JJ Rules 2007| Where Exact Assessment Of Age Not Possible, Reduction Of 1 Year Can Be Given: Supreme Court Accepts Juvenility Plea In 95 Murder Case

The Supreme Court recently reviewed and accepted the plea of juvenility by a convict after 27 years in an assault and murder case that took place in 1995. Although Juvenile Justice Act, 1986 was in force at the time of offence and conviction, a 5-judge Constitutional bench in the Pratap Singh case (2005) had clarified that the 2000 Act applied to pending proceedings initiated under the 1986...

Mineral (Auction) Rules 2015 - State Entitled To Annul Tender Notification When Number Of Technically Qualified Bidders Is Less Than 3 : Supreme Court

The Supreme Court recently validated the authority of the state to annul a tender process, with a specific focus on adherence to Rule 9 under the Mineral (Auction) Rules, 2015.Referring to Rule 9(10) of the Mineral (Auction) Rules, the Court said that where the total number of technically qualified bidders is less than three, then no technically qualified bidder shall be considered to...

BMW Car Damage : Supreme Court Refuses Claim For Replacement; Says Insured Can't Claim Anything More Than Insurance Policy Coverage

The Supreme Court on Monday (20.11.2023) reiterated that an insured cannot claim anything more than what is covered by the insurance policy. The Court also said the terms of an insurance policy, which determine the liability of the insurance company, must be read strictly.Referring to the recent ruling in National Insurance Company Ltd. v. Chief Electoral Officer, the Apex Court said that...

Sales Tax Bar Association Files Writ Petition Challenging CGST Appellate Tribunal Provisions, Supreme Court Issues Notice

Recently, the Supreme Court has issued notice in a writ petition challenging the constitutional validity of Sections 149 and 150 of the Finance Act, 2023 that seek to substitute Sections 109 and 110 of the Central Goods and Services Tax Act, 2017 (CGST Act). These provisions relate to the appointments and conditions of service of members to the Appellate Tribunal under the CGST Act.Petitioner...

Revenue Records Won't Confer Title; In Title Suit, Plaintiff Can't Succeed By Merely Pointing Out Lacunae In Defendant's Title : Supreme Court

Reiterating that revenue records are not documents of title, the Supreme Court held that mere mutation of revenue records would not divest the real title-owners of a land of their right, title and interest in the land.Referring to a catena of precedens, the Court observed that "mutation in revenue records neither creates nor extinguishes title, nor does it have any presumptive value on title....

Supreme Court Rejects NIA's Challenge To Chhattisgarh Police FIR Alleging Larger Conspiracy Behind 2013 Maoist Attack On Congress Leaders

The Supreme Court on Tuesday (21.11.2023) refused to entertain an appeal filed by the National Investigation Agency (NIA) challenging a fresh FIR registered, in 2020, by the Chhattisgarh police to probe the allegations of larger political conspiracy behind a Maoist attack that had killed several senior Congress leaders in Bastar in 2013. The matter was heard by a bench comprising CJI...

Courts Where Wife Takes Shelter After Leaving Matrimonial Home Due To Cruelty Can Entertain Section 498A IPC Complaint : Supreme Court

The Supreme Court recently held that the place where the wife lives and seeks shelter after leaving her husband's home due to cruelty will have jurisdiction to entertain complaints under Section 498-A, depending on the factual situation.Referring to a 3-judge bench decision in Rupali Devi v. State of U.P., (2019) 5 SCC 384, the court observed “The Courts at the place where the wife...

Delhi Pollution : Supreme Court Suggests Excluding Farmers Burning Stubble From Minimum Support Price

The Supreme Court on Tuesday (November 21) suggested excluding farmers burning their stubble from the purview of the minimum support price (MSP) infrastructure, as a part of a carrot-and-stick policy to disincentivise stubble burning in Punjab and other states adjacent to Delhi. It also recommended completely subsidising baling machines for poor farmers and financing their operating costs...

Will Can't Be Proved As Per Sec 69 Evidence Act By A Random Witness Saying He Saw Attesting Witness Signing It : Supreme Court

The Supreme Court on Monday (20.11.2023) held that in order to prove the genuineness of a will, it is not enough to examine a random witness who asserts that he saw the attesting witness affix his signature in the Will.Section 69 of the Evidence Act deals with proving the authenticity of a document in cases where no attesting witnesses are found. Under the said provision, it must be proved...

Mere Registration Of Adoption Deed Will Not Absolve A Person From Proving The Fact Of Adoption With Cogent Evidence: Supreme Court

The Supreme Court on Monday (20.11.2023), observed that mere registration of an Adoption Deed does not absolve the person asserting such adoption from proving the fact of adoption by cogent evidence and the person contesting it from adducing evidence to the contrary.A bench of Justice CT Ravikumar and Justice Sanjay Kumar made this observation while considering a case where a 70 year old...

'Appointments Only On Advertised Vacancies' : Supreme Court Holds 2 Judges To Be Wrongly Appointed; Refuses To Unseat Them Noting 10 Yrs Service

The Supreme Court recently held the procedure adopted by the Himachal Pradesh Public Service Commission and the High Court in the selection of Civil Judge (Junior Divisions) in 2013 to be wrong and consequently, the appointments of two judicial officers were found to be irregular. At the same time, the Court refused to unseat the two officers, considering the fact that they have rendered over...

Delhi Govt's Advertisement Funds Will Be Transferred To RRTS Project If Budgetary Allocation Not Made In 7 Days: Supreme Court

However, the Court kept the order in abeyance for one week, stating that it would come into operation if the Government did not voluntarily transfer the funds for the project within a week.