Public Interest Litigation Can't Be Entertained When It Raises Personal Grievances: Supreme Court

The Supreme Court on Thursday (January 25) dismissed a Public Interest Litigation (PIL) petition which sought directions to implement the recommendations of the NITI AYOG on streamlining medical research in India.The bench led by Chief Justice of India DY Chandrachud observed that the petitioner, renowned cardiac surgeon Dr KM Cherian, was also seeking to espouse his personal cause in the...

PIL For Independent Process To Appoint CAG : Supreme Court Seeks Centre's Response

The Supreme Court on Thursday (January 25) issued notice on a Public Interest Litigation(PIL) instituted under Article 32 of the Constitution in relation to the appointment process of the Comptroller and Auditor General of India (CAG). The three-Judge Bench of Chief Justice DY Chandrachud, Justices JB Pardiwala and Satish Chandra Sharma, after hearing submissions of Senior...

Supreme Court Annual Digests 2023- Protection of Children from Sexual Offences (POCSO) Act

Protection of Children from Sexual Offences Act, 2012 - Juvenile Justice (Care and Protection of Children) Act, 2015; Section 3 - A support person – whether involved from the early stages of lodging a report or brought on board shortly thereafter - can play a tremendous role in offering encouragement, reassurance, and guidance, merely from their knowledge of the legalese, armed with...

Supreme Court Annual Digest 2023- Prevention of Money Laundering Act (PMLA), 2002

Prevention of Money Laundering Act (Act 15 of 2003) – Section 3 – Registration of ECIR – Effect of delay – Information about all complaints, the nature of the complaints, and the amount of money allegedly collected towards illegal gratification had all come into the public domain – Once a piece of information relating to the acquisition of a huge amount of illegal gratification in...

Conviction Cannot Be Based On Suspicion : Supreme Court Acquits Accused In 15 Yr Old Murder Case

While deciding the issue whether suspicious sole recovery of blood-stained weapon could form the basis of conviction, the Supreme Court on Wednesday (January 24) held in negative by holding that sole circumstance of recovery of blood-stained weapon cannot form the basis of conviction unless the same was connected with the murder of the deceased by the accused. Setting-aside the...

Members In Default Of Membership Fee Stand Disqualified From Society Without Notice; They're Not Entitled To Vote : Supreme Court

The Supreme Court recently (on January 23) held that as per Section 15 of the Societies Registration Act, 1860, disqualified members would not be entitled to any notice as they had no right to vote or to be counted as members. The concerned provisions read as: “Disqualified members - For the purposes of this Act a member of a society shall be a person who, having been...

Advocates' Office Run From Residence Not Subject To Property Tax As Business Building: Supreme Court Refuses To Interfere With Delhi HC Ruling

The Supreme Court refused to interfere with the Delhi High Court judgment, holding that an advocate's office run from a residential building is not subject to property tax under the Delhi Municipal Corporation Act as a "business building."While doing so, the Bench of Justices BV Nagarathna and Augustine George Masih affirmed that the "professional activity" of lawyers does not fall within...

Supreme Court Annual Digest 2023 - Prevention Of Corruption Act

Prevention of Corruption Act, 1988 - Demand and recovery both must be proved to sustain conviction under the Act - Conviction set aside as demand was not proved. 2023 LiveLaw (SC) 232Prevention of Corruption Act, 1988 - In the present case, there are no circumstances brought on record which will prove the demand for gratification. Therefore, the ingredients of the offence under Section 7 of...

Accused Can't Seek Default Bail Merely Because Investigation Is Pending Against Other Accused Or Chargesheet Is Incomplete : Supreme Court

While deciding the question whether the accused could avail the statutory remedy of default bail when the investigation is pending against other accused, the Supreme Court on Wednesday (January 24) held in negative by holding that the statutory right to default bail cannot be availed by the accused once the charge-sheet is filed against him.The Court added that the accused cannot exercise...

ED Moves Supreme Court Seeking Transfer Of Bribery Probe Against Its Officer From Tamil Nadu DVAC To CBI

In a significant development on Wednesday (January 24), the Enforcement Directorate (ED) has petitioned the Supreme Court for the transfer of an investigation into bribery allegations against its officer, Ankit Tiwari, from the Tamil Nadu Vigilance and Anti-Corruption Department (DVAC) to the Central Bureau of Investigation (CBI).The move comes after Tiwari was reportedly apprehended...

Supreme Court Acquits Woman In 23 Year Old Murder Case After Finding Her To Be A Juvenile At The Time Of Offence

The Supreme Court in a recent order acquitted a woman who was sentenced to suffer life-imprisonment for committing an offence of murder, after finding that she was a juvenile in 2000 when the offence took place. Setting-aside the concurring finding of the High Court and the Trial Court, the Bench of Justices Abhay Oka and Ujjal Bhuyan, noted that at the time of occurrence of the offence,...

Tax Return Filed Without Regular Books Of Account Not Invalid, Burden To Call For Curing Of Defects On Assessing Officer: Supreme Court

While deciding the question as to whether reopening of a concluded assessment under Section 147 of the Income Tax Act (“Act”) was legally sustainable or not, the Supreme Court recently held that for the purposes of tax assessment, an assessee's obligation is limited to making a "full and true" disclosure of all "material" or primary facts, and thereafter, the burden shifts on the...