Supreme court
ED Can't Invoke PMLA Using S.120B IPC When Criminal Conspiracy Isn't Linked To A Scheduled Offence : Supreme Court
In an important judgment pronounced today, the Supreme Court clarified that an offence of criminal conspiracy punishable under Section 120-B of the Indian Penal Code will be deemed a scheduled offence under the Prevention of Money Laundering Act (PMLA) only if the alleged conspiracy is directed towards committing an offence specifically included in the schedule of the PMLA.“An...
Plea To Relocate Students Affected By Manipur Violence To Central Universities : Supreme Court Seeks Views Of SG, Advocate General
The Supreme Court on Tuesday (28.11.2023) directed the Solicitor General of India Tushar Mehta and Advocate General of Manipur to consider a plea for relocating 284 students affected by the Manipur violence to different Central Universities where they could continue their studies. The bench comprising CJI DY Chandrachud, Justice JB Pardiwala, and Justice Manoj Misra was hearing a plea by...
Fire Insurance | Exact Cause Of Fire Immaterial If Insured Was Not Responsible For Initiating Fire: Supreme Court
In a fire insurance claim, the Supreme Court recently held that the exact cause of the fire is immaterial if the insured is not implicated as the one responsible for initiating the fire. This principle, grounded in the Canara Bank v. United India Insurance Company (2020) 3 SCC 455 case reinforces the insurer's duty to honor the terms of the insurance policy and fulfill its obligations to...
Supreme Court Stays NGT Order Imposing Rs 12,000 Crore Cost On State Of Maharashtra For Improper Management Of Solid & Liquid Waste
The Supreme Court on Tuesday (28.11.2023) stayed the order of the National Green Tribunal (NGT) which had in 2022, directed the State of Maharashtra to deposit a cost of Rs 12,000 crore in a 'ring fenced account' for failure to treat solid and liquid waste generated in the state. Senior Advocate Mukul Rohatgi, appearing for the State of Maharashtra, argued against the amount imposed and...
Supreme Court Orders Survey To Determine If Kerala's Mega Car Parking Project At Periyar Reserve Falls Within Area Leased To Tamil Nadu
In a dispute between the States of Kerala and Tamil Nadu, the Supreme Court today(Nov. 28) directed a survey by the Survey of India to determine the extent of a property covered by the Periyar Lake Lease Agreement dated 29th Oct 1886. The survey aims to ascertain whether the construction of a mega car park by the State of Kerala has encroached upon any part of the said property.The...
'How Can HC Stay Elections?' : Supreme Court Sets Aside P&H High Court's Stay On Wrestling Federation Of India Elections
In a significant development, the Supreme Court today overturned the stay imposed by the Punjab and Haryana High Court on the elections to the Executive Council of the Wrestling Federation of India (WFI). The Court expressed strong reservations about the High Court passing an interim order and staying the elections. It expressed its unequivocal stance that elections should never be...
"Are You Stuck With One Person?": Supreme Court Asks Central Government On Delhi Chief Secretary Naresh Kumar's Term Being Extended
The Supreme Court on Tuesday (28.11.2023) asked to the Central Government if it was stuck on one person as the Chief Secretary to the Delhi Government. This was after the Centre submitted that it was planning to extend the tenure of the current Delhi Chief Secretary Naresh Kumar(who is due to retire on November 30). The bench comprising CJI DY Chandrachud, Justice JB Pardiwala and Justice...
Supreme Court Issues Notice On Andhra Pradesh CID's Plea Against N Chandrababu Naidu's Regular Bail
The Supreme Court on Tuesday (November 28) issued notice in a plea by the State of Andhra Pradesh challenging the regular bail granted to N Chandrababu Naidu, Telugu Desam Party (TDP) supremo and former chief minister of the state, in the skill development scam case. A bench of Justices Bela M Trivedi and Satish Chandra Sharma was hearing the State of Andhra Pradesh's special leave...
'Can't Keep The Pot Boiling Over Dead Bodies' : Supreme Court Issues Directions For Dignified Cremation/Burial Of Manipur Violence Victims
On Tuesday, November 28, the Supreme Court issued directives regarding the burial or cremation of bodies of tribals who perished in the state's ethnic violence. A committee appointed by the Supreme Court reported that among the 175 bodies in mortuaries, 169 were identified, with 81 claimed and 88 unclaimed. The Manipur government designated nine sites for burial or cremation.The bench, led...
No Expert Opinion Produced To Show If Adulterated Mixture Was Sold Instead Of Petrol & Diesel : Supreme Court Quashes Chargesheet
The Supreme Court recently quashed a chargesheet in a case where it was alleged that the appellants were cheating thousands of customers by supplying an adulterated mixture instead of petrol or diesel. The Court emphasized that the prosecution's reliance on the charge sheet without a supporting expert opinion on the nature of the liquid seized makes the case untenable.The absence of an...
Kapil Sibal Writes : We Are Witnessing Undeclared Emergency & Courts Are Silent
Indira Gandhi declared a National Emergency on June 25, 1975, under Article 356 of the Constitution on grounds of a breakdown of the constitutional machinery. Between June 25, 1975 and March 21, 1977, with the suspension of fundamental rights, several citizens of the country could not protect their liberties under Article 21 and 226 of the Constitution. The individuals targeted during...
Splitting Of Trial Under S. 317(2) Of Cr. P.C Can't Be Done When Further Investigation Has Already Been Ordered: Supreme Court
The Supreme Court recently held that splitting of trial under section 317(2) of Cr. P.C., 1973 cannot be ordered when further investigation has already been ordered. Moreover, it cannot be done when the investigating agency has not furnished a non-traceable certificate before it.It is pertinent to note section 317(2) CrPC which states: If the accused in any such case is not represented by...