Supreme Court Monthly Round-Up: August 2024

Update: 2024-09-08 08:14 GMT
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Here's a comprehensive overview of the Supreme Court of India proceedings during August 2024. This monthly digest aims to inform you about the latest judgments, orders, and Public Interest Litigations (PILs) filed in the Supreme Court during the month of August and also the updates of the Constitution bench, providing a succinct overview. Judgments/ Orders Supreme Court...

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Here's a comprehensive overview of the Supreme Court of India proceedings during August 2024. This monthly digest aims to inform you about the latest judgments, orders, and Public Interest Litigations (PILs) filed in the Supreme Court during the month of August and also the updates of the Constitution bench, providing a succinct overview.

Judgments/ Orders

Supreme Court Directs Performance Audit Of Maharashtra Slum Areas Act, Raises Concerns With Its Working

Case Details: Yash Developers v. Harihar Krupa Co-operative Housing Society Limited & Ors SLP (C) No. 20844 of 2022

A Supreme Court bench of Justices P.S. Narasimha and Aravind Kumar has suggested that a comprehensive statutory audit of the Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971 (Maharashtra Slum Areas Act) should be performed.

PMLA | Is Accused Entitled To Documents Which Prosecution Isn't Relying Upon In Trial? Supreme Court To Examine

Case Title - Sarla Gupta and Anr. v. Directorate of Enforcement., Crl.A. No. 1622/2022

The Supreme Court is set to examine the applicability of the provisions of the Code of Criminal Procedure (or its new replacement the Bharatiya Nagarik Suraksha Sanhita) to cases under the Prevention of Money Laundering Act (PMLA) on the issue of the prosecution's obligation to supply documents to the accused.

Swati Maliwal Assault Case: Supreme Court Issues Notice On Bibhav Kumar's Bail Plea

Case Title: BIBHAV KUMAR Versus STATE OF NCT OF DELHI, SLP(Crl) No. 9817/2024

The Supreme Court issued notice on a plea filed by Delhi Chief Minister Arvind Kejriwal's close aide Bibhav Kumar against Delhi High Court's denial of bail in the Swati Maliwal assault case.

The order was passed by a bench of Justices Surya Kant, Dipankar Datta and Ujjal Bhuyan, upon hearing Senior Advocate Dr Abhishek Manu Singhvi, who appeared and argued for Bibhav. The matter has been listed for next Wednesday (whenever the bench would sit in same combination).

Can ED Restrain Person's Movements During Search? Supreme Court Leaves Question Of Law Open, Allows ED To Withdraw Petition

Case Details: DIRECTORATE OF ENFORCEMENT AND ANR. Versus DILBAG SINGH @ DILBAG SANDHU., SLP(Crl) No. 4044/2024

The Directorate of Enforcement (ED) withdrew from the Supreme Court its petition challenging the Punjab and Haryana High Court's order quashing the arrest of former Yamunanagar MLA Dilbag Singh in a money laundering case.

Slum Rehabilitation Scheme Not To Be Seen As Real Estate Development Project, It's Linked To Right To Life: Supreme Court

Case Details: Yash Developers v. Harihar Krupa Co-operative Housing Society Limited & Ors SLP (C) No. 20844 of 2022

A Supreme Court bench of Justices PS Narasimha and Aravind Kumar has held slum rehabilitation scheme cannot be viewed as a real estate development project because “there is a public purpose involved, and that is inextricably connected to the right to life of some of our brothers and sister citizens who are living in pathetic conditions”.

NTA Should Avoid Flip-Flops Which Happened In NEET-UG Case : Supreme Court

Case Details: VANSHIKA YADAV Versus UNION OF INDIA AND ORS. W.P.(C) No. 335/2024 And Other Connected Matters.

The Supreme Court criticised the National Testing Agency (NTA) for the "flip flops" it made in relation to the conduct of the NEET-UG 2024 exam.

The Court was pronouncing the detailed judgment giving the reasons for its July 23 order which refused to cancel the NEET-UG exam held on May 5 over paper leak and malpractices.

Supreme Court Refuses To Interfere With Renaming Of Aurangabad & Osmanabad As Chhatrapati Sambhajinagar & Dharashiv

Case Details: SHAIKH MASUD ISMAIL SHAIKH AND ORS. v. UOI, SLP(C) No. 15453/2024

The Supreme Court dismissed an SLP filed against the Bombay High Court order upholding the Maharashtra government's notifications changing the name of Aurangabad and Osmanabad cities to Chhatrapati Sambhajinagar and Dharashiv, respectively.

Supreme Court Dismisses Pleas For SIT Investigation Into Electoral Bonds 'Quid Pro Quo', Says Ordinary Remedies Not Invoked

Case Details : COMMON CAUSE AND ANR. Versus UNION OF INDIA W.P.(C) No. 266/2024 and Other Related Matters

The Supreme Court on Friday (August 2) dismissed petitions seeking to set up a Special Investigation Team (SIT) to investigate the alleged instances of quid pro quo arrangements between corporate and political parties through Electoral Bonds donations.

The Court said that it would be "premature" and "inappropriate" to order an investigation under the monitoring of a retired judge when the remedies available under the ordinary law governing criminal law procedure have not been invoked.

2018 Firing At Anti-Sterlite Protests | Supreme Court Stays Madras HC Order For Probe Into Assets Of Police & Govt Officials

Case Details : S. CHANDRAN VS. HENRI TIPHAGNE SLP(C) No. 016543 - / 2024

The Supreme Court on August 2 stayed the Madras High Court order which directed a fresh investigation by the Tamil Nadu Directorate of Vigilance and Anti–Corruption (DVAC) into the assets of the police and government officials accused in the 2018 Thoothukudi Police Firing at the anti-Sterlite protests.

West Bengal VC Appointments| Supreme Court Clarifies That Regular And Not Pro Tem VCs Be Appointed In All State Universities

Case Title: State of West Bengal v. Dr. Sanat Kumar Ghosh & Ors. | Special Leave Petition (Civil) No. 17403 of 2023

The Supreme Court, through its order dated July 29, in an ongoing dispute between the West Bengal government and Governor CV Anand Bose (Chancellor of Universities) regarding the appointment of Vice-Chancellors (VC) of Universities, has clarified that there shall be an appointment of regular VCs (instead of pro tem VCs) in all the 36 State-aided Universities.

Supreme Court Frames Issues In Tamil Nadu's Suit Against Kerala Over Alleged Encroachment In Mullaperiyar Catchment Area

Case Title: State of Tamil Nadu v. The State of Kerala, Original Suit No.4/2014

In the suit filed by State of Tamil Nadu alleging that Kerala's construction of a mega car project in the Mullaperiyar catchment area encroached upon the area leased to it, the Supreme Court recently framed issues arising for consideration.

Developing 'Scientific Temper' Matter Of Education, Not Judicial Writs: Supreme Court Dismisses PIL To Curb Superstition And Sorcery

Case Details : ASHWINI KUMAR UPADHYAY VS. UNION OF INDIA W.P.(C) No. 000461 / 2024

The Supreme Court refused to entertain a PIL seeking directions to the Union and States to take action against superstition and sorcery practices in the country. The Court observed that it was essential to focus on educating citizens to promote a 'scientific temper' in the country, something which be cannot achieved merely by filling petitions.

S. 106 Evidence Act | Accused Can't Be Asked To Discharge Burden Of Proof When Prima Facie Case Wasn't Established By Prosecution: Supreme Court

Case Details: MANHARAN RAJWADE Versus STATE OF CHHATTISGARH, CRIMINAL APPEAL NO(S). 818/2019

Recently, the Supreme Court acquitted an accused who was charged with the offence of murdering his wife because the prosecution was not able to prove the prima facie case against the accused.

For invoking Section 106 of the Indian Evidence Act of 1872 (“Evidence Act”), the prosecution ought to have discharged the burden on it by adducing cogent evidence to prove the accused presence at the relevant time in his house when the alleged offence was committed, the bench comprising Justices Abhay S Oka, PK Mishra, and AG Masih said.

'Her Photos Were Repeatedly Shown' : Supreme Court Dismisses Asianet News Plea To Quash Divya Spandana's Defamation Complaint

Case Details: ASIANET NEWS NETWORK PVT. LTD. AND ORS. Versus DIVYA SPANDANA @ RAMYA SLP(Crl) No. 9517/2024

The Supreme Court dismissed the petition filed by Asianet News Network, Kannada channel Asianet Suvarna News and journalist Vishweshwar Bhat challenging the Karnataka High Court's refusal to quash the criminal defamation complaint filed by actor Divya Spandana for allegedly linking her to IPL spot-fixing scam.

National Housing Bank Act | No Vicarious Liability For Directors Without Specific Pleading That They Were Responsible For Company's Business : Supreme Court

Case Title- National Housing Bank v. Bherudan Dugar Housing Finance Ltd. & Ors., 2024 LiveLaw (SC) 541

The Supreme Court held that a complaint against company's directors for offence committed by the company under the National Housing Bank Act, 1987 must contain specific averments that the directors were responsible for the business of the company at the time of the offence.

Supreme Court Approves Dismissal Of Employees Given Compassionate Appointment On Forged Documents, Questions Railways' Lapse

Case Title: UNION OF INDIA & ORS. ETC. Versus PROHLAD GUHA ETC., CIVIL APPEAL NOS. 4434-4437 OF 2014

While dismissing the employees who were granted a compassionate appointment by the Railways based on forged and fabricated documents with respect to the employment of their respective fathers, the Supreme Court expressed displeasure over the inactions of the Railways in appointing the employees based on questionable documentation, which was later found to be forged, fabricated, and bogus.

Gujarat Value Added Tax Act | 'Purchase Price' Definition Doesn't Include Value Added Tax : Supreme Court

Case Title: THE STATE OF GUJARAT Vs. M/S. AMBUJA CEMENT LTD, CIVIL APPEAL NO. 7874 OF 2024

While Interpreting the definition of the 'Purchase Price' under the Gujarat Value Added Tax Act of 2003 (“GVAT”), the Supreme Court on Friday (August 2) observed that the value-added tax would not be included in the definition of the purchase price.

The Court held that no value-added tax would be added to the purchase price to calculate tax as the same is not mentioned in the categories of tax/duties enumerated under Section 2(18) of the GVAT.

Supreme Court Prima Facie Disagrees That Second SLP Can Be Filed If First SLP Was Dismissed Without Any Reasons Or Was Withdrawn

Case Details: N. F RAILWAY VENDING AND CATERING CONTRACTORS ASSOCIATION LUMDING DIVISION v. THE UNION OF INDIA & ORS., Diary No. - 28661/2024

The Supreme Court has prima facie disagreed with the 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 still exists. Pertinently, this view was taken by a Division Bench of the Top Court in the case of S. Narahari And Ors. v. S.R. Kumar And Ors.

Transferring Public Property At Nominal Price Arbitrary; States' Right Can Be Sold Only By Auction/Transparent Process : Supreme Court

Case Details: City Montessori School Versus State of U.P. & Ors., CIVIL APPEAL NO. 8355 OF 2024

The Supreme Court observed that the rights of the State in the property/land can be transferred only by adopting a fair and transparent process by which the State fetches the best possible price.

Supreme Court Rejects Plea Seeking Clearance By Coastal Zone Management Authority For Railway Double-Tracking In Goa

Case Details: GANV BHAVANCHO EKVOTT & ORS v. SOUTH WESTERN RAILWAY & ORS., Diary No(s).18197/2023

The Supreme Court upheld the Bombay High Court's decision stating that prior permission is not required from Goa Coastal Zone Management Authority for doubling of the railway track in Goa.

LG Can Nominate Members To Delhi Municipal Corporation Without Delhi Govt's Consent : Supreme Court

Case Title: Govt of NCT of Delhi v. Office of Lieutenant Governor of Delhi, WP(C) No. 348/2023

In a significant development, the Supreme Court today held that the Lieutenant Governor (LG) of Delhi has the power to nominate aldermen to the Municipal Corporation of Delhi without the aid and advice of the Delhi Government.

The Court ruled that the power was a statutory power flowing from the Delhi Municipal Corporation Act, 1957 and hence the Governor need not act as per the aid and advice of the Delhi Government. Since it was a statutory power given to the LG and not an executive power of the Government, the LG was expected to act as per the statutory mandate and not as per the aid and advice of the Delhi Government.

Supreme Court Issues Notice On West Bengal Govt Plea Against HC Judgement Quashing OBC Classification Of 77 Communities

Case Details : THE STATE OF WEST BENGAL AND ANR. Versus AMAL CHANDRA DAS Diary No. - 27287/2024

The Supreme Court today (on August 05), issued notice in a petition filed by the State of West Bengal against the Calcutta High Court's judgment which quashed the classification of 77 communities as Other Backward Classes (OBC) given under the West Bengal Backward Classes (Other than Scheduled Castes and Scheduled Tribes) (Reservation of Vacancies in Services and Posts) Act, 2012 and cancelling all Other Backward Classes (OBC) certificates issued in West Bengal after 2010.

Banks Can't Classify MSMEs Loan Accounts As NPAs Without Following Procedure In Centre's 2015 Notification : Supreme Court

Case Details: M/S. PRO KNITS VERSUS THE BOARD OF DIRECTORS OF CANARA BANK & ORS., SPECIAL LEAVE PETITION (C) NO. 7898 OF 2024) & Other Connected Matters.

In an important ruling concerning the revival of the entities registered under the Micro, Small and Medium Enterprises Development Act, 2006 (“MSMED Act”), the Supreme Court observed that the Banks are not empowered to classify the loan accounts of the MSMEs, as Non-Performing Assets (NPA), without following the mandatory procedure laid down in the Instructions for Framework for Revival and Rehabilitation of MSMEs issued by the Ministry of MSME.

Plea In Supreme Court Seeks Probe Into Alleged EVM Manipulations, Violations By ECI During Lok Sabha Elections 2024

Case Details: MEHMOOD PRACHA v. ELECTION COMMISSION OF INDIA

A petition has been filed in the Supreme Court seeking the constitution of a High-Powered Committee chaired by a retired judge of the Supreme Court to inquire into the allegations of manipulations of the Electronic Voting Machines (EVM) during the recent Lok Sabha elections. The petitioner also sought a probe into alleged derelictions by the Election Commission of India.

Intended To Get Rid Of 'Hand': Supreme Court Dismisses PIL To Ban Use Of 'Body Parts' As Election Symbols

Case Details : SARGUJA SOCIETY FOR FAST JUSTICE Versus ELECTION COMMISSION OF INDIA AND ANR Diary No. - 31637/2024

The Supreme Court on Monday (August 5) dismissed a petition seeking directions to the Election Commission of India (ECI) to prohibit the use of any 'body part' as an election symbol by political parties.

Fake Encounter Case | Supreme Court Refuses To Suspend Conviction Of Ex-Mumbai Cop Pradeep Sharma For Contesting Assembly Elections

Case Details: Pradeep Rameshwar Sharma vs State of Maharashtra., Diary No. 13604-2024

The Supreme Court today (on July 05) refused to suspend the conviction of former Mumbai Police encounter specialist Pradeep Sharma in a fake encounter killing case.

The present application was filed in an appeal preferred by Sharma challenging the recent Bombay High Court's order sentencing him to life imprisonment.

Motor Accident Claim | HRA, PF Contribution Should Be Included While Computing Loss Of Dependency: Supreme Court

Case Details: MEENAKSHI Versus THE ORIENTAL INSURANCE CO. LTD., Diary No. 39746 of 2018

Recently, the Supreme Court observed that the emoluments and benefits such as house rent allowance, flexible benefit plan, contribution to provident fund, etc. accrued to the deceased ought to be included while computing the loss of dependency to determine the compensation.

Supreme Court Dismisses Plea To Publish Clinical Trial Data Of Rotavac Vaccine

Case title: S. Srinivasan v. Union Of India And Ors. Ministry Of Health And Family Welfare Secretary And Ors.

The Supreme Court on Tuesday(August 6) dismissed a PIL seeking publication of the segregated date of the clinical trial (phase III) of the vaccine Rotavac administered to infants to protect against diarrhoea.

High Court Cannot Exempt Convict From Surrendering In Exercise Of S.482 CrPC Power: Supreme Court Disagrees With Earlier Judgment

Case Details: DAULAT SINGH VERSUS THE STATE OF MADHYA PRADESH, Diary No(s). 20900/2024

Recently, the Supreme Court observed that it would be impermissible for the High Court to exercise inherent powers under Section 482 of Cr. P.C. to exempt a convict from the requirement of surrendering in a particular case despite concurrent findings of conviction.

'Serious Environment Degradation' : Supreme Court Expresses Concerns About Plastic Pollution In River Banks & Water Bodies

Case Details: ASHOK KUMAR SINHA v. UNION OF INDIA & ORS., Civil Appeal No(s).3367/2020

The Supreme Court has expressed serious concerns about the increasing plastic pollution in river banks and water bodies which is affecting aquatic life.

Examine 'Cause Of Delay' & Not 'Length Of Delay'; Condone Delay If There's Sufficient Cause : Supreme Court

Case Details: MOOL CHANDRA Versus UNION OF INDIA & ANR., CIVIL APPEAL Nos. 8435 - 8436 OF 2024

The Supreme Court observed that a delay in filing an application should be condoned if it has been sufficiently explained, regardless of the length of the delay.

Supreme Court Admits West Bengal's Plea Challenging HC Direction For CBI Probe Into 2021 Post-Poll Violence Cases

Case Details: THE STATE OF WEST BENGAL vs. UNION OF INDIA., Diary No. - 20668/2021

Today (August 06), the Supreme Court admitted the State of West Bengal's appeal against the Calcutta High Court's order directing Central Bureau of Investigation (CBI) to probe into the incidents of alleged violence following the 2021 state assembly polls.

The Bench of Justices M.M Sundresh and Aravind Kumar granted leave to appeal in the Special Leave Petition filed by the State and sought CBI's response to this plea. The matter will be next listed on November 20.

'Court Can't Declare Equivalence Of Qualification' : Supreme Court Affirms View That B.Sc(Polymer Chemistry) Isn't Equal To B.Sc (Chemistry)

Case Title : Shifana P.S v.State of Kerala

The Supreme Court has affirmed a judgment of the Kerala High Court that B.Sc(Polymer Chemistry) degree cannot be treated as equivalent to to B.Sc(Chemistry) for recruitment to the post of High School Teacher for Physical Science as per a notification issued by the Kerala Public Service Commission in 2008.

Show Proof Of Applying For Certified Copy While Seeking Exemption From Filing Certified Copy Of Judgment With SLP : Supreme Court

Case Details: HARSH BHUWALKA & ORS v. SANJAY KUMAR BAJORIA., Diary No(s). 30456/2024

The Supreme Court, recently (on August 05), has passed a practice direction with respect to filling of Special Leave Petitions, to come into effect from August 20. As per the direction, if any SLP includes an application seeking exemption from filing a certified copy of an impugned order, the same must also attach a receipt from the High Court confirming the request for making an application for the certified copy.

'Redesignation Not Regular Appointment' : Supreme Court Denies CAS To Research Assistants Designated As Lecturers

Case details: Rajasthan Agricultural University, Bikaner, Through its Registrar v. Dr. Zafar Singh Solanki & Ors

The Supreme Court has held that those redesignated from Research Assistant to Lecturer and subsequently as Assistant Professor cannot be considered as regular appointments to extend the benefits of the 'Career Advancement Scheme' (CAS).

Supreme Court Provisionally Allows Candidates From Andhra Not Enrolled In Telangana Bar Council To Appear For Telangana Civil Judges Exam

Case Details : VINDELA GEETHA BHARGAVI & ORS. v. THE STATE OF TELANGANA & ANR. Writ Petition (Civil) No.489/2024

The Supreme Court on August 6 temporarily allowed candidates from Andhra Pradesh, who had not enrolled in the Telangana Bar Council, to appear for the mains of the Telangana Civil Judges Exam.

The petitioners, who had cleared the preliminary exam, were unable to submit documents for the main exam because they lacked enrollment certificates from the Telangana Bar Association.

Delimitation Commission's Orders Aren't Immune From Judicial Review : Supreme Court

Case Details: KISHORCHANDRA CHHANGANLAL RATHOD Versus UNION OF INDIA AND ORS., CIVIL APPEAL No.7930 OF 2024

The Supreme Court held that nothing precludes the constitutional courts from checking the validity of orders passed by the Delimitation Commission on the touchstone of the Constitution if an order is found to be manifestly arbitrary and irreconcilable to constitutional values.

'We Are Pained' : Supreme Court Expunges P&H High Court's Unwarranted Observations Against SC's Stay Order

Case : In Re : Order of Punjab and Haryana High Court Order Dated 17.07.2024 and Ancillary Issues | SMW(c) 8/24

Taking suo motu notice of an unusual order passed by the Punjab and Haryana High Court, a 5-judge bench of the Supreme Court on Wednesday (August 7) expunged the "unwarranted" remarks in the High Court's order criticizing a stay order passed by the Top Court.

Supreme Court Holds Police Inspector & Magistrate Guilty Of Contempt For Arrest & Remand Of Accused Violating SC Order

CASE TITLE: TUSHARBHAI RAJNIKANTBHAI SHAH Versus STATE OF GUJARAT, SLP(Crl) No. 14489/2023, TUSHARBHAI RAJNIKANTBHAI SHAH vs. KAMAL DAYANI Diary No.- 1106 – 2024

In a major development, the Supreme Court today (on August 07) held a Police Inspector and a Chief Judicial Magistrate from Gujarat guilty of Contempt of Court for arresting and remanding an accused ignoring an interim anticipatory bail order passed by the Supreme Court.

Supreme Court Dismisses Challenge To Patna HC Order Which Declared Gaya's Vishnupad Temple A 'Public Trust'

Case Title: VISHNUPAD BHAGWAN vs. THE BIHAR STATE BOARD OF RELIGIOUS TRUST, Diary No. - 8528/2024

The Supreme Court on Tuesday (August 6) affirmed a ruling that the Vishnupad temple, a centre for Hindus' Shraddha rites in Gaya, is a religious public trust and not a private property of Gayawals Brahmins (the traditional priests of the temple).

Arbitration | Impermissible For Arbitral Tribunal Or Courts To Grant Interest Upon Interest Under 1940 Act : Supreme Court

Case Details: M/S D. KHOSLA AND COMPANY VERSUS THE UNION OF INDIA, SPECIAL LEAVE PETITION (CIVIL) NO.812 OF 2014

The Supreme Court on Wednesday (Aug. 7) held that an Arbitral Tribunal is not empowered to grant interest upon interest while passing an arbitral award as the Arbitration Act, 1940 does not specifically provide for the grant of interest on interest.

Blacklisting Of An Entity Amounts To 'Civil Death', Must Be Justifiable And Proportionate: Supreme Court

Case Title: THE BLUE DREAMZ ADVERTISING PVT. LTD. & ANR. VERSUS KOLKATA MUNICIPAL CORPORATION & ORS., SPECIAL LEAVE PETITION (CIVIL) NO. 11682 OF 2018

While setting aside a blacklisting order passed by Kolkata Municipal Corporation against a commercial entity, the Supreme Court recently observed that blacklisting orders are a "drastic remedy" and as such, they ought to be justifiable as well as proportionate.

Arbitration | Impermissible For Arbitral Tribunal Or Courts To Grant Interest Upon Interest Under 1940 Act : Supreme Court

Case Details: M/S D. KHOSLA AND COMPANY VERSUS THE UNION OF INDIA, SPECIAL LEAVE PETITION (CIVIL) NO.812 OF 2014

The Supreme Court held that an Arbitral Tribunal is not empowered to grant interest upon interest while passing an arbitral award as the Arbitration Act, 1940 does not specifically provide for the grant of interest on interest.

S. 138 NI Act | 'Capacity To Give Loan Not Shown, Contradictions In Statements' : Supreme Court Upholds Acquittal In Cheque Dishonour Case

Case Details: SRI DATTATRAYA VERSUS SHARANAPPA, CRIMINAL APPEAL NO. 3257 OF 2024

The Supreme Court upheld the acquittal in a cheque dishonour case by taking note of certain contradictions in the statements of the complainant, as well as his inability to show the financial capacity to advance the loan as well as the lack of acknowledgement of the loan in the Income Tax returns.

Mere Attempt To Overtake Vehicle On Road Doesn't Mean Rash & Negligent Driving : Supreme Court

Case Details : Prem Lal Anand and Others v. Narendra Kumar and Others

The Supreme Court in its recent order has observed that a mere attempt of overtaking on the road cannot by itself mean rash and negligent driving.

The bench of Justices CT Ravikumar and Sanjay Karol was deciding an appeal arising out of an accident compensation claim under the Motor Vehicles Act.

Public Authorities Should Take Best Efforts To Reduce Trees Required To Be Cut For Public Projects : Supreme Court

Case Title – MC MEHTA v. Union of India & Ors.

The Supreme Court has directed that every public authority seeking permission to cut trees for public projects must make best efforts to reduce the number of trees which are required to be cut by re-examining the alignment of the public project.

Confession Recorded By Medical Officer When Accused Were Presented By Police Officers Inadmissible As Evidence: Supreme Court

Case Title – Allarakha Habib Memon Etc. v. State of Gujarat

The Supreme Court while setting aside murder convictions of two individuals observed that confession recorded by a Medical Officer while preparing the injury reports of the accused during police custody is inadmissible as evidence. The bench observed that such a confession is not an admissible evidence in view of the bar under Section 26 of the Indian Evidence Act, 1872.

BREAKING | Supreme Court Grants Bail To Manish Sisodia, Says Right To Speedy Trial Denied In Liquor Policy Case

Case Title: Manish Sisodia v. Directorate of Enforcement, SLP(Crl) No. 8781/2024

In a significant development, the Supreme Court today allowed the bail plea of former Delhi Deputy Chief Minister and Aam Aadmi Party leader Manish Sisodia in relation to the liquor policy case.

The Court allowed the bail applications filed by Sisodia in both the CBI and ED cases considering the delay in commencing the trial in the liquor policy case.

Krishna Janmabhoomi Case | Supreme Court Extends Stay On HC Order For Inspection Of Shahi Eidgah Mosque Till November

Case Title: Committee of Management Trust Shahi Masjid Idgah v. Bhagwan Shrikrishna Virajman & Ors. | Special Leave Petition (Civil) No. 14275 of 2023

In the latest development in the Krishna Janmabhoomi-Shahi Eidgah Mosque dispute, the Supreme Court today extended till November the stay on the order of the High Court for the inspection of the Shahi Eidgah Mosque by a Court Commissioner.

Supreme Court Stays Hijab Ban Imposed By Mumbai Private College

Case Title: ZAINAB ABDUL QAYYUM CHOUDHARY AND ORS. Versus CHEMBUR TROMBAY EDUCATION SOCIETYS AND ORS., Diary No. 34086-2024

The Supreme Court on Friday (August 9) stayed the instruction issued by a private college in Mumbai banning the wearing of hijab, cap or badges by students on campus.

The Court passed the interim order while hearing a petition filed by 3 Muslim women students of NG Acharya & DK Marathe College of Mumbai. The petitioners approached the Supreme Court challenging the Bombay High Court's judgment which upheld the college's instructions.

'Can't Put Career Of 2 Lakh Students At Risk'' : Supreme Court Dismisses Plea To Postpone NEET-PG 2024 Exam

Case Title: Vishal Soren @ Bishal Soren & Ors. v. National Board of Examination in Medical Sciences & Anr. |Diary No. 35578-2024

The Supreme Court dismissed a petition seeking postponement of the NEET-PG 2024 examination, which is scheduled for August 11, 2024. The petitioner also challenged the decision of the National Board of Exams to hold the exam in two batches and apply a normalisation formula.

Supreme Court Disposes Newsclick's Plea, Stays Tax Recovery Until Disposal Of ITAT Appeal

Case Details: PPK NEWSCLICK STUDIO PVT. LTD. VS. DEPUTY COMMISSIONER OF INCOME TAX., DIARY NO. - 24553/2024

The Supreme Court, in a plea filed by news portal NewsClick for a stay on the income tax demand, directed that pending disposal of the appeal filed before the Income Tax Appellate Tribunal (ITAT), there shall be a stay of further recovery of an outstanding amount. This order was passed taking into consideration that approximately 30 per cent of the demand has been recovered.

Supreme Court Disposes Satyendra Jain's Plea Against VIPS Chairman Over Cross-Examination Of Witness In Election Petition

Case Title: SATYENDRA JAIN Versus S.C. VATS AND ORS., Diary No. 52890-2023

The Supreme Court today (on August 09) disposed off the plea filed by former Delhi Minister Satyendra Jain against Dr SC Vats to cross-examine a witness in an election petition filed by Vats challenging Jain's election from Shakur Basti, Delhi.

Supreme Court Issues Notice On Plea Challenging Condition That Only Malayali Brahmins Can Be Sabarimala Temple Chief Priest

Case : Sujith TL v. State of Kerala and others | Diary No(s).25008/2024

The Supreme Court on Friday (August 9) issued notice on a petition challenging the Kerala High Court's judgment which upheld the condition that only Malayali Brahmins can be appointed as the Melshanthis (Chief Priests) of the Sabarimala-Malikappuram temples.

Decision To Reduce Pay Scale Can't Be Applied Retrospectively: Supreme Court Quashes Recovery Steps Against Retired Govt Servant

Case details: Jagdish Prasad Singh v. State of Bihar & Ors, Civil Appeal No. 1635 of 2013

The Supreme Court observed that any step of reduction in the pay scale and recovery from a Government employee would tantamount to a punitive action because the same has drastic "civil as well as evil consequences."

RTE Act : Supreme Court Affirms Bombay HC Judgment Quashing 25% Quota Exemption For Private Schools If Govt-Run Schools Existed Nearby

Case Details : ASSOCIATION OF INDIAN SCHOOLS Versus STATE OF MAHARASHTRA AND ORS. SLP(C) No. 17770/2024

The Supreme Court refused to interfere with the Bombay High Court's judgment which struck down the Maharashtra amendment to the Right to Education Act 2009 exempting private schools from providing the 25% quota in Class I or Pre-school for children of disadvantaged sections, if there is a government-run or aided school within 1 km radius of that private school.

Supreme Court Issues Notice On Challenge To Recognition Of 'Central Delhi Court Bar Association' As Bar Body Of Rouse Avenue

Case details: Rouse Avenue District Court Bar Association v. Bar Council of Delhi & Ors, Diary No. 31378-2024.

The Supreme Court on Friday issued notice on a petition challenging the decision of the Delhi High Court approving the recognition of Central Delhi Court Bar Association as the official bar association of the Rouse Avenue District Court.

How To Determine Conversion Of Arbitral Award In Foreign Currency To Indian Currency? Supreme Court Explains

Case Details: DLF LTD. (FORMERLY KNOWN AS DLF UNIVERSAL LTD) AND ANR. VERSUS KONCAR GENERATORS AND MOTORS LTD., CIVIL APPEAL NO. 7702 OF 2019

In a significant judgment relating to International Commercial Arbitration, the Supreme Court has decided the two important questions on the enforcement of an arbitral award expressed in foreign currency to Indian Currency.

Manipur Crisis| Supreme Court Directs Justice Gita Mittal Committee To Resolve Grievances Of Students Seeking Transfer To Central Universities

Case Details : MANIPUR UNIVERSITY EIMI WELFARE SOCIETY AND ANR. Versus UNION OF INDIA AND ORS. MA 762/2024 in W.P.(C) No. 1307/2023

The Supreme Court today (August 9) directed the Committee headed by Justice Gita Mittal to look into the individual grievances raised by 25 displaced students from Manipur University who seek a permanent transfer to other central universities. The students were displaced due to the ongoing ethnic violence in Manipur.

'Post-Investigation' FIR Suspicious: Supreme Court Holds Probe Tainted As Police Concealed Actual First Information

Case Details: ALLARAKHA HABIB MEMON ETC. VERSUS STATE OF GUJARAT, CRIMINAL APPEAL NO(S). 2828-2829 OF 2023

The Supreme Court reversed the conviction in a murder case after noting serious loopholes regarding the registration of the First Information Report.

The Court found that the FIR was registered not on the basis of the actual first information, but on the basis of a subsequent complaint. The Court said that such a "post-investigation" FIR does not inspire confidence.

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."

'Entire Incident Occured In Heat Of Moment' : Supreme Court Approves Alteration Of Conviction To Section 304-II IPC

Case Title: HUSSAINBHAI ASGARALI LOKHANDWALA VERSUS STATE OF GUJARAT, CRIMINAL APPEAL NO. 1691 OF 2023

The Supreme Court in a recent case allowed the release of a convict in a 24-year-old case of culpable homicide by altering the punishment imposed on him to the period already suffered in incarceration.

The Court justified the conviction under Section 304 Part II of the Indian Penal Code (IPC) upon finding that the convict was a young man at the time of the incident and had acted without any premeditation in the fit of anger which led to the occurrence of crime.

RG Kar Hospital Rape & Murder: Medical Consultants Approach Supreme Court,Suggest Measures For Safety Of Medical Professionals

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

The Federation of Association of Medical Consultants of India (FAMCI) has filed an intervention in the suo moto case taken by the Supreme Court over the RG Kar Hospital doctor's rape and murder . The intervenors have raised safety concerns for medical workers in hospitals across the country in the absence of any centralised laws.

To address the systemic issues regarding the lack of safety for medical professionals, the Supreme Court ordered the formation of a National Task Force to give recommendations on the modalities to be followed all over the country.

Supreme Court Sets Aside Calcutta High Court Judgment Containing Controversial Remarks About Adolescent Sexual Behaviour

Case Details: In Re: Right to Privacy Of Adolescents, Suo Moto WP(C) No. 3 of 2023

The Supreme Court on Tuesday (August 20) delivered its judgment in a suo motu case titled "In Re: Right to Privacy of Adolescents," which was initiated over the controversial remarks made by the Calcutta High Court in a judgment delivered on October 18, 2023.

Lok Sabha Elections 2024 : Supreme Court Dismisses Plea For Probe Into Alleged EVM Manipulations, Violations By ECI

Case Title: MEHMOOD PRACHA Versus ELECTION COMMISSION OF INDIA, W.P.(C) No. 473/2024

The Supreme Court today dismissed a plea seeking inquiry into the allegations of Electronic Voting Machine (EVM) manipulations and violations by the Election Commission of India during Lok Sabha Elections 2024.

A bench of Justices Sanjiv Khanna and Sanjay Kumar passed the order, observing that omnibus and vague assertions had been made by the petitioner and that he has already approached the Delhi High Court with regard to a particular constituency.

Supreme Court Permits Teesta Setalvad To Travel To Malaysia For Anti-Racism Conference

Case Details: TEESTA ATUL SETALVAD vs. THE STATE OF GUJARAT v. Diary No. - 35856/2024

The Supreme Court today (on August 20) has permitted human rights activist Teesta Setalvad to travel to Selangor, Malaysia from August 31 to September 10. The purpose of this travel is to attend a conference pertaining to anti-racism.

Natural Guardian's Right To Custody Of Child Not Lost Just Because Temporary Custody Was Given To A Relative: Supreme Court

Case Title: GAUTAM KUMAR DAS VERSUS NCT OF DELHI AND OTHERS, SLP(Crl) No. 005171 - / 2024

While granting custody of a minor daughter to her father, the Supreme Court observed that granting temporary custody of a minor child to a relative would not preclude the natural guardian from seeking custody of a minor child.

View Of Coordinate Bench Of Same HC Can't Be Ignored: Supreme Court Quashes Preventive Detention Over Non-Supply Of WhatsApp Chats

Case Details: Shabna Abdulla v. The Union of India & Ors, Criminal Appeal No. 3282 of 2024

The Supreme Court today (August 20) quashed a detention order upheld by a division bench of the Kerala High Court, noting that once the coordinate bench of the High Court had set aside the detention based on same grounds and material relied, the division bench could not have ignored the same.

Reserved Category Candidate Can Claim General Category Seat Of Horizontal Reservation Based On Merit : Supreme Court

Case Title: RAMNARESH @ RINKU KUSHWAH AND OTHERS VERSUS STATE OF MADHYA PRADESH AND OTHERS, SLP(C) No. 2111 of 2024

The Supreme Court on Tuesday (Aug. 20) set aside the Madhya Pradesh High Court's order which refused to allow admission of the meritorious reserved category candidates to the unreserved (UR) category.

'Not A Case Of Passive Euthanasia' : Supreme Court Expresses Reluctance To Entertain Euthanasia Plea Of Man In Vegetative State

Case Details : HARISH RANA Versus UNION OF INDIA AND ORS. SLP(C) No. 18225/2024

The Supreme Court on Tuesday (August 20) expressed disinclination to entertain the plea of a man for euthanasia, observing that it was not a case of "passive euthanasia" as he was not completely dependent on life-support machines.

Supreme Court Reserves Judgment On Plea By District Judges Against HP High Court Collegium Ignoring Them For Elevation As HC Judges

Case Details : CHIRAG BHANU SINGH VS. THE STATE OF HIMACHAL PRADESH W.P.(C) No. 000312 - / 2024

The Supreme Court (on August 06) reserved judgment on a plea filed by two senior district judges, contending that the Himachal Pradesh High Court collegium has ignored their merit and seniority while proposing names for elevation to the High Court.

No Justification For Not Using CAMPA Funds : Supreme Court Seeks Details From States/UTs On Amounts Spent For Afforestation

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

The Supreme Court (on August 07) directed the State Governments/Union Territories to file an affidavit, inter-alia, to chart out the reasons why the CAMPA(Compensatory Afforestation Fund Management and Planning Authority) Funds, created to use it for compensatory afforestation and allied activities, have not been utilised.

Why Ask Lawyers To File Physical Copies In Addition To E-Filed Copies? Supreme Court Asks NCDRC

Case Details : USHA GARG VS. UNION OF INDIA W.P.(C) No. 000313 - / 2024

The Supreme Court on Tuesday (August 20) verbally observed that asking advocates to file physical copies of their appeals/applications at the National Consumer Disputes Redressal Commission (NCDRC) in addition to virtual filing would defeat the purposes of e-filing.

Supreme Court Issues Notice To Manipur Chief Secretary In Contempt Petition Over 2016 MPSC Recruitment Exams

Case Title: LAISHRAM TARAJEET SINGH & ANR. VERSUS VINEET JOSHI & ORS., CONMT.PET.(C) No. 611-620/2024

The Supreme Court recently issued contempt notice to the Chief Secretary of Manipur-Vineet Joshi in a case filed by serving officers of the State, alleging willful disobedience of the Court's order.

A bench of Justices CT Ravikumar and Sanjay Karol issued the notice, dispensing with the personal presence of the alleged contemnors (Joshi and Land Resources Department Secretary-Namoijam Kheda Vrata Singh) for the time being.

Supreme Court Dismisses Karnataka Congress MLA NA Haris' Plea Against HC Entertaining Petition Challenging His Election

Case Title: N.A HARIS Versus K. SHIVAKUMAR AND ORS., SLP(C) No. 8299/2024

The Supreme Court today refused to interfere with Karnataka High Court's decision to continue hearing an election petition filed by BJP's K Shivakumar challenging the election of Congress MLA NA Haris from Shantinagar assembly constituency in the Karnataka Legislative Assembly Elections (2023).

Supreme Court Grants Bail To School Authorities Arrested By MP Police Over Alleged Illegal Fee Hike & Book Sales

Case Details: FR. ABRAHAM THAZHATHEDATHU vs. THE STATE OF MADHYA PRADESH., Atul Abraham Vs State of MP, Diary No. - 31739/2024

The Supreme Court (on August 20) granted bail to principals of various schools and officer bearers of the Schools' Managing Committee (including a Bishop) in Jabalpur who were arrested for allegedly raising the fees and selling the books with different ISBN numbers.

Not Declaring Separate Cut-Off For PWD Category Falling Under Overall Horizontal Reservation Isn't Arbitrary : Supreme Court

Case Title: REKHA SHARMA VERSUS THE RAJASTHAN HIGH COURT, JODHPUR & ANR., CIVIL APPEAL NO. 5051 OF 2023 (and connected matter)

The Supreme Court on Wednesday (Aug. 21) held that non-fixation of the cut-off marks for the category of persons with benchmark disability falling under an Overall Horizontal Reservation could neither be said to be arbitrary nor violative of the Fundamental Rights.

Supreme Court Slams Principal Secretary Of UP Prisons Department For Making False Statement In Affidavit, Warns Of Contempt Action

Case Title – Ashok Kumar v. State of Uttar Pradesh & Anr.

The Supreme Court on Tuesday (August 20) pulled up the Principal Secretary of the Prison Administration and Reforms Department of Uttar Pradesh for making false statement in an affidavit filed before the court regarding the delay in processing a convict's plea for permanent remission.

When Default Bail Plea & Application To Extend Time For Chargesheet Filed On Same Day, Which Will Prevail? Supreme Court To Consider

Case Details: Mohammed Jabir v. National Investigation Agency, Diary No. 34469-2024

The Supreme Court today (August 21) agreed to consider the question of law whether the default bail filed under Section 167(2) (procedure when investigation cannot be completed within twenty-four hours) of Code of Criminal Procedure could take precedence over an application for extension of time to file chargesheet under Section 43D(2) of Unlawful Activities (Prevention) Act, 1967 (UAPA) if both are filed on same day.

Is 18-Month D.El.Ed. Obtained Through Distance Learning Equivalent To NCTE-Mandated 2-Year Diploma? Supreme Court To Decide

Case Title – Kousik Das & Ors. v. State of West Bengal & Ors.

The Supreme Court will decide the issue of whether a Diploma in Elementary Education (D.El.Ed.) obtained through an 18-month distance learning program is equivalent to a two-year diploma course, as prescribed by the National Council for Teacher Education (NCTE).

Supreme Court Dismisses Plea Against Bail Granted To Accused In Gauri Lankesh Murder Case

Case Details: Kavitha Lankesh v. The State Of Karnataka & Ors, Special Leave to Appeal (Crl.) No. 740/2024

The Supreme Court on August 21 dismissed a special leave petition seeking cancellation of bail of Mohan Nayak N, an accused in the murder case of journalist and activist Gauri Lankesh.

RG Kar Hospital Case | No Adverse Action Against Doctors For Past Protests If They Return To Duties : Supreme Court

While hearing the suo motu case on the RG Kar Hospital murder-rape crime, the Supreme Court on Thursday (August 22) reiterated it appeal to the protesting doctors to return to their duties.

The Court passed an order protecting the doctors from coercive actions for protesting till today if they resume duties.

Byju's Insolvency| Supreme Court Declines Byju's & BCCI Plea To Stay Meeting Of Committee Of Creditors

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

The Supreme Court on Thursday (August 22) refused to stay the meeting of the Committee of Creditors formed by the Resolution Professional in relation to the insolvency resolution of ed-tech firm Byju's.

Although Senior Advocate Dr Abhishek Manu Singhvi (for Byjus) and Solicitor General of India Tushar Mehta (for the BCCI) made fervent and repeated submissions to stay the CoC meeting, the Court was not persuaded.

Supreme Court Asks Maharashtra Govt To Hand Over Land For New Bombay HC Building By Aug 31

Case Details : IN RE: HERITAGE BUILDING OF THE BOMBAY HIGH COURT AND ALLOTMENT OF ADDITIONAL LANDS FOR THE HIGH COURT

Today, the Supreme Court issued new deadline of August 31 for the Maharashtra Government to handover the land in the Bandra Kurla Complex allotted for the new building of the Bombay High Court, considering the speedily dilapidating condition of the 150-year-old structure.

If Accused Given Bail In Multiple Cases Is Unable To Find Sureties, Condition Of Multiple Sureties Be Balanced With Article 21 : Supreme Court

Case Details: Girish Gandhi v. The State of Uttar Pradesh & Ors., WP (Crl) No. 149 of 2024.

The Supreme Court today (August 22) held that if an accused, involved in multiple cases, is enlarged on bail and is unable to find multiple sureties, the court must balance the requirement of sureties with his right to personal liberty guaranteed under Article 21.

Supreme Court Seeks TN Govt Response On Plea Challenging Savukku Shankar's Preventive Detention

Case Details : A. KAMALA vs. STATE OF TAMIL NADU W.P.(Crl.) No. 000352 / 2024

The Supreme Court today (August 22) issued notice to the State of Tamil Nadu in the plea challenging the recent detention of YouTuber Savukku Shankar under the preventive detention law.

The bench of CJI DY Chandrachud and Justices JB Pardiwala and Manoj Misra was hearing the habeas corpus petition filed by his mother.

'Virtually Rendered Bail Order Ineffective ': Supreme Court Relieves Accused From Furnishing Local Surety

Case Details: Girish Gandhi v. The State of Uttar Pradesh & Ors., WP (Crl) No. 149 of 2024.

Today, the Supreme Court while holding that the accused need not furnish multiple sureties against multiple bail orders, emphasised that courts can do away with the condition of local surety if its insistence delays the release of the accused from jail and renders the bail order ineffective.

Judicial Officers' Pay| Supreme Court Directs Physical Presence Of Chief & Finance Secretaries Of States/UTs Which Haven't Cleared Arrears

Case Title: All India Judges Association v. UoI and Ors., WP(C) No. 643/2015

The Supreme Court on Thursday (August 22) directed the personal appearances of Chief and Financial Secretaries of States/UTs which have not complied with the earlier directions on payment of arrears to judicial officers in terms of the Second National Judicial Pay Commission recommendations.

Mere Non-Performance Of Agreement To Sell Doesn't Amount To Offence Of Cheating & Criminal Breach Of Trust: Supreme Court

Case Title – Radheyshyam & Ors. v. State of Rajasthan & Anr

The Supreme Court recently observed that mere non-performance of an Agreement to Sell by itself does not amount to the offences of cheating and criminal breach of trust. Quashing a criminal case against three persons for failing to execute a sale despite an agreement to sell a property.

State Organs, Particularly Environmental Bodies Must Diligently Ensure Timely Compliance With NGT Directions: Supreme Court

Case Title – P Arun Prasad and Anr. v. Union of India and Ors.

The Supreme Court recently emphasised that every State organ, especially the ones associated with environment protection such as Chhattisgarh Environment Conservation Board (CECB) must diligently ensure timely compliance with the directions of the National Green Tribunal.

'Statement Under S.67 NDPS Act Inadmissible' : Supreme Court Sets Aside Conviction Of Medical Shop Owner

Case Title: AJAY KUMAR GUPTA VERSUS UNION OF INDIA, CRIMINAL APPEAL NO. 878 OF 2019

The Supreme Court on Thursday (Aug. 22) set aside the conviction of an accused under the Narcotic Drugs and Psychotropic Substances Act after the prosecution failed to establish that the Appellant/accused conspired in the transportation of a psychotropic substance.

Supreme Court Grants Anticipatory Bail To Malayali YouTuber Shajan Skariah In SC/ST Act Case On Kerala MLA's Complaint

Case Title: Shajan Skaria v The State of Kerala | Crl.A. No. 002622 / 2024

The Supreme Court on Friday allowed anticipatory bail to the editor of the Malayalam YouTube News Channel 'Marunadan Malayalee' Shajan Skaria in a criminal case under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act 1989 over making alleged derogatory remarks against MLA PV Sreenijin.

University Can't Act Arbitrarily, Must Explain Denial Of Legitimate Expectation : Supreme Court In Law Professor's Plea For Regularisation

Case Title: MAITREYEE CHAKRABORTY VERSUS THE TRIPURA UNIVERSITY & ORS., SLP (CIVIL) NO. 16944 of 2022

While directing the Tripura University to decide the plea for regularization of an Assistant Professor (Law) engaged by it on "lien vacancy", the Supreme Court recently observed that a statutory body such as a University cannot act unfairly and arbitrarily in matters of regularization. The decision to regularize should not be based "on the whims of the decision-making authority"; rather, it should have good reasons to justify the exercise of its power.

BREAKING| Supreme Court Allows Benefit Of Section 479 BNSS To Undertrials In Cases Registered Before July 1, 2024

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

In a significant development, the Supreme Court today (on August 23) held that 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. It means that the provision will apply to all undertrials in cases was registered before July 1, 2024.

'Temporary' Employees Working For Decades Like Regular Govt Employees Can't Be Denied Equal Benefits: Supreme Court

Case Title: RAJKARAN SINGH & ORS. VERSUS UNION OF INDIA & ORS., C.A. No. 009721 / 2024

The Supreme Court on Thursday (Aug. 22) observed that the employees who were performing the duties indistinguishable from the regular government employees cannot be deprived of the benefits accorded to the government employees.

Supreme Court Asks Police Chiefs To Take Action Against Erring Officials For Arrests In Violation Of S.41/41A CrPC & SC Guidelines

Case Details: Satender Kumar Antil v. Central Bureau of Investigation & Anr, Miscellaneous Application No. 2034/2022 in MA 1849/2021 in SLP(Crl) No. 5191/2021

The Supreme Court recently directed that every Magistrate and Sessions judge to inform its jurisdictional Principal District judge about any form of non-compliance by the police in following the arrest guidelines laid down in the Satender Kumar Antil's case within 1 week of recording such non-compliance.

Supreme Court Orders CBI Inquiry Into Alleged Illegalities In Chandigarh Police's Arrest Of Dentist

Case Details: UNION TERRITORY OF CHANDIGARH v. MOHIT DHAWAN., Special Leave Petition (Criminal) No. 3405 of 2023

The Supreme Court has, through its order dated August 06, ordered CBI to conduct a preliminary enquiry into allegations against Chandigarh police for alleged illegalities in the arrest of Chandigarh-based dentist Mohit Dhawan.

Mere Insult To SC/ST Member Not Offence Under SC/ST Act Unless Intent Was To Humiliate Based On Caste Identity : Supreme Court

Case Title: Shajan Skaria v. State of Kerala

The Supreme Court on Friday (August 20) held that mere insult of a member of a Scheduled Caste (SC) or Scheduled Tribe (ST) is not an offence under the SC and ST (Prevention of Atrocities) Act, 1989 unless the accused had the intention to humiliate based on caste identity.

Is Sanction Under PC Act Necessary For Court To Direct Investigation Under S.156(3) CrPC? Supreme Court To Consider

Case Title: BS Yediyurappa v Abraham TJ And Ors. SLP(Crl) No. 8675/2022

The Supreme Court on Friday (August 23) pondered whether a prior sanction under the Prevention of Corruption Act 1988 (PCA) would be required for a Magistrate to direct an investigation into cognisable offences by a public servant relating to PCA under S.156(3) of CrPC.

High Time Police Officers Are Given Training On Distinction Between 'Cheating' & 'Criminal Breach Of Trust' : Supreme Court

Case Title: Delhi Race Club (1940) Ltd. & Ors. Versus State of Uttar Pradesh & Anr., CRIMINAL APPEAL NO. 3114 OF 2024

The Supreme Court on Friday (Aug. 23) suggested that police officers across the country should be imparted proper training in law to understand the fine distinction between the offences of cheating and criminal breach of trust.

When Non-Renewal Of Employee's Contract Is For Disciplinary Reasons, Formal Enquiry Is Necessary : Supreme Court

Case Title – Swati Priyadarshini v. State of Madhya Pradesh & Ors., 2024 LiveLaw (SC) 604

The Supreme Court on Thursday emphasized that mere non mention of background situation in a termination order does not make it non-stigmatic and the court can look into the context to determine the true nature of the termination order.

'CAG Report Can't Be Accepted As Decisive' : Supreme Court Quashes Corruption Charges Against Karnataka EMTA Coal Mines Ltd

Case Details: M/S. Karnataka EMTA Coal Mines Limited And Another v. Central Bureau of Investigation, Criminal Appeal No. 1659-1660 of 2024

The Supreme Court on August 23 quashed two orders passed by the Special Judge, CBI framing charges in a corruption case against the appellants including Karnataka EMTA Coal Mines Ltd.

In this case, the appellants filed criminal appeals under Article 136 of the Indian Constitution in light of directions passed by the Supreme Court in Manohar Lal Sharma v. Principal Secretary and Anr (2014).

'Husband Who Slept In Same Room Escaped Unscathed When Wife Died Due To Burn Injuries' : Supreme Court Affirms Conviction For Dowry Death

Case Title: Damodar & Anr. Versus The State of Uttar Pradesh, Criminal Appeal No. 960 of 2018., 2024 LiveLaw (SC) 607

Recently, the Supreme Court upheld the conviction of the husband in a 30-year-old dowry death case after the presumption of dowry death under Section 113B of the Indian Evidence Act was not discharged by the husband.

The Court said that when the prosecution discharged the initial burden of proof that the death of the deceased was subjected to harassment and cruelty and had occurred within seven years from the date of her marriage due to 100% burn injuries, then the onus to rebut the presumption raised against the accused under Section 113B of the Evidence Act shifts upon the accused.

HC Can't Quash Cheque Dishonour Complaint Invoking S.482 CrPC When Complainant Hasn't Consented For Compounding: Supreme Court

Case Details: A.S. Pharma Pvt. Ltd. V. Nayati Medical Pvt. Ltd. & Ors., Criminal Appeal No(s). 3051 – 3052 of 2024

The Supreme Court (on July 23) reiterated that dishonour of cheque cases can be compounded under Section 147 (Offence to be compoundable) of the Negotiable Instruments Act (N.I. Act) only with the consent of a complainant.

Judge Not Post Office Of Prosecution, Must Apply Judicial Mind To Determine If Case For Trial Is Made : Supreme Court

Case Details: M/S. Karnataka EMTA Coal Mines Limited And Another v. Central Bureau of Investigation, Criminal Appeal No. 1659-1660 of 2024

While quashing two orders passed by the Special Judge, CBI in a corruption case against the appellant Karnataka EMTA Coal Mines Ltd, the Supreme Court on August 23 held that the CBI judge failed to apply his mind to determine whether a case for trial was made out by the prosecution at the discharge stage under Section 227 of the Code of Criminal Procedure, 1973 (CrPC).

Consumer Protection Act - Dominant Purpose To Be Looked Into To Ascertain Whether Transaction Was Commercial: Supreme Court

Case Title: Omkar Realtors and Developers Pvt. Ltd. v. Kushalraj Land Developers Pvt. Ltd. & Anr., Civil Appeal No.858 of 2023

While dealing with the issue whether a real estate company that purchased a flat for the personal use of its Director is a "consumer" under Section 2(7) of the Consumer Protection Act, the Supreme Court recently reiterated that deciding the intended use of the purchased goods (personal or commercial) would depend on the facts and circumstances of each case.

Use Of Artificial Yellow Colouring 'Tartrazine' In Permitted Food Items Not Offence Of Adulteration : Supreme Court

Case Details : MAHESH CHANDER @ MAHESH CHAND v. STATE OF HARYANA (@SLP (CRL.) No(s). 4706/2019)

The Supreme Court in its recent order has held that the use of artificial yellow food coloring- Tartrazine in food items like Dal Moong Dhuli cannot penalized as an offence under the Prevention of Food Adulteration Act, 1954 (PFA Act).

Employees Governed By Different Rules & Having Different Duties Can't Claim Parity Merely Based On Same Qualification: Supreme Court

Case Details: Indian Council Of Agricultural Research Through The Director General And Anr V. Rajinder Singh And Ors., Civil Appeal Nos. 97-98 Of 2012

The Supreme Court (recently on August 22) observed that a different set of employees, who are governed by different set of rules and have different duties, are not entitled to benefits extended to another group of employees merely because they obtaining the same qualification.

'Similarly Placed Employees Discriminated' : Supreme Court Directs Regularization Of Worker Who Served For 30 Years

Case Title: USHABEN JOSHI VERSUS UNION OF INDIA AND OTHERS, SLP(C) No. 6427/2019

The Supreme Court recently granted the relief of regularization to a woman engaged as "water woman" (sweeper) with the Posts and Telegraph Department, Gujarat, who served the Department for over 30 years but was not regularized, even though another similarly placed woman employee was conferred the benefit.

Duty Of Every Arbitral Tribunal & Court To Examine What The Contract Provides : Supreme Court

Case no. – Pam Developments Private Limited v. State of West Bengal & Anr.

The Supreme Court recently emphasised that the courts and arbitral tribunals have the duty to examine the contract clauses in proceedings concerning arbitration.

Supreme Court Issues Notice On Ex-IPS Officer Sanjiv Bhatt's Appeal Challenging Conviction & Life Term In Custodial Death Case

Case Details: SANJIV KUMAR RAJENDRABHAI BHATT vs. THE STATE OF GUJARAT., Diary No. - 14516/2024

The Supreme Court today (on August 27) issued notice to the State of Gujarat on former Indian Police Service officer Sanjiv Bhatt's plea challenging the Gujarat High Court's order dismissing his challenge against the conviction and life imprisonment sentence imposed by the Jamnagar Court. The conviction was in connection with an alleged case of custodial torture and death in the year 1990.

Supreme Court Grants Bail To K Kavitha In Liquor Policy Case, Questions Fairness Of CBI/ED Investigation

Case Title : KALVAKUNTLA KAVITHA Versus DIRECTORATE OF ENFORCEMENT | SLP(Crl) No. 10778/2024 & KALVAKUNTLA KAVITHA v. CENTRAL BUREAU OF INVESTIGATION |SLP(Crl) No. 10785/2024

The Supreme Court on Tuesday(August 27) granted bail to Bharat Rashtra Samithi leader K Kavitha in the money laundering and corruption cases related to the alleged Delhi liquor policy scam

A bench comprising Justices BR Gavai and KV Viswanathan, during the hearing, questioned the fairness of the prosecution agency (CBI/ED) and criticised their selective approach in treating some accused as approvers.

Supreme Court Stays Ayush Ministry's Notification That Omitted Prohibition On Ads Of Ayurvedic, Unani & Siddha Drugs Without Approval

Case Title: Indian Medical Association v. Union of India | W.P.(C) No. 645/2022

The Supreme Court today stayed a Central government notification dated 1 July, 2024, whereby Rule 170 of the Drugs and Cosmetics Rules, 1945 was omitted.

A bench of Justices Hima Kohli and Sandeep Mehta passed the order, observing that the omission was in the teeth of the Court's order dated 7 May, 2024.

Supreme Court Disposes Of ED's Plea, Tamil Nadu Govt Says District Collectors Will Share Documents Relating To Sand Mining Cases

Case Title: Directorate of Enforcement v. State of Tamil Nadu & Ors., SLP (Crl) No. 1959-1963 of 2024

The Supreme Court today disposed of the Enforcement Directorate's plea assailing stay of summonses issued to District Collectors of Tamil Nadu in connection with alleged illegal sand mining-money laundering cases.

Judicial Officers' Pay | Supreme Court Directs States & UTs To Disburse Funds Within 4 Weeks From Lodging Of Claims On SNJPC Proposals

Case Title: All India Judges Association v. UoI and Ors., WP(C) No. 643/2015

The Supreme Court today (August 27) directed the States and Union Territories to disburse the funds within 4 weeks from the date of claims raised by Judicial Officers for clearance of arrears and allowances as per Court's earlier directions.

Even In PMLA, Bail Is The Rule & Jail Is The Exception : Supreme Court

Case Title : Prem Prakash v. Union of India through the Directorate of Enforcement|SLP(Crl) No. 5416/2024

Even in the Prevention of Money Laundering Act (PMLA), bail is the rule and jail is the exception, held the Supreme Court in a judgment delivered today.

A bench comprising Justices BR Gavai and KV Viswanathan held so while allowing bail to an accused in a money laundering case. The bench held that Section 45 of the PMLA only lays down that the grant of the bail would be subject to the twin conditions and does not alter the fundamental principle that bail is the rule.

'What Sort Of IAS Officer?' : Supreme Court Issues Contempt Notice To Maharashtra Addl Chief Secretary (Revenue & Forest)

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 28), issued a show-cause notice for contempt action to Mr. Rajesh Kumar, Additional Chief Secretary Revenue and Forest Department, Maharashtra Government, taking exception to certain statements in an affidavit filed by him which suggested that the Court was not following the law. Observing that the statements were prima facie contemptuous, the Court directed him to remain personally present on September 09.

POCSO Act | Child Victim Of Traumatic Sexual Assault Must Not Be Repeatedly Called To Testify In Court : Supreme Court

Case Details: MADHAB CHANDRA PRADHAN & ORS. Versus STATE OF ODISHA, SPECIAL LEAVE PETITION (CRL.) No. 10082 OF 2024

Recently, the Supreme Court dismissed the plea of an accused in a case under the Protection of Children from Sexual Offences (POCSO) Act of 2012 ("POCSO Act") seeking recall of the victim under Section 311 of CrPC who was already cross-examined by the defence.

Supreme Court Allows Bank Employees Appointed Under SC Quota To Retain Posts After Their Caste Was De-Scheduled

Case Title: K. NIRMALA & ORS. VERSUS CANARA BANK & ANR., C.A. No. 009916 - 009920 / 2024

The Supreme Court set aside the show-cause notices issued by the Canara Bank to certain employees who were appointed under the Scheduled Caste quota based on a valid caste certificate since their caste was de-scheduled from the SC list.

Supreme Court Sets Deadline For NCR States To Fill PCB Vacancies, Asks CAQM About Steps To Address Delhi Air Pollution In Upcoming Winter

Case Title – MC Mehta v. Union of India and Ors., In Re: Number of Vacant Posts in Statutory Pollution Control Boards of Various States

The Supreme Court directed that all vacancies in the State Pollution Control Boards (PCBs) of National Capital Region (NCR) states must be filled by April 30, 2025.

'Fake' SLP Case : Supreme Court Asks Explanation From Notary Who Attested Petitioner's Affidavit In His Absence

In a case where a petitioner denied filing any Special Leave Petition and claimed ignorance of advocates who represented him, the Supreme Court has sought an explanation from the Notary, who attested the affidavit of the petitioner.

Delhi Education Rules - NDMC Not Liable To Absorb Staff Of School Which Was Illegally Closed By Pvt Management: Supreme Court

Case Title: NEW DELHI MUNICIPAL COUNCIL AND ANOTHER VERSUS MANJU TOMAR AND OTHERS, CIVIL APPEAL NO(S). 7440-7441 OF 2012 (and connected matter)

The Supreme Court on Wednesday (Aug. 28) held that New Delhi Municipal Corporation (“NDMC”) would not be liable for absorption and payment of benefits to the excess staff of the school run by the Delhi Sikh Gurudwara Management Committee (“DSGMC”) on account of the closure of the school done by the DSGMC without the prior approval of the NDMC.

Woman Absolute Owner Of Stridhan, Father Cannot Seek Its Recovery From In-Laws Without Her Authorization: Supreme Court

Case Title – Mulakala Malleshwara Rao & Anr. v. State of Telangana & Anr.

The Supreme Court held recently that Stridhan is the exclusive property of the woman, and her father cannot claim recovery of Stridhan from in-laws without explicit authorisation from her.

Courts Must Exercise More Care When Inconsistencies In Oral Evidence Lean Towards Falsely Implicating Innocent Persons: Supreme Court

Case Title: Raju and Another versus State of Uttarakhand, CRIMINAL APPEAL NO. 1151 OF 2010

The Supreme Court acquitted the accused who was charged with an offence of attempt to murder under Section 307 of the Indian Penal Code (“IPC”) since the intention for the crime wasn't established and there were discrepancies in the testimonies.

Supreme Court Deplores Practice Of Filing Applications U/S 216 CrPC For Alteration Of Charge After Refusal Of Discharge

Case Details: K. RAVI v. STATE OF TAMIL NADU & ANR., SPECIAL LEAVE PETITION (Crl.) No.2029 OF 2018

In a recent judgment, the Supreme Court deplored the practice of accused persons filing applications under Section 216 of the Code of Criminal Procedure seeking alteration of charge after their applications seeking discharge

The Bench of Justices Bela M Trivedi and Satish Chandra Sharma elaborated that this provision does not give any right to the accused to file a fresh application seeking his discharge after the framing of charges. Especially, when a discharge application filed by accused has already been dismissed under Section 227 of CrPC.

Supreme Court Directs No Coercive Steps Be Taken Against Journalist Who Interviewed Gangster Lawrence Bishnoi In Jail

Case : ABP NETWORK AND ANR. Versus UNION OF INDIA AND ORS. Diary No. 36514-2024

The Supreme Court today (August 30) directed that no coercive steps be taken against the ABP News Journalist who interviewed gangster Lawrence Bishnoi in Punjab and Rajasthan Jails.

The bench led by CJI DY Chandrachud comprising Justices JB Pardiwala and Manoj Misra was hearing the challenge against Punjab and Haryana High Court's directions to the SIT headed by Prabohd Kumar IPS, to lodge an FIR in the matter pertaining to the interview so that an investigation can be conducted as per the provisions of CrPC.

Supreme Court Refuses To Modify Its Order On Jalgaon Mosque Dispute, Allows To File Review

Case Title: JUMMA MASJID TRUST COMITTEE vs. THE STATE OF MAHARASHTRA., Diary No.- 16176 - 2024

Today (on August 30), the Supreme Court refused to modify its April 19 order wherein it directed that keys to a mosque in Erandol Taluka, Jalgaon, would remain with the municipal council.

The Bench of Justices Surya Kant and K.V Vishwanathan, however, granted liberty to file a review petition against the order.

Supreme Court Issues Notice On RJD MLC Sunil Singh's Plea Against Expulsion From Bihar Legislative Council For Remarks Against Nitish Kumar

Case Details: SUNIL KUMAR SINGH v. BIHAR LEGISLATIVE COUNCIL AND ORS., W.P.(C) No. 530/2024

The Supreme Court (today on August 30) has issued notice in Rashtriya Janata Dal (RJD) MLC Sunil Singh's plea against expulsion from Bihar legislative council for allegedly using defamatory words against State's Chief Minister Nitish Kumar.

Consumer Cases | Applications To Condone Delay In Filing Written Statements Filed Before 'New India Assurance 2' Decision Can't Be Summarily Rejected : Supreme Court

Case Title: DR. VIJAY DIXIT & ORS. VERSUS PAGADAL KRISHNA MOHAN & ORS., CIVIL APPEAL NO(S). 1970 OF 2020

In a recent consumer case, the Supreme Court directed the National Consumer Dispute Redressal Commission (“NCDRC”) to decide the delay condonation application of the defendant for filing a written statement beyond the statutory period of a maximum 45 days i.e., after a delay of 285 days.

When Termination Of Contractual Appointment Is Stigmatic, Principles Of Natural Justice To Be Followed : Supreme Court

Case Details: U.P. STATE ROAD TRANSPORT CORPORATION & ORS. V. BRIJESH KUMAR & ANR., ARISING OUT OF S.L.P (C) NO.10546 OF 2019

The Supreme Court recently (on August 28) reiterated that when the termination of a contractual appointment is stigmatic, then principles of natural justice have to be followed.

The Court also observed that merely because an appointment was made on a contract basis, following an application for compassionate appointment, would not constitute an appointment under Dying in Harness Rules.

Supreme Court Seeks SFIO's Response On SRS Group Chairman Anil Jindal's Plea For Interim Bail In Financial Fraud Case

Case Title: Anil Jindal v. Serious Fraud Investigation Office, Special Leave to Appeal (Crl.) No. 8433/2024

The Supreme Court recently issued notice to the Serious Fraud Investigation Office on SRS Group Chairman Anil Jindal's plea for interim bail in a financial fraud case.

A bench of Justices Sanjiv Khanna and Sanjay Kumar passed the order, upon hearing Senior Advocate Dr S Muralidhar (for Jindal), who argued that Jindal has spent over 3 years in custody in the present case and the trial will likely take time as there are 81 accused involved.

Seniority Can't Be Granted To Promoted Employees From Past Date When They Weren't Born In Cadre : Supreme Court

Case Title: MHABEMO OVUNG & ORS. VERSUS M. MOANUNGBA & ORS., CIVIL APPEAL NOS. 9927 OF 2024

In a recent case, the Supreme Court observed that employees promoted to a particular cadre cannot claim the benefits of promotion when they were not even born in the cadre.

The dispute concerns the seniority list published by the Nagaland Government of the Junior Engineers. There were two sets of appointees in the position of the junior engineers wherein one set of appointees was directly recruited vide notification dated 01.05.2003 and another set of appointees was promoted to the position of Junior Engineer from the position of the Selection Grade-I employees vide letter dated 11.10.2007.

High Court Can Quash FIR Even After Charge-Sheet Is Filed : Supreme Court

Case Title – Shaileshbhai Ranchhodbhai Patel and Anr. v. State of Gujarat and Ors.

The Supreme Court recently reiterated that the high court is empowered under section 482 CrPC to quash an FIR even after charge sheet is filed if the court is satisfied that continuing the proceedings would be an abuse of the process of law.

News

PMLA Provides No Procedure On Summoning, So CrPC Will Apply : Sibal Tells Supreme Court In Abhishek Banerjee's Case

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

During the hearing of TMC MP Abhishek Banerjee's plea against ED summons in a school jobs scam case, Senior Advocate Kapil Sibal urged before the Supreme Court on July 31 that the Prevention of Money Laundering Act provides “power” to summon an accused, but does not prescribe the “procedure” for summoning.

Supreme Court Questions Registry Over Missing Files, Seeks Secretary General's Report

Case Details: BAIDYA NATH CHOUDHARY vs. DR. SREE SURENDRA KUMAR SINGH., Diary No. - 18663/2018

The Supreme Court asked its Secretary-General to submit a report on lapses pertaining to missing relevant documents in a case. Due to these lapses, the Court ended up wasting one hour while hearing a case.

The Bench of Justices JK Maheshwari and Rajesh Bindal were hearing a contempt petition that had 43 connected cases. While the first paper book was available before the Court, the second one was not to be found.

Delhi LG Wasn't Told About Need For Court's Permission To Cut Trees : Chief Secretary Tells Supreme Court

Case Details: Bindu Kapurea v. Subhasish Panda Dairy No. 21171-2024, In Re Subhasish Panda Vice Chairman DDA SMC(Crl) No. 2/2024

Chief Secretary of the Government of the National Capital Territory of Delhi, Naresh Kumar, informed the Supreme Court that Delhi Lieutenant Governor VK Saxena was not made aware of the necessity to obtain the court's permission for felling trees in the southern Ridge.

Shambhu Border Blockade | 'Resolve Farmers Protest Amicably' : Supreme Court Gives Time To Punjab & Haryana To Propose Names For Committee

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

The Supreme Court on Friday (August 2) adjourned the hearing of Haryana's plea against Punjab and Haryana High Court's direction to unblock the Shambhu Border giving time to the States of Haryana and Punjab to suggest the names of neutral persons who can be included in a committee to negotiate with the protesting farmers.

Plea In Supreme Court Challenges Ban On Blood Donations By Gay Individuals

Case Details: SHARIF D. RANGNEKAR Versus UNION OF INDIA AND ORS. W.P.(C) No. 000465 / 2024

The Supreme Court issued notice to the Union Government on a petition challenging the constitutional validity of the Guidelines on Blood Donor Selection and Blood Donor Referral of 2017 to the extent it prevents gay men from donating blood. These guidelines issued by National Blood Transfusion Council (NBTC) and National Aids Control Organisation (NACO) currently prevent gay men and transgender individuals from donating blood.

Local Debt Recovery Tribunal Must Be Established In Jammu And Kashmir, Says Supreme Court

Case Title – Jammu and Kashmir Bank Limited v. M/S Hotel Alpine Ridge and Ors., SLP(C) No. 6897/2024

The Supreme Court called for the establishment of local Debt Recovery Tribunals (DRTs) in Jammu and Kashmir.

'We Have Taken Steps For Effective Implementation of the Protection of Women from Domestic Violence Act': UOI Tells Supreme Court

Case details: We The Women of India v. Union of India & Ors, Writ Petition (C) No. 1156/2021

The Supreme Court bench of Justices B.V. Nagarathna and Nongmeikapam Kotiswar Singh recently heard a petition seeking directions to the Union Government, State Government, and Union Territories on the appointment, notification, and establishment of Protection Officers, Service Providers, and Shelter Homes under the Protection of Women from Domestic Violence Act, 2005 (PWDVA).

Supreme Court Appoints Nikhil Goel As Amicus To Determine Why FSL Reports In NDPS Are Not Filed On Time

Case details: Bablu Singh v. The State of Madhya Pradesh, SLP (Crl. Appeal) No. 631/2024

The Supreme Court bench of Justices J.K. Maheshwari and Rajesh Bindal has appointed Senior Advocate Nikhil Goel as the amicus curiae to consider the larger canvas of why States are not able to submit Forensic Science Laboratory (FSL) report along with Challan for the alleged recovery of the drug within the stipulated time under the Narcotics Drugs and Psychotropic Substance Act, 1985 (NDPS Act).

UPSC Aspirants' Deaths : Supreme Court Initiates Suo Motu Case On Safety Compliances Of Delhi Coaching Centres

Case Details: COACHING FEDERATION OF INDIA Versus GOVERNMENT OF NCT OF DELHI AND ORS., Diary No. 30149-2024

The Supreme Court initiated a suo motu case to ascertain the safety compliances of coaching centres in Delhi in the wake of the recent tragedy where three aspirants died in a flooded basement at Rau's IAS coaching centre in Delhi's Old Rajendra Nagar.

Kanwar Yatra : Supreme Court Extends Stay On UP, Uttarakhand Directives To Eateries To Display Owner & Staff Names

Case Title: ASSOCIATION FOR PROTECTION OF CIVIL RIGHTS (APCR) Versus THE STATE OF UTTAR PRADESH AND ORS., W.P.(C) No. 463/2024

The Supreme Court today extended the interim order of status quo over Uttar Pradesh and Uttarakhand governments' directives that eateries along the Kanwariya pilgrim route must display names of the owners and staff.

Manipur Violence : Supreme Court Extends Term Of Justice Gita Mittal Committee By 6 Months

The Supreme Court today (August 5) granted the extension of Justice Gita Mittal Committee for 6 months. The Committee is presently seeing several humanitarian aspects of the ethnic violence in Manipur.

'Maybe There Is Change Of Mind Due To Change Of Circumstance': Supreme Court On ED Seeking Adjournment Of Plea Against NDTV

Case Title – Directorate of Enforcement v. New Delhi Television Limited., SLP(C) No. 2771/2019

The Supreme Court on Monday granted the Enforcement Directorate (ED) additional time to address its plea against New Delhi Television (NDTV), and scheduled the matter for August 12, 2024, marking it as a "last chance" for the ED.

Can Criminality Be Inferred Merely Because Policy Benefited Wholesalers? Supreme Court Asks ED In Manish Sisodia's Bail Plea

Case Title: Manish Sisodia v. Directorate of Enforcement, SLP(Crl) No. 8781/2024

While hearing the petitions filed by former Delhi Deputy Chief Minister Manish Sisodia seeking bail in the liquor policy case, the Supreme Court today questioned ED counsel Additional Solicitor General SV Raju as to at what point a line can be drawn between "policy" and "criminality".

Senthil Balaji's Bail Plea | Cash Deposits Of Rs. 1.34 Crores Not From MLA Salary & Agricultural Income: ED To Supreme Court

Case Title – V. Senthil Balaji v. Deputy Director., SLP(Crl) No. 3986/2024

The Directorate of Enforcement (ED) on Monday (August 5) submitted before the Supreme Court that the cash deposit of Rs. 1.34 Crores in the bank account of former Tamil Nadu Minister Senthil Balaji have no connection with his salary as MLA or his agricultural income.

Contempt Of Courts Act | Appeal u/s 19 Maintainable Against Directions Regarding Merits Of Dispute Even If There's No Punishment Order: Supreme Court

Case details: Ajay Kumar Bhalla & Ors v. Prakash Kumar dixit, Civil Appeal No. 8129-8130 of 2024

The Supreme Court held that an appeal under Section 19 of the Contempt of Courts Act, 1971 would be maintainable against any direction passed by a bench in relation to the merits of the disputes between the parties, even though there is no order of punishment.

Supreme Court Criticizes Uttar Pradesh Govt For Delay In Deciding Remission Application, Directs Secretary To Appear

Case Title – Kuldeep v. State Of UP And Ors., W.P. (Crl.) No. 129/2024

The Supreme Court on Monday (August 5) ordered the Principal Secretary of the prisons department of Uttar Pradesh to appear before the Court via video conference on August 19, 2024 over the government's failure to timely decide remission plea of a convict.

'Sit Here For A Day & See The Work Pressure Of Judges' : CJI DY Chandrachud To Lawyer Seeking Early Hearing

Chief Justice of India DY Chandrachud today expressed displeasure at a counsel who was persistent in requesting an early hearing date.

When the counsel made repeated requests, a CJI told him "not to dictate to the Court" and said :

"Why don't you come and sit here and tell the court master what dates you want? Ultimately you see this is too much. You see the kind of pressure of work on the Court's time. If you like, come and sit here, please come and sit here. Sit for the day. I assure you, you will run for your life!"

Patanjali Case | Supreme Court Expresses Dissatisfaction With IMA President's Apology, Says It Must Be Published In All Major Papers

Case Title: Indian Medical Association v. Union of India | W.P.(C) No. 645/2022

During the hearing of the Patanjali misleading ads case, the Supreme Court today expressed displeasure with the nature of apology tendered by Indian Medical Association President Dr RV Asokan in relation to his contemptuous remarks against the Court in an interview.

Commenting that Dr Asokan was "inviting more trouble" for himself, the bench of Justices Hima Kohli and Sandeep Mehta adjourned the matter to August 27, on a submission by Senior Advocate PS Patwalia (for IMA) that Dr Asokan would take appropriate steps to purge himself of the contempt.

Punjab Files Application In Supreme Court Seeking Release Of Funds From Union Govt

The State of Punjab has filed an application seeking urgent release of funds from the Union under the alleged dues of Market Fees and Rural Development Fees (RDF).

Punjab Additional Advocate General Shadan Farasat requested CJI DY Chandrachud for an early listing of the interim application seeking release of funds from the Union.

Can't Entertain Petitions To Fast Track Hearings In High Courts : Supreme Court

Case Title – Arun Ramchandran Pillai v. Directorate of Enforcement., SLP(Crl.) No. 10566/2024

The Supreme Court orally expressed that it cannot entertain petitions seeking fast-tracking of hearings in High Court.

Justice Abhay Oka cited the experience he faced as a judge of the High Court while saying that the Supreme Court should not be passing orders to the High Court for time-bound disposal of matters. Justice Oka opined that the High Courts have huge case backlogs and a Supreme Court direction to expedite one particular case could cause disruptions.

Senthil Balaji's Bail Plea | Can Trial In PMLA Case Proceed Without Trial In Predicate Offence? Supreme Court Asks

Case Title – V. Senthil Balaji v. Deputy Director., SLP(Crl) No. 3986/2024

The Supreme Court on Tuesday (August 6) while hearing former Tamil Nadu Minister Senthil Balaji's bail plea asked whether the trial under Prevention of Money Laundering Act, 2002 (PMLA) could proceed without the trial of the predicate offence.

PMLA : Supreme Court To Hear Review Petitions Against Vijay Madanlal Choudhary Judgment On August 28

Case Title : Karti P Chidambaram v. The Directorate of Enforcement | RP(Crl) 219/2022 (and connected cases)

The Supreme Court today posted to August 28 the batch of petitions seeking review of the 2022 judgment in Vijay Madanlal Choudhary v. Union of India (VMC).

A special bench of Justices Surya Kant, CT Ravikumar and Ujjal Bhuyan heard arguments briefly, but agreed to adjourn the matter at the request of Solicitor General Tushar Mehta, who submitted that the matter was listed suddenly (post 9 pm yesterday) and therefore, ED may be given some time to prepare and argue.

'You've Money For Ladli Behna, All Money On Freebies; Take Little Bit To Pay Compensation ': Supreme Court Pulls Up Maharashtra

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 07), pulled up the Maharashtra government for not filing an affidavit regarding, inter-alia, the details of the compensation given in a case wherein the State illegally occupied a person's property and allotted a notified forest land instead.

'You've Money For Ladli Behna, All Money On Freebies; Take Little Bit To Pay Compensation ': Supreme Court Pulls Up Maharashtra

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 07), pulled up the Maharashtra government for not filing an affidavit regarding, inter-alia, the details of the compensation given in a case wherein the State illegally occupied a person's property and allotted a notified forest land instead.

'Out Of 5000 PMLA Cases, Only 40 Convictions In 10 Years' : Supreme Court Says ED Must Focus On Quality Prosecution

Case Title: SUNIL KUMAR AGRAWAL Versus DIRECTORATE OF ENFORCEMENT, SLP(Crl) No. 5890/2024

The Supreme Court highlighted the low rate of conviction in money laundering cases and underscored that the Enforcement Directorate (ED) should focus on the quality of prosecution.

A bench of Justices Surya Kant, Dipankar Datta and Ujjal Bhuyan was hearing a bail petition of Chhattisgarh-based businessman Sunil Kumar Agarwal, who was arrested for the offence of money laundering in relation to coal transportation.

'We Aren't Going To Control Trial Court': Supreme Court In Ramakrishna Raju's Plea Against YS Jagan Mohan Reddy

Case Title: RAGHU RAMAKRISHNA RAJU Versus CENTRAL BUREAU OF INVESTIGATION AND ORS., Diary No. 41443-2023 (and connected case)

While hearing Telegu Desam Party MLA Raghu Ramakrishna Raju's plea for transfer of case pending against ex-Andhra Pradesh Chief Minister YS Jagan Mohan Reddy, the Supreme Court today expressed that it has already passed directions for expedition of trial and will not dictate the trial Court any further with regard to any discharge application or otherwise.

"India Facing Huge Diabetes Problem": PIL In Supreme Court For Warning Labels On Packaged Foods Regarding Sugar & Fat Levels

Case Title – 3S and Our Health Society v. Union of India & Ors.

A Public Interest Litigation (PIL) filed before the Supreme Court seeks judicial intervention to direct the Union of India, as well as States and Union Territories, to mandate the implementation of Front-of-Package Warning Labels (FOPL) on packaged foods.

'Some Retire From District Judiciary With A Monthly Pension Of Only Rs.15K' : Supreme Court Expresses Concerns To Union

Case Title: All India Judges Association v. UoI And Ors. WP(C) No. 643/2015

The Supreme Court today (August 8) flagged concerns over the issue of meagre retirement pensions given to the District Judges.

The bench comprising CJI DY Chandrachud and Justices JB Pardiwala and Manoj Misra was hearing the All India Judges Association Case relating to the implementation of the Second National Judicial Pay Commission.

'You Can't Round Up People For All This' : Supreme Court Questions MP Govt Over Arrest Of School Principals Over 'Illegal' Fee Hike

Case Details: FR. ABRAHAM THAZHATHEDATHU vs. THE STATE OF MADHYA PRADESH., Atul Abraham Vs State of MP, Diary No. - 31739/2024

The Supreme Court heard the bail pleas filed by principals of various schools and officer bearers of the Schools' Managing Committee (including a Bishop) in Jabalpur who were arrested for allegedly raising the fees and selling the books with different ISBN numbers.

Will Share FIRs & Documents Related To Sand Mining Cases With ED : TN Govt Tells Supreme Court

Case title: DIRECTORATE OF ENFORCEMENT vs. THE STATE OF TAMIL NADU

The Supreme Court on Wednesday (August 7) adjourned the ED's plea against Madras HC's order staying ED summons to District Collectors of Vellore, Trichy, Thanjavur and Ariyalur, to August 27, 2024. The summons were issued to the collectors in connection with alleged illegal sand mining-money laundering cases.

Supreme Court Directs NGT To Monitor Silicosis-Prone Industries And Orders NHRC To Oversee Compensation Process For Affected Workers

Case Title – Peoples Rights And Social Research Centre (PRASAR) & Ors. v. Union of India & Ors., Writ Petition (Civil) No. 110 of 2006

The Supreme Court directed the National Green Tribunal to monitor and ensure compliance with minimal standards in industries prone to silicosis disease and to take necessary steps to prevent the spread of the disease.

Can ED Summon Abhishek Banerjee To Delhi Regarding Jobs Scam Case In Bengal? Supreme Court Continues Hearing

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

The Supreme Court continued hearing TMC MP Abhishek Banerjee's plea against ED summons in a school jobs scam case. The crux of the issue is whether the ED could summon Banerjee to Delhi in relation to the school jobs case in West Bengal. Arguments were made on the extent of applicability of the Code of Criminal Procedure (CrPC) to the proceedings under the Prevention of Money Laundering Act (PMLA).

Judicial Appointments Are Now Taking Place, Multiple Petitions Unnecessary : AG Tells Supreme Court

Case Title: Harsh Vibhore Singhal v. Union of India | Writ Petition(s)(Civil) No(s). 702/2023

The Supreme Court adjourned the hearing of a petition seeking to direct the Centre to appoint judges in a time-bound manner after the Attorney General for India expressed reservations about "multiple petitions" being filed on the same cause.

Supreme Court Hears Plea Challenging Delhi HC Order Upholding Union's Decision To Dissolve Maulana Azad Education Fund

Case Details : DRSYEDA SAIYIDAIN HAMEDA & ORS. v. UNION OF INDIA & ORS.

The Supreme Court today (August 9) heard the challenge to the Union's dissolution of 40 years old Maulana Azad Education Fund (MAEF) constituted for promoting education among educationally backward minorities.

Supreme Court Hears Plea Seeking Free Treatment For Children With Muscular Dystrophy

Case Details : Ratnesh Kumar Jigyasu And Ors. v. Union Of India And Ors. W.P.(C) No. 1012/2023 PIL-

The Supreme Court today heard a batch of petitions filed by parents of children suffering from Muscular Dystrophy who seek a policy for free treatment of the disease.

The bench of CJI DY Chandrachud,Justices JB Pardiwala and Manoj Misra was hearing a petition seeking to commence a national programme for the treatment of children with muscular dystrophy. The petition further sought the formulation of a standard policy for issuing unique ID cards to patients of muscular dystrophy to enable them to get free treatment at any government or private hospital.

S. 27 Evidence Act | Statement Of Accused Inadmissible If No New Fact Is Discovered Pursuant To Disclosure: Supreme Court

Case Details: ALLARAKHA HABIB MEMON ETC. VERSUS STATE OF GUJARAT, CRIMINAL APPEAL NO(S). 2828-2829 OF 2023

The Supreme Court has held that the disclosure made by an accused under Section 27 of the Indian Evidence Act is irrelevant if the fact was previously known to the police.

The Court held so while reversing the conviction in a murder case. The Court held that the disclosure of the accused regarding the crime scene was irrelevant as this fact was already known to the police. Hence, the statement was not admissible under Section 27.

'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.

Centre Seeks Time To Verify And Clear Bills Of Lawyers Representing Delhi Govt

Case Title: Government of NCT of Delhi v. Union of India and Ors., W.P.(C) No. 140/2024

The Supreme Court on Tuesday (August 20) adjourned the hearing of a petition filed by the Delhi government against the Union of India & Delhi Lieutenant Governor (LG) assailing non-payment of its lawyers' bills, after the Union's counsel sought 4 weeks' time to verify and clear the bills of the lawyers engaged to represent Delhi government (against the Union).

'HC Was Not Right' : Supreme Court Questions Delhi HC For Asking Congress To Approach ITAT To Stay Tax Recovery

Case Details: INDIAN NATIONAL CONGRESS v. Versus DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE -19 AND ORS., Diary No. 12713-2024

The Supreme Court, today (on August 20), issued notice on the petition filed by the Indian National Congress(INC) against the Delhi High Court rejecting its application for a stay on the recovery of income tax demand for an Assessment Year 2018-2019.

'You Became Claimant, Prosecutor & Judge' : Supreme Court To UP Govt On Recovery Against Congress Over UPSRTC Dues

Case Title: UP Congress Committee (I) Vs State of UP., SLP(C) No. 828/2024

The Supreme Court today (on August 20) extended the stay granted from the recovery of Rs 2.66 crores from the Uttar Pradesh Congress Committee (UPCC) towards the dues to the Uttar Pradesh State Transport Corporation (UPSRTC). Pertinently, the dues were for using the buses and taxis of the UPSRTC for its political purposes between 1981-89, the period during which the Congress party was in power in the State.

Seeking Stay Of HC Judgment Scrapping OBC Classifications, West Bengal Govt Tells Supreme Court

Case Details : THE STATE OF WEST BENGAL AND ANR. Versus AMAL CHANDRA DAS Diary No. - 27287/2024

The West Bengal Government on Tuesday (August 20) told the Supreme Court that it was seeking stay of the Calcutta High Court's judgment which quashed the classification of seventy seven communities as Other Backward Classes (OBCs).

Senthil Balaji's Bail Plea In PMLA Case | Either Have Trial Of All Predicate Offences Or Exclude Any : Supreme Court To ED While Reserving Judgment

Case Title – V. Senthil Balaji v. Deputy Director., SLP (Crl.) No. 3986/2024

The Supreme Court on Tuesday (August 20) observed that the ED must either rely on a complete trial of all three predicate offences against Senthil Balaji in the money laundering case against him or decide to let go of some cases as predicate offence. The Court observed that splitting the trial would not serve any purpose.

Delhi Green Cover | Will Issue Contempt Notices On Slightest Non-Compliance Of Conditions For Tree-Felling, Warns Supreme Court

Case Title – MC Mehta v. Union of India & Ors., Writ Petition (Civil) No. 4677/1985

The Supreme Court on Tuesday (August 20) indicated that it will issue contempt notice on even slightest non-compliance of conditions imposed by it while permitting felling of large number of trees in Delhi.

Supreme Court Calls For Reform Proposals From Bar Associations & Bar Councils On Advocates' Bodies' Functioning

Case Details: RE: STRENGTHENING AND ENHANCING THE INSTITUTIONAL STRENGTH OF BAR ASSOCIATIONS Versus THE REGISTRAR GENERAL AND ORS., SLP(C) No. 3950/2024

The Supreme Court today (on August 21) stressed the need to come up with guidelines or parameters that can be enforced for Bar Associations across the country.

The Bench of Justices Surya Kant and Dipankar Datta said that it was not an adversarial litigation and underscored that this is a long-term investment and is important for the institution. “Unless, we start doing something now, how will we succeed? It cannot be magical wand to do everything. From this point of view start giving your suggestions.”

Review Petition Filed In Supreme Court Against Judgment Allowing Sub-Classification Of Scheduled Castes & Creamy Layer Exclusion

Case Title – Jaishri Laxmanrao Patil v. State of Punjab

A review petition has been filed in the Supreme Court challenging the judgment delivered on August 1, 2024, by a seven-judge bench which permitted the sub-classification of Scheduled Castes (SCs) for providing separate quotas for more backward groups within the SC categories.

Supreme Court Slams Principal Secretary Of UP Prisons Department For Making False Statement In Affidavit, Warns Of Contempt Action

Case Title – Ashok Kumar v. State of Uttar Pradesh & Anr.

The Supreme Court on Tuesday (August 20) pulled up the Principal Secretary of the Prison Administration and Reforms Department of Uttar Pradesh for making false statement in an affidavit filed before the court regarding the delay in processing a convict's plea for permanent remission.

When Default Bail Plea & Application To Extend Time For Chargesheet Filed On Same Day, Which Will Prevail? Supreme Court To Consider

Case Details: Mohammed Jabir v. National Investigation Agency, Diary No. 34469-2024

The Supreme Court today (August 21) agreed to consider the question of law whether the default bail filed under Section 167(2) (procedure when investigation cannot be completed within twenty-four hours) of Code of Criminal Procedure could take precedence over an application for extension of time to file chargesheet under Section 43D(2) of Unlawful Activities (Prevention) Act, 1967 (UAPA) if both are filed on same day.

Is 18-Month D.El.Ed. Obtained Through Distance Learning Equivalent To NCTE-Mandated 2-Year Diploma? Supreme Court To Decide

Case Title – Kousik Das & Ors. v. State of West Bengal & Ors.

The Supreme Court will decide the issue of whether a Diploma in Elementary Education (D.El.Ed.) obtained through an 18-month distance learning program is equivalent to a two-year diploma course, as prescribed by the National Council for Teacher Education (NCTE).

Can A Holder Of LMV License Drive A 'Transport Vehicle' Of Unladen Weight Less Than 7500 Kgs? Supreme Court Reserves Judgement

Case Details : M/S. BAJAJ ALLIANCE GENERAL INSURANCE CO.LTD. v. RAMBHA DEVI & ORS. | Civil Appeal No(s).841/2018

The Supreme Court today (August 21) reserved its judgement on the issue of whether a person holding a driving license in respect of a “light motor vehicle” (LMV), could on the strength of that license, be entitled to drive a “transport vehicle of light motor vehicle class” having unladen weight not exceeding 7500 kg.

Bhima Koregaon Bail : Supreme Court To Consider Hearing Jyoti Jagtap & Mahesh Raut Matters Together

Case Details: Jyoti Jagtap v. National Investigation Agency & Anr. | Criminal Appeal No. 2598 of 2023

On being apprised that challenge to the bail granted to co-accused Mahesh Raut is pending before another bench, the Supreme Court bench dealing with the bail plea of activist and Bhima Koregaon case accused Jyoti Jagtap asked the Registry today to obtain orders for conjoint hearing of the two cases.

Shambhu Border Blockade | Supreme Court To Constitute Committee To Negotiate With Protesting Farmers Within One Week

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

The Supreme Court today (on August 22), in a matter related to the blockade on the national highway at the Shambhu border, said that it will pass an order concerning the constitution of a Committee, to negotiate with the protesting farmers, within a week.

Registrar Must Ensure Assistants Work Diligently : Supreme Court Warns Registry Of Serious Consequences For Errors

Case Title – Vairamuthu v. State of Tamil Nadu., 2024 LiveLaw (SC) 596

The Supreme Court on Tuesday (August 20) directed the Registrar (Judicial Listing) to ensure that the assistants perform their work diligently and warned of serious consequences if recurrence of any error in the case files is noticed.

All Critical Decisions On New Excise Policy Taken At Kejriwal's Behest : CBI To Supreme Court

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

In a counter-affidavit filed before the Supreme Court opposing Delhi CM Arvind Kejriwal's pleas challenging arrest and seeking bail in the Delhi Liquor Policy case, the Central Bureau of Investigation has stated that all critical decisions in the formulation of the excise policy were taken at Kejriwal's behest and there is substantial evidence pointing to his involvement.

Supreme Court To See Progress Of Trial Before Considering Appointment Of SPP In Jobs Scam Case Against Senthil Balaji

Case Title – Y. Balaji v. Assistant Commissioner of Police Central Crime Branch (Job Racketing) & Anr.

The Supreme Court on Friday (August 23) said that it would first see how the trial in the Tamil Nadu cash for jobs scam, in which former Tamil Nadu minister Senthil Balaji is the prime accused, is proceedings before considering the appointment of a Special Public Prosecutor.

'He Comes Out & You Immediately Put Him Behind Bars' : Supreme Court To TN Govt On Savukku Shankar's Detention

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

The Supreme Court today (August 23) heard the challenge to the 16 FIRs filed against YouTuber Savukku Shankar over an online interview.

The bench of Justices JB Pardiwala and Manoj Misra adjourned the hearing allowing some time to the State of Tamil Nadu to file additional documents pertaining to the case.

Can Alimony Be Granted When Marriage Is Declared Void Under Hindu Marriage Act? Supreme Court To Consider

Case Details : SUKHDEV SINGH v SUKHBIR KAUR Civil Appeal No(s). 2536/2019

The Supreme Court is due to consider the issue whether alimony can be granted where the marriage has been declared void.

The bench of Justices Vikram Nath and PB Varale noted that there have been conflicting views by the decisions of various division benches in interpreting the applicability of Sections 24 and 25 of the Hindu Marriage Act, 1955 (HMA) and a bench comprising 3 Judges be set up to resolve the issue.

Supreme Court Warns States/UTs Which Haven't Given Information On Open Prisons

Case Details: Suhas Chakma v Union of India & Ors. WP (C) No. 1082/2020

The Supreme Court on August 20 directed the State Government and Union Territories to provide complete information on the functioning of Open Correctional Institutions within four weeks in a batch of petitions filed by human rights activist Suhas Chakma flagging the issues of congestion of prisons, rehabilitation of prisoners and regarding legal aid in prisoners.

Actress Sexual Assault Case : Supreme Court Asks Kerala Govt About Number Of Witnesses To Be Examined In Trial

Case Title : SUNIL N S v.THE STATE OF KERALA | SLP(Crl) No. 11147/2024

The Supreme Court on Tuesday (August 27) sought information from the State of Kerala regarding the number of witnesses remaining to be examined in the actress sexual assault case.

A bench of Justices Abhay S Oka and Augustine George Masih asked the State's counsel to seek instructions on this aspect while considering the bail application of prime accused Sunil NS, also known as Pulsar Suni. Prominent Malayalam actor Dileep is charged in the case as a conspirator behind the abduction and sexual assault of the actress in a moving vehicle in the outskirts of Kochi in February 2017.

West Bengal OBC Reservations| Supreme Court To Hear Challenge Against HC Order Quashing 77 OBC Classifications On Sep 2

Case Details : THE STATE OF WEST BENGAL AND ANR. Versus AMAL CHANDRA DAS Diary No. - 27287/2024

The Supreme Court has adjourned to Monday (September 2) the hearing of the challenge to Calcutta High Court's order quashing classification of 77 communities as Other Backward Classes (OBC) by West Bengal Government.

'Illegible, Miniscule Font': Supreme Court Expresses Discontent Over Size Of Apology Published By IMA President

Case Title: Indian Medical Association and Anr. v. Union of India and Ors. | W.P.(C) No. 645/2022

The Supreme Court today again expressed displeasure with an apology published by Indian Medical Association's President Dr RV Asokan in relation to his remarks against the Court in a media interview over the Patanjali contempt case.

Supreme Court Directs MoRTH To Create Portal And Toll-Free Number For National Highway Encroachment Complaints

Case Title – Gyan Prakash v. Union of India & Anr.

The Supreme Court of Tuesday (August 27) directed the Ministry of Road Transport and Highways (MoRTH) to establish a portal and a toll-free number for citizens to lodge complaints about encroachments on National Highways.

'Won't Tolerate IAS Officer Lying To Court As Per Convenience Of His Masters' : Supreme Court Rebukes UP Prisons Secretary

Case Title – Ashok Kumar v. State of Uttar Pradesh & Anr., Writ Petition (Criminal) No. 134/2022

The Supreme Court on Tuesday (August 27) sharply criticized the Principal Secretary of the Prison Administration and Reforms Department of Uttar Pradesh for submitting a false affidavit regarding the progress of a remission plea of a convict.

Supreme Court Issues Notice In PIL For Braille Labels On Medicines, Consumer Products, Tickets Etc

Case Details : MEDHANSH SONI vs. UNION OF INDIA W.P.(C) No. 000516 / 2024

The Supreme Court today (August 27) issued notice in a Public Interest Litigation seeking guidelines for the implementation of the Braille Integration System in medicine prescriptions, consumer products and currency notes for the benefit of visually impaired persons.

Some Explanation Expected From Registry When Case Isn't Listed Despite Specific Direction : Supreme Court

Case Title – Sukhraj Labh Singh v. Zainab Rafiullah Shaikh & Ors.

The Supreme Court on Tuesday (August 27) observed that the Registry must provide reasons if a case explicitly ordered to be listed by the Court on a particular date is not listed on that date.

A bench of Justice Abhay Oka and Justice Augustine George Masih stated this after the counsel for one of the parties in a case related to a property dispute informed that Court that an SLP which was specifically directed to be listed today, was not listed.

Very Unfortunate That People Have To Come To Supreme Court For Bail Even In Magistrate Triable Case: Supreme Court

Case Title – Abdulmajid Abdulsattar Memon v. State of Gujarat

The Supreme Court on Tuesday (August 27) granted bail to a man accused of forgery and cheating, who had been in custody since May 4, 2023, noting that the charges had not been framed yet and he had been either acquitted or the case against him had been quashed in nine out of fourteen antecedents against him.

CJI Shifts DDA Tree Felling Contempt Case To His Bench From Justice Oka's Bench

Case Details: Bindu Kapurea v. Subhasish Panda Dairy No. 21171-2024, In Re Subhasish Panda Vice Chairman DDA SMC(Crl) No. 2/2024

The contempt case in the Supreme Court against the Delhi Development Authority (DDA) over tree felling will now be heard by a bench led by the Chief Justice of India instead of the bench led by Justice Abhay S Oka.

MBBS Admissions For Persons With Mental Health Conditions: Supreme Court Asks NMC's Expert Committee To Review Its Opinion

Case Title: Vishal Gupta v. Union of India & Ors. | Writ Petition (Civil) No. 1093 of 2022

In an MBBS-aspirant's plea challenging denial of reservation under the quota for Persons With Disabilities (PwD) on account of a mental health condition, the Supreme Court recently directed an Expert Committee constituted by the National Medical Council to review its recommendations in light of the Centre's notification of March 2024 prescribing certain guidelines for assessment of specified disabilities.

Supreme Court CB Starts Hearing On Validity Of PSUs Appointing Arbitrators From Their Own Panels

Case details : CENTRAL ORGANISATION FOR RAILWAY ELECTRIFICATION vs. M/S ECI SPIC SMO MCML (JV) A JOINT VENTURE COMPANY C.A. No. 009486 - 009487 / 2019

A Constitution Bench of the Supreme Court today (August 28) commenced the hearing on the issue whether a person, who is ineligible to be appointed as an arbitrator, can appoint an arbitrator.

The Constitution Bench comprising Chief Justice of India DY Chandrachud, Justice Hrishikesh Roy, Justice PS Narasimha, Justice JB Pardiwala, and Justice Manoj Misra was considering the issue.

'Child's Custody Can Be Refused To Natural Parents, It Depends On Welfare Of Child' : Supreme Court Says While Reserving Judgment

Case no. – Crl.A. No. 3821/2023

The Supreme Court disapproved of an order of the Madhya Pradesh High Court granting custody of a 2.5-year-old child to her father on the sole ground that father is the natural guardian, calling it a “completely erroneous approach”.

Certificates Issued Under Transgender Persons Act 2019 Acceptable For PAN Card Applications : Centre Tells Supreme Court

The Supreme Court recently suggested that the Union of India should incorporate provisions allowing certificates for identity and gender change issued under the Transgender Persons (Protection of Rights) Act, 2019 as valid documentation for applying for a PAN card into the relevant Rules.

Supreme Court Cancels Bail After 3 Years In Economic Offence Case, Says Interest Of Scam Victims Must Be Protected

Case Details: Manik Madhukar Sarve & Ors. v. Vitthal Damuji Meher & Ors, Criminal Appeal No. 3573 of 2024

In a peculiar case, the Supreme Court on August 28 cancelled the bail of an accused after almost 3 years of his release in connection with offences punishable under Sections 409, 420, 467, 468, 471 and 120B of the Indian Penal Code and Section 3 of the Maharashtra Protection of Interest of Depositors (in Financial Establishments) Act, 1999.

Supreme Court Rebukes Telangana CM Revanth Reddy For Adverse Comments On Order Granting Bail To K Kavitha

Case Title: Guntakandla Jagadish Reddy and Ors v. State of Telangana and Ors., T.P.(Crl.) No. 152-153/2024

While hearing the plea for transfer of trial in the 2015 cash-for-votes case(s) against Telangana Chief Minister-A Revanth Reddy, the Supreme Court today expressed strong disapproval of certain remarks made by Reddy over the Court's grant of bail to BRS leader K Kavitha.

Kerala Requests Supreme Court To List Its Suit Against Union Over Borrowing Limits

Case Title: State of Kerala v. Union of India | Original Suit No. 1 of 2024

The State of Kerala today (August 30) requested the bench led by CJI DY Chandrachud to consider the formation of a larger bench to examine the reference in its original suit filed against the Union Government over financial borrowing limits.

All FIRs Against 'Tandav' Series Makers Closed, Uttar Pradesh Govt Tells Supreme Court

Case Title : Himanshu Kishan Mehra & Ors. v. State of Uttar Pradesh & Ors. | Writ Petition (Criminal) No. 48 of 2021 (and connected matters)

During the hearing of petitions filed by makers of Amazon Prime Video's 'Tandav', for clubbing and transfer of FIRs lodged against them in 6 cities for allegedly hurting religious sentiments, the Supreme Court was informed today that the cases pending in Uttar Pradesh stand closed.

Supreme Court Asks Former J&K CM Omar Abdullah And Estranged Wife Payal Abdullah To Appear For Mediation

Case Details: Omar Abdullah v. Payal Abdullah SLP(C) No. 7427/2024

The Supreme Court today (August 30) has directed former Chief Minister of Jammu & Kashmir Omar Abdullah and his estranged wife Payal Abdullah to go for mediation at the Supreme Court Mediation Centre.

Omar had filed a divorce petition arguing that his marriage with Payal had irretrievably broken down.

'House Demolished For Crime By Tenant's Son' : Plea In Supreme Court Against 'Bulldozer Action'

Case Title: Brinda Karat v. North Delhi Municipal Corporation & Ors. | Writ Petition (Civil) No. 294 of 2022 (and connected matters)

Two applications seeking urgent relief against bulldozer/demolition action by authorities in Madhya Pradesh and Rajasthan have been filed before the Supreme Court. The matter will be taken up on September 2.

51% Of Country's Preventive Detention Orders Come From Tamil Nadu Every Year : Savukku Shankar's Lawyer Tells Supreme Court

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

The Supreme Court today (August 30) heard the challenge to the 16 FIRs filed against YouTuber Savukku Shankar over an online interview. The Court also heard the habeas corpus petition filed by his mother Kamala challenging his detention under the Tamil Nadu 'Goondas' Act 1982.

Thol. Thirumavalavan MP Files Review Petition Against Supreme Court's Judgment Allowing Sub-Classification Of Scheduled Castes

Case Details: Thol. Thirumavalavan v. State of Punjab & Ors. REVIEW PETITION (CIVIL) NO. __OF 2024

Today, Thol Thirumavalavan, 2nd-time Member of Parliament and President of Viduthalai Chiruthaigal Katchi-the largest Dalit Party in Tamil Nadu has filed a review petition against the sub-classification judgment of the Supreme Court.

Can A Person Who Is Ineligible To Be An Arbitrator Nominate Arbitrator? Supreme Court Reserves Judgment

Case details : CENTRAL ORGANISATION FOR RAILWAY ELECTRIFICATION vs. M/S ECI SPIC SMO MCML (JV) A JOINT VENTURE COMPANY C.A. No. 009486 - 009487 / 2019

The Supreme Court today (August 30) reserved its judgment on the reference issue of whether a person, who is ineligible to be appointed as an arbitrator, can appoint an arbitrator.

The Constitution Bench comprising Chief Justice of India DY Chandrachud, Justice Hrishikesh Roy, Justice PS Narasimha, Justice JB Pardiwala, and Justice Manoj Misra was considering the validity of an arbitration clause which prescribes that the appointment of the arbitrator will happen from a panel of arbitrators curated by one of the parties, which is mostly a public sector undertaking (PSU) in majority of the cases.

'Good Work Done, But There's Always Scope For More' : Supreme Court Closes PIL Raising Concerns About Tiger Deaths

Case Title: Anupam Tripathi and Anr. v. Union of India and Ors., WP(C) No. 683/2017

The Supreme Court today disposed of a public interest litigation initiated in 2017 to address the issue of tiger deaths in the country. The order was passed taking into account the petitioner's desire to no longer press the PIL (at this stage), as substantial steps had been taken by the Union on the issue.

S. 58(f) TPA | Production Of Title Deeds As Security Towards Debt Amounts To Creation Of 'Equitable Mortgage' : Supreme Court

Case Title: A. B. GOVARDHAN VERSUS P. RAGOTHAMAN, CIVIL APPEAL NOS. 9975-9976 OF 2024

The Supreme Court on Thursday (Aug. 29) held that the production of title deeds of the property as a security towards the debt amounts to the creation of a 'mortgage by deposit of title deeds' under Section 58 (f) of the Transfer of Property Act, 1882 (“TPA”).

Supreme Court Issues Notice On Union's Appeal Against CETSTAT Order Allowing Vedanta's Plea To Levy Anti-Dumping Duty On Aluminium Imports

Case Details: UNION OF INDIA Versus VEDANTA LIMITED AND ORS Diary No. 28883-2023

The Supreme Court on August 30 issued notice to the respondent Vedanta Limited in a Special Leave Petition filed by the Union of India against the judgment passed by the Customs Excise Service Tax Appellate Tribunal(CESTAT) in an anti-dumping appeal case.

Supreme Court Asks CBI To Enquire Why ASI & Centre Backtracked On Protection For Shaikh Ali Gumti In Delhi's Defence Colony

Case Title – Rajeev Suri v. Archaeological Survey of India & Ors., 2024 LiveLaw (SC) 628

The Supreme Court on Tuesday (August 27) directed the Central Bureau of Investigation(CBI) to initiate a preliminary enquiry into the decision of the Archeaological Survey of India(AS) and the Central Government not to protect the Shaikh Ali 'Gumti', in Defence Colony, New Delhi, based on sole objection by Defence Colony Welfare Association (DCWA).


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