Supreme court
NDPS Act | In-Charge SHO Competent To Conduct Search In Absence Of Station House Officer : Supreme Court
The Supreme Court recently held that a search under the NDPS Act can be carried out by the In-Charge Station House Officer in the absence of the designated SHO of the Police Station. The bench of Justice Pankaj Mithal and Justice SVN Bhatti was hearing the challenge against the order of the Rajasthan High Court, which quashed an FIR for offences under Sections 8/18, 25 and 29 of the...
PMLA Accused Entitled To Hearing Before Cognizance Is Taken Of ED Complaint Filed After BNSS Came Into Effect : Supreme Court
The Supreme Court held that before taking cognizance of a money laundering complaint under section 44(1)(b) of the Prevention of Money Laundering Act (PMLA), the special court has to give opportunity to the accused to be heard as per the proviso to Section 223(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023.A bench comprising Justice Abhay S Oka and Justice Ujjal Bhuyan quashed the...
S. 19 PC Act | Sanction Not Vitiated Due To Minor Edits In Draft Sanction Order Without Affecting Substance : Supreme Court
The Supreme Court upheld the conviction of a retired public servant who had sought acquittal on the basis of alleged irregularities in the sanction order, noting that the minor edits made to the sanction report merely ensured that its form aligned with its substance, without altering its actual content.Observing that no failure of justice had occurred, the bench comprising Justices Dipankar...
Unregistered Agreement To Sell Admissible As Evidence To Prove Contract In Specific Performance Suit : Supreme Court
The Supreme Court held that an unregistered agreement to sell may be admitted as evidence to establish the existence of a contract in a suit seeking specific performance. The Court said that this arrangement is made possible under the proviso to Section 49 of the Registration Act, 1908, which allows an unregistered document to be received as evidence of a contract in a suit for...
'Court Can't Compel Any State To Adopt National Education Policy' : Supreme Court Dismisses Plea To Implement NEP In Tamil Nadu
The Supreme Court on Friday dismissed a Public Interest Litigation filed by a person seeking to direct the State of Tamil Nadu to implement the National Education Policy (2020) including its 'three-language formula'.A bench comprising Justice JB Pardiwala and Justice R Mahadevan observed that the Court cannot issue any direction under Article 32 of the Constitution to compel any State to...
'Not Court's Duty To Tell Media To Delete' : Supreme Court Sets Aside Delhi HC Order To Remove Wikipedia Page About ANI's Case
The Supreme Court on Friday (May 9) set aside the Delhi High Court order, which directed the deletion of a Wikipedia page on defamation proceedings initiated by news agency Asian News International (ANI) against Wikimedia on the ground that the page was prima facie contemptuous and amounted to interference in court proceedingsA bench of Justice Abhay S Oka and Justice Ujjal Bhuyan reiterated...
Valid District Survey Report Essential For Environment Clearance; Draft Or Lapsed DSR Can't Be Basis For EC : Supreme Court
The Supreme Court today (May 8) struck down the Uttar Pradesh government's e-auction notice for sand mining leases which cited reliance on an expired 2017 District Survey Report (DSR), which lapsed in 2022, and a draft 2023 DSR that had not yet been finalized. The Court held that, under the Environment Protection Act, 1986 and the Environmental Impact Assessment (EIA) Notifications, a valid...
