Supreme court
Supreme Court Seeks Report From NALSAR Centre For Disability Studies On Making Public Spaces Accessible To Disabled Persons
In a Public Interest Litigation (PIL) seeking to make public buildings accessible for the disabled, the Supreme Court directed the Centre for Disability Studies, NALSAR University of Law to make a report on steps to be taken to make public buildings and spaces fully accessible to persons with disabilitiesThe bench comprising Chief Justice of India DY Chandrachud, Justice JB Pardiwala and...
Person Accused Of PMLA Offence Need Not Be An Accused In Scheduled Offence : Supreme Court
The Supreme Court clarified that a person accused of an offence under Section 3 of the Prevention of Money Laundering Act (PMLA) need not necessarily be shown as an accused in the scheduled offence. The judgment clarified that a person, unconnected to the scheduled offence but knowingly assisting in the concealment of the proceeds of crime, can be held guilty of committing an offence...
Principles On Admissibility Of Secondary Evidence : Supreme Court Explains
The Supreme Court on Tuesday (29.11.2023) explained the principles relevant for examining the admissibility of secondary evidence under the Indian Evidence Act, 1872. The Court also reiterated that "if a document that is required to be stamped is not sufficiently stamped, then the position of law is well settled that a copy of such document as secondary evidence cannot be adduced."A bench...
High Courts Have Duty To Quash Vexatious Criminal Prosecutions : Supreme Court
The Supreme Court (on November 28) underscored the duty of the High Court in providing protection against vexatious and unwanted prosecution.Setting aside a judgment of the Allahabad High Court which refused to discharge the accused in a criminal case, the bench comprising Justices Vikram Nath and Ahsanuddin Amanullah observed :“The protection against vexatious and unwanted prosecution and...
Supreme Court Allows Centre To Extend Term Of Delhi Govt Chief Secretary Naresh Kumar; Upholds Centre's Power To Appoint GNCTD Chief Secretary
The Supreme Court on Wednesday (November 29) allowed the Union Government to extend by six months the term of the Chief Secretary of the Government of the National Capital Territory of Delhi, Naresh Kumar, who is otherwise due to retire tomorrow.The Court held that the Central Government has the power to appoint the Chief Secretary of the Delhi Government and that such power includes the power...
'Why Is Governor Sitting On Bills For Two Years?' : Supreme Court Criticises Kerala Governor Arif Mohammed Khan
The Supreme Court on Wednesday, (November 29) criticised the conduct of the Kerala Governor Arif Mohammed Khan in sitting over the bills passed by the Kerala State Legislative Assembly for two years."No reason has been given by the Governor to keep the bills pending", observed the bench led by Chief Justice of India DY Chandrachud in the order. "The power of the Governor cannot be utilised...
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...