Supreme court
Elder Sister Has No Legal Right To Exercise Guardianship Over Younger Sister, Unless There's A Court Order : Supreme Court
In a habeas corpus case filed by a woman for the production of her younger sister, the Supreme Court recently held that an elder sister does not have a legal right to exercise guardianship except when there is an order by a competent Court. Dismissing the petitioner's case, the Bench of Justices Aniruddha Bose and Sanjay Kumar said, “we do not think the writ petition seeking relief...
'Medicines Weren't For Sale' : Supreme Court Sets Aside Sentence Of Imprisonment Imposed On Doctor For Not Disclosing Manufacturer, Imposes Fine
The Supreme Court recently set aside the sentence of imprisonment imposed on a doctor for the offence under Section 18(A) read with Section 28 of the Drugs and Cosmetics Act, 1940, for not disclosing the name of the manufacturer/persons from whom the medicines in his clinic were procured.While maintaining the conviction, the Court converted the sentence of imprisonment of 6 months into a...
Supreme Court Sets Aside Dismissal Of Class-IV Court Staff For Sending Representations Directly To HC & CM On Salary Greivances
The Supreme Court on Thursday (February 15) observed that an employee cannot be terminated from the post merely because he sent a representation to his superior officers flouting the proper channel.“In this regard, it is suffice to observe that Class-IV employee, when in financial hardship, may represent directly to the superior but that by itself cannot amount to major misconduct for...
Hasn't Encroached Judiciary's Land In Delhi, Party's Plot Was Subsequently Earmarked For Court Expansion : AAP Tells Supreme Court
The Aam Aadmi Party (AAP) has told the Supreme Court that it is not in encroachment of any land meant for the judiciary in Delhi. In response to the Supreme Court's direction to remove the encroachment by a "political party" in a land meant for Delhi judiciary, the AAP has filed an affidavit in the Court stating that the said plot had been allotted to it by the Delhi Government in...
Electoral Bonds | Supreme Court Rejects Union's Argument That Citizens Have No Right To Know About Political Funding
Today (February 15), the Supreme Court delivered a historic judgment, holding that anonymous electoral bonds violate the right to information under Article 19(1)(a) of the Constitution. While holding this, the Constitution Bench also upheld the voter's Right to Information about funding to a political party. The Court reasoned that such information is essential for a voter's freedom...
Suit For Declaration Of Title Without Seeking Recovery Of Possession Not Maintainable When Plaintiff Not In Possession: Supreme Court
Recently, the Supreme Court reiterated the well-established position of law that under Section 34 of the Specific Relief Act of 1963, a suit for declaration of title without seeking recovery of possession is not maintainable when the plaintiff is not in possession. In this regard, the Court also stressed that a plaint could be amended at any suit stage, even at the second...
N.I. Act | Directors Not Liable For Dishnor Of Cheque Issued By Company After Their Resignation : Supreme Court
The Supreme Court on Wednesday (February 14) observed that the Director of the company wouldn't be held liable for the dishonor of a cheque issued by the company pursuant to the retirement of the Director unless some credible evidence is brought on record proving the guilt of the director.Reversing the findings of the High Court which refused to quash the criminal proceedings against the...
How Much Each Political Party Got Through Electoral Bonds? Justice Sanjiv Khanna's Judgment Reveals
In his separate but concurring judgment in the Electoral Bonds case, Supreme Court judge Justice Sanjiv Khanna mentioned certain important data regarding contributions through electoral bonds.Based on the data from the website of the Election Commission of India and the details supplied by the petitioners, the judgment mentioned the following table regarding the contributions received...
Allowing Unlimited Corporate Donations Through Electoral Bonds Violates Free & Fair Elections : Supreme Court Voids Companies Act Amendment
In a landmark verdict today, the Supreme Court struck down the controversial electoral bonds scheme as unconstitutional, holding that the anonymity conferred by electoral bonds violates the right to information enshrined in Article 19(1)(a) of the Constitution.This decision comes after a constitution bench, comprising Chief Justice DY Chandrachud and Justices Sanjiv Khanna, BR Gavai,...
Supreme Court Asks ECI To Publish Details Of Electoral Bonds Encashed By Political Parties
While striking down the Electoral Bonds scheme as unconstitutional, the Supreme Court issued the following directions : A. The issuing bank(State Bank of India) shall herewith stop the issuance of electoral bonds.B. The State Bank of India shall submit the details of electoral bonds purchased since the interim order of the Court dated April 12, 2019 till date to the Election Commission of...
Electoral Bonds Not The Only Way To Curb Black Money, There're Alternative Means Which Are Less Restrictive : Supreme Court
The Supreme Court has observed that the purpose of curbing black money is not a sufficient justification to anonymise the identities of donors and the details of the contributions in the electoral bonds scheme.A Constitution Bench of the Supreme Court held that the anonymous electoral bonds scheme violated the right to information of a voter guaranteed under Article 19(1)(a) of the...