Supreme court
Supreme Court Affirms Penalty On 'Zarda' Manufacturers For Misclassifying Product As 'Chewing Tobacco' For Central Excise Duty
The Supreme Court while adjudicating a matter wherein the Assesssee deliberately misclassified the ‘Zarda’ produced by it as ‘Chewing Tobacco’ for evading payment of a high duty as applicable to ‘Zarda’, has affirmed the imposition of penalty and demand for payment of differential duty raised by the Central Excise Department from the Assessee.The Bench comprising Justice S....
Plea In Supreme Court Seeks Approval For Liver Donation By Man To His 3-Year-Old Cousin Who Is Overseas Citizen Of India
A petition has been filed in the Supreme Court seeking permission to allow liver donation by a person to his cousin, a 3 year old child who is suffering from a chronic liver disease.The authorisation committee under the the Transplantation of Human Organs and Tissues Act, 1994 denied approval for the liver donation citing the bar provided in Section 9.As per Section 9, only a "near relative"...
Voters' Right To Know v. Donors' Confidentiality : Supreme Court Reserves Judgment In Electoral Bonds Case
The Supreme Court on Thursday (November 2) reserved judgment in a batch of petitions challenging the electoral bonds scheme. A Constitution Bench comprising Chief Justice of India DY Chandrachud, Justices Sanjiv Khanna, BR Gavai, JB Pardiwala and Manoj Misra heard the matter for three days.The petitioners - Association for Democratic Reforms (ADR), Communist Party of India (Marxist), Dr...
'Not Protecting Queer Couples Despite Acknowledging Discrimination Is Abdication' : Review Petition Against Supreme Court Verdict
A review petition has been filed in the Supreme Court against its judgment in Supriyo v. Union of India which refused to legalise same-sex marriages.The review petition, filed by four petitioners (Udit Sood, Saatvic, Lakshmi Manoharan and Gagandeep Paul), faults the judgment for not affording any legal protection to queer couples despite acknowledging the discrimination faced by them. This,...
Murder Trial | Exception 4 To Section 300 IPC Not Applicable If Accused Took "Undue Advantage" Of Situation: Supreme Court
An offender who takes undue advantage of a situation is not entitled to the application of Exception 4 to Section 300 of the Indian Penal Code, held the Supreme Court while sustaining the conviction of a husband for the murder of his wife.In this case, the deceased(wife) had poured kerosene on herself to prevent further torture after a quarrel with her husband(appellant). The husband...
Service Law | Supreme Court Upholds Ante Dating Of Seniority List; Says No Prejudice Caused As Separate Quotas Prescribed For Degree & Diploma Holders
The Supreme Court on Monday (30.10.2023), dismissed an appeal filed challenging the antedating of a seniority list for being legally unsustainable.The Appellant in this case was challenging an order of a division bench of the Kerala High Court that had refused to interfere with the seniority of the private respondents. The Apex Court found that the ante dating of the seniority list caused...
'Governor Defeating Rights Of People': Kerala Government Moves Supreme Court Against Governor's Inaction In Assenting Bills
The Government of Kerala has approached the Supreme Court stating that the Governor of Kerala, Arif Mohammed Khan, is delaying the consideration of bills that the State Assembly has passed. The State Government has contended that the Governor has failed in his constitutional duties by causing unreasonable delay in considering over 8 pending bills. “The conduct of the Governor, as...
Discrimination In Allowing Late Submission Of Caste Certificates: Supreme Court Directs Gujarat Govt To Appoint 2 Candidates 16 Years After They Applied
The Supreme Court recently pulled up the State of Gujarat for selectively allowing certain candidates to submit their caste certificates beyond the cut-off date in an appointment process.The issue related to the selection process for the post of Vidya Sahayak (Music) carried out in the year 2007. Two applicants, who were visually challenged, applied under the Socially and Educationally...
Grant Of Bail Can't Be Made Dependent On Surrender Of Co-Accused : Supreme Court
A Division Bench of the Supreme Court, while allowing a bail plea, held that the grant of bail to a co-accused person cannot be contingent on the surrender of another accused who is also pertinently the main accused in the case.“In our opinion, the question of grant of bail to a co-accused person cannot made dependent upon surrender of another accused who is described as the main accused...
Supreme Court Half Yearly Digest 2023 - Environmental Laws
Aarey Case - The Supreme Court imposes Rs. 10 lakh fine on Mumbai Metro Rail Corporation Ltd (MMRCL) for seeking to cut more trees than allowed; but allows it to cut 177 trees. In Re: Felling of Trees in Aarey Forest (Maharashtra), 2023 LiveLaw (SC) 334 : 2023 INSC 381Appeal maintainable before NGT against corrigendum imposing additional conditions to environmental clearance. IL&FS Tamil...
Section 362 CrPC Bar Not Applicable To Bail Orders : Supreme Court
A Division Bench of the Supreme Court recently, while setting aside the judgment of the Madhya Pradesh High Court, held that Section 362 of the Code of Criminal Procedure, 1973, which prohibits modification of a judgment or final order, will not be applicable in an order for refusal of bail. The rationale given by the Court was that such an order has the characteristics of an interlocutory...
'Serving Personnel Can't Be Deemed To Ex-Servicemen From Future Date' : Supreme Court Rejects Army Veterans Plea For Govt Job
Serving Armed Forces officers can't be deemed to be Ex-Servicemen from a prospective date, said the Supreme Court while rejecting the claim of three appellants for appointments as Village Development Officers in the Uttar Pradesh State Service.The appellants, even while serving the Armed Forces, applied to the posts of Village Development Officers, advertised by the UP Subordinate...