Supreme court
'Defence Ministry Finds There's A Racket Running On Disability Pension Cases' : Attorney General Tells Supreme Court
While defending the transfer of a judicial member of the Armed Forces Tribunal, Chandigarh Bench, Attorney General for India R Venkataramani told the Supreme Court on Friday (October 13) that there is a "racket" conducting disability pension cases at the AFT. The AG also questioned the genuineness of the petition filed by Armed Forces Tribunal Chandigarh Bar Association (AFTCBA) challenging...
Merely Because A Person Is Educated & God Fearing, It Can't Be Said That He Has Good Reputation : Supreme Court
The Supreme Court in a judgment delivered on Friday (13.10.2023) held that just because a person is educated and said to be God-fearing, it cannot be said that the person has a positive reputation.“A court of law cannot declare the reputation of a person based upon its own opinion merely because a person is educated and said to be God-fearing, that by itself will not create a...
Electricity Act | Captive Generating Plant Having More Than One User And Fluctuating Shareholding- Consumption To Be Calculated Using “Weighted Average” Principle: Supreme Court
The Supreme Court bench comprising Justice Sanjiv Khanna and Justice M.M. Sundresh, has held in cases where a Captive Generating Plant (CGP) has more than one user and fluctuating shareholding or any change in ownership, shareholding, or consumption occurs, the principle of “Weighted Average” should be applied to determine the proportional electricity consumption of each user, in terms...
Article 226 | High Court Ought To Relegate Parties To Alternate Remedies When There Are Serious Factual Disputes: Supreme Court
A Division Bench of the Supreme Court, in its judgment dated October 13, 2023, opined that one of compelling reasons for relegating the writ petitioner to an alternative remedy may arise where there is a serious dispute between the parties on a question of fact and materials/evidence(s) available on record are insufficient/inconclusive to enable the Court to come to a definite...
De-sealing Of Properties In Delhi: Supreme Court Forms Committee Of Retired Judges To Hear Challenge To Monitoring Committee Orders
the the The Supreme Court has constituted a Judicial Committee with two retired judges to deal with the challenges to the orders passed by the Monitoring Committee in relation to sealing/desealing of properties in Delhi.The members of the Committee are : 1) Justice Pradeep Nandrajog, retired Chief Justice of the Bombay High Court and 2) Justice G.S. Sistani, retired Judge of the Delhi...
Services Provided to IIT & NIT Exempt From Service Tax: Supreme Court Holds After Interpreting 'Or' & Semicolon In Exemption Notification
In an interesting judgment, the Supreme Court held that the Indian Institute of Technology and the National Institute of Technology will come under the Mega Service Tax Exemption Notification issued by the Department of Revenue in 2012(and amended and clarified by a subsequent notification issued in 2014).The issue in the case related to the service tax liability of M/s Shapoorji Pallonji...
Supreme Court Criminal Digest-August 2023
15 days police custody meant to be applied to the entire period of investigation as a whole : Supreme Court doubts 1992 precedent. V. Senthil Balaji v. State, 2023 LiveLaw (SC) 611 : 2023 INSC 677A Judge does not preside over a criminal trial merely to see that no innocent man is punished. This Court proceeded to observe that a Judge also presides to see that a guilty man does not escape....
Delay & Laches Vital In Service Matters, Can Be Seen As Acquiescence: Supreme Court
The Supreme Court, while rejecting the belated service-related claim made by one Bichitrananda Behera pertaining to the post of Physical Education Trainer, held that ground of delay and laches in such cases amounts to acquiescence which means an implied and reluctant consent to an act.The Court also noted that Behera, in the period of over 12 years had not moved before any forum, be it a Court...
Central Agencies Also Examining Skill Development Scam, This Shows Case Against Chandrababu Naidu Is Not State's Vendetta: AP CID Tells Supreme Court
Objecting to former Andhra Pradesh Chief Minister N Chandrababu Naidu's plea for quashing of criminal proceedings in connection with a skill development scam in the state, the state police's crime investigation department (CID) cautioned the Supreme Court on Friday(October 13) against nipping the investigation at the bud at this stage. The state agency, in particular, emphasised the losses to...
SLPs In Criminal Cases Don't Divulge Crucial Information : Supreme Court Says Changes In Rules Of Practice Needed
The Supreme Court today(Oct 13) highlighted that Special Leave Petitions (SLPs) in criminal cases often lacked crucial information. The Court expressed its concern and voiced the need for essential changes in the rules and practices of criminal case proceedings. The Court observed that SLPs very often do not contain crucial information such as the age of accused/petitioner. It also noted...
Supreme Court Refuses To Interfere With Transfer Of AFT Chandigarh Bench Judge, Agrees To Examine Plea To Remove Tribunal From Defence Ministry's Control
The Supreme Court today (13.10.2023) sought the response of the Union of India on a plea seeking to divest the control of the Armed Forces Tribunal from the Ministry of Defence. The bench comprising CJI DY Chandrachud, Justice JB Pardiwala, and Justice Manoj Misra was hearing a plea filed by the Armed Forces Tribunal Chandigarh Bar Association (AFTCBA) alleging that Justice Dharam...