date on which the contempt is alleged to have been committed. In this case, the first respondent filed a contempt petition in 2014 against the non-compliance of the High Court order issued in 2009. The respondent argued that the contempt petition is not time-barred...
NEET UG 2024 | Over 4 Lakh Students To Lose 5 Marks As Supreme Court Asks NTA To Revise Results Based On IIT Delhi Report
While refusing to cancel the NEET-UG 2024 exam for paper leak, the Supreme Court today (July 23) directed the National Testing Agency (NTA) to revise the results by treating the option identified by an expert team constituted by the IIT-Delhi as the correct answer to an ambiguous question.The NTA had treated two options as the correct answers to this question. Now, the Court has asked the agency to treat only the option approved by the IIT-Delhi team as the correct option. This would mean that...
Supreme Court Sets Aside NGT Orders Allowing Construction Of Tiracol Bridge In Goa's Querim Beach
The Supreme Court on Tuesday (July 23) set aside the National Green Tribunal's (NGT) orders dated January 22, 2020, and January 17, 2022, which had allowed the construction of the Tiracol bridge on Querim beach in Goa.The NGT had previously permitted the construction of the bridge, citing its public utility and the assertion that it could be built without causing environmental damage, based on a report dated February 8, 2016, by the National Institute of Ocean Technology (NIOT), Chennai. A bench...
Supreme Court Refuses To Cancel NEET-UG 2024, Says There's No Material To Show Systemic Breach
The Supreme Court on Tuesday (July 23) refused to cancel the NEET-UG 2024 exam on the ground of paper leak and malpractices. The Court stated that there was no material to indicate that the leak was systemic affecting the sanctity of the entire exam.The Court also stated that ordering a re-examination will lead to serious consequences affecting over 23 lakh students and will lead to disruption of the academic schedule, causing a cascading effect in the coming years.While acknowledging that there...
Supreme Court Delivers Split Verdict On Challenge To Approval For Genetically Modified Mustard Cultivation
In a crucial development, the Supreme Court today (July 23) delivered a split verdict on petitions challenging the approval given by the Union Government to release genetically modified mustard.While Justice BV Nagarathna quashed the approval given by the Genetic Engineering Appraisal Committee and the Ministry of Environment and Forests, Justice Sanjay Karol upheld the same.In view of the difference of opinion, the bench directed the registry to place the matter before the Chief Justice of...
Bail Order Shouldn't Be Normally Stayed During Pendency Of Application To Cancel Bail : Supreme Court
In an important judgment, the Supreme Court on Tuesday (July 23) held that bail orders should not be normally stayed. Setting aside an order of the Delhi High Court which stayed the bail granted in a money laundering case, the Court stated that bail orders can be stayed only in exceptional circumstances.The Court's conclusions are :a. In an application made under Section 439(2) of the CrPC or Section 483(3) of the BNSS or other proceedings filed seeking cancellation of bail, the power to...
S. 307 IPC | Sentencing Court Not Imposing Life Imprisonment On Convict Cannot Impose Sentence Beyond 10 Years: Supreme Court
The Supreme Court held that when the sentencing court doesn't deem fit to impose a life sentence for committing an offence of attempt to murder, then the maximum sentence that can be imposed on the convict for committing an offence of attempt to murder could not extend beyond the period of 10 years. “When the court concerned upon convicting the accused concerned thought it fit not to impose imprisonment for life, the punishment to be handed down to the convict concerned in any circumstance...
Motor Accident Claims Tribunal Has Discretion To Release Compensation Amount In Full Or In Part : Supreme Court
The Supreme Court of India clarified that the Motor Accidents Claims Tribunal (MACT) has the discretion to release compensation all at once or in parts.“it is for the Tribunal in a given case to make a decision as to whether the entire amount has to be released or if it is to be released in part. Suffice it is to state that the Tribunal is expected to give its own reasoning while undertaking such an exercise”, the Court clarified.A bench of Justice MM Sundresh and Justice Aravind Kumar was...
'Keeping Tipper Lorry Idle Serving No Purpose' : Supreme Court Allows Release Of Vehicle Seized In 2021
The Supreme Court ordered the release of a TATA Tipper Lorry seized in September 2021 in connection with a criminal case in Tamil Nadu observing that keeping the vehicle idle was not in anyone's interest as it occupied public space within the Magistrate Court complexA bench of Justice Hrishikesh Roy and Justice SVN Bhatti observed –“Keeping a vehicle like a Tipper Lorry idle is not serving anybody's interest. It is resulting in damage to the stationary vehicle which is kept within the Magistrate...
Party Whose Right To File Written Statement Is Forfeited Cannot Introduce Its Case Indirectly Through Evidence: Supreme Court
The Supreme Court held that a party whose right to file a written statement in a case has been forfeited cannot introduce his case indirectly through evidence or written submission. Such a party can still participate in the proceedings and cross-examine the complainant, but cannot indirectly introduce his case."In the absence of any specific provisions dealing with non-filing of...