Judicial Decision Does Not Infringe Fundamental Rights : Supreme Court

The Supreme Court recently reiterated the principle that a judicial decision cannot be challenged as infringing fundamental rights.The Court noted that it has been laid down in Naresh Shridhar Mirajkar Vs. State of Maharashtra that "a judicial decision rendered by a Judge of competent jurisdiction in or in relation to a matter brought before him does not infringe a Fundamental Right."A...

Supreme Court Has No Power Of Superintendence Over High Courts : SC

The Supreme Court stated that it has no power of superintendence over the High Courts.A bench comprising Justices Dipankar Datta and Augustine George Masih made this observation while refusing to direct a High Court to expeditiously decide a criminal appeal filed by the petitioner. The petitioner filed a writ petition under Article 32 of the Constitution aggrieved by the delay in the hearing...

Delay Occurred In Filing Appeal Against Acquittal Under S.378 CrPC Can Be Condoned Under Limitation Act: Supreme Court

The Supreme Court held that the delay that occurred in preferring an appeal against the acquittal can be condoned under Section 5 of the Limitation Act, 1963. Concurring with the decision of the High Court, the Bench Comprising Justices Sudhanshu Dhulia and P.B. Varale observed that if there is a delay in filing an appeal against the acquittal of the accused then the delay can be condoned...

Supreme Court Surprised At State Opposing Maintenance Plea Of Wife By Siding With Husband

In a wife and minor daughter's plea for maintenance, the Supreme Court recently expressed surprise at State's conduct of siding with the husband. “The approach of the State of taking the side of the husband in a maintenance case, to say the least, is very strange. In fact, the learned counsel, who appeared for the State was under a duty and obligation to act as an officer of the...

Schedule Tribe Member Migrating To Another State/UT Can't Claim ST Status If Tribe Isn't Notified As ST In That State/UT : Supreme Court

In an important judgment, the Supreme Court held that a person with the status of a Scheduled Tribe (ST) in one State cannot claim the same benefit in another State or Union Territory where he/ she has eventually migrated, where the tribe is not notified as ST. Further, Justices BV Nagarathna and Augustine George Masih also held that a public notification by the President, as given under...

NEET-MDS 2024 | Looking Into Issue Of Internship Cut-Off Date, Centre Tells Supreme Court

The union government told the Supreme Court on Wednesday (February 21) that it is looking into the grievances of NEET-MDS candidates regarding the extension of internship deadline.Taking note of this, the Supreme Court did not pass any order on a plea to postpone the National Eligibility cum Entrance Test for Master in Dental Surgery Course (NEET MDS) 2024 and extend the internship...

Accused Cannot Invoke S.91 CrPC To Compel Prosecution To Produce Things At The Stage Of Framing Of Charge: Supreme Court

Recently, the Supreme Court observed that the courts cannot issue processes under Section 91 of the Code of Criminal Procedure (Cr.P.C) to compel the production of things/documents based on the application made by the accused at the stage of framing of charges. The short question before the Supreme Court was whether the accused could file an application for the production of things/documents...

Ensure Advocates Representing State Aren't Forced To Approach Courts To Recover Fees : Supreme Court To Uttar Pradesh Govt

The Supreme Court has asked the State of Uttar Pradesh to ensure that the advocates representing the State Government are not forced to file petitions in Courts to recover the fees due to them.“We hope and trust that the State will not create a situation, where an Advocate representing the State is required to approach the Court for recovery of his fees. If this scenario of creating a...

Chandigarh Mayor Election | Supreme Court Initiates Criminal Proceedings Against Presiding Officer For False Statement That Ballots Were Invalid

The Supreme Court on Tuesday, came down heavily upon the Presiding Officer (PO) of the Chandigarh Mayoral Elections, Mr Anil Masih in light of his deliberate attempt to meddle with the election results during the vote counting process. Setting aside the election results and declaring Mr Kuldeep Kumar of the AAP-INC Alliance as the rightful mayor of Chandigarh, the Court also initiated...

Supreme Court Declares AAP Councillor As Chandigarh Mayor, Finds That Presiding Officer Deliberately Defaced Ballots

In a significant development, the Supreme Court on Tuesday (February 20) declared Aam Aadmi Party Councillor Kuldeep Kumar as the Mayor of the Chandigarh Municipal Corporation.The Court declared the results announced by the Presiding Officer Anil Masih on January 30, 2024, whereby the BJP candidate Manoj Kumar Sonkar was declared as the winner, to be illegal and set it aside. The Court found...

Apple Has No Duty To Trace Stolen iPhone Using Unique Identity Number : Supreme Court

The Supreme Court obliterated an observation made by the Odisha State Consumer Commission that Apple India has the duty to trace a stolen iPhone with the help of a unique identity number provided by it.The Supreme Court stated that the observation made by the Consumer Commission was "unwarranted".The Bench Comprising Justices Vikram Nath and Satish Chandra Sharma was hearing an appeal filed...

Medical Negligence | Supreme Court Awards Rs 10 Lakh Compensation To Patient Who Developed Hoarseness In Voice After Trainee Gave Anaesthesia

The Supreme Court recently awarded Rs. 10 lakhs compensation to a patient who developed hoarseness in his voice due to medical negligence committed by doctors while administering anaesthesia.The patient (now deceased) claimed compensation of Rs. 18,00,000/- (Rupees Eighteen Lakhs only), against the faulty operation done by the Manipal hospital which resultantly developed hoarseness in his...