Supreme court
Supreme Court Issues Notice On PIL To Regulate Live Broadcasting Of Medical Surgeries
The Supreme Court on Friday (13.10.2023), issued notice to the Centre and the National Medical Commission in a plea challenging the live demonstration of medical surgeries to trainee doctors, professionals, and medical conferences. The PIL was heard by a bench comprising CJI DY Chandrachud, Justice JB Pardiwala, and Justice Manoj Misra.Arguments in the CourtDuring the proceedings, Senior...
Sterling Witness Should Be Of High Quality Whose Version Is Unassailable: Supreme Court
The Supreme Court recently held that the evidence of an eye-witness should be of very sterling quality and caliber and it should not only instill confidence in the court to accept the same but it should also be a version of such nature that can be accepted at its face value.The Court relied on Rai Sandeep @ Deepu alias Deepu V. State (NCT of Delhi) (2012) 8 SCC 21 which held: “the...
Recruitment Process -Last Date To Fulfil Eligibility Criteria Is Last Date To Submit Applications, In The Absence Of Any Specific Rule: Supreme Court
The Supreme Court emphasized that where there is an absence of any specific rule or prescription, the last day for fulfilling eligibility is the last date of submission of the application. The Court made the observation while refusing the benefit of Economically Weaker Sections (EWS) reservation to candidates of Civil Service Examination 2022 who did not upload the income and asset certificate...
S.149 IPC - Prosecution Must Prove Accused Was Aware Of Offences Likely To Be Committed To Achieve Common Object: Supreme Court
The Supreme Court recently emphasized the importance of concrete evidence to establish the common object in cases involving Section 149 of the Indian Penal Code (IPC). This provision deals with vicarious liability of members of an unlawful assembly."To convict a person under Section 149 IPC prosecution has to establish with the help of evidence that firstly, appellants shared a common object...
S.153C Income Tax Act | Preceding 6 Years Period As Regards 3rd Party To Be Calculated From Date When Documents Are Assigned To Concerned AO : Supreme Court
The Supreme Court has rejected the argument of the Income Tax department that Section 153C of the Income Tax Act 1961 empowers the assessing officer to seek information from a third party regarding income tax returns of the period of six years preceding the date of the search of the assessee whose premises was originally searched.A Bench comprising Justice S. Ravindra Bhat and Justice...
Family Planning Every Citizen's Obligation, Married Couples Must Take Precautions To Avoid Unwanted Pregnancies: Supreme Court
The Supreme Court on Monday (09.10.2023) in an order allowing the medical termination of pregnancy of a married woman who is 26 weeks pregnant has highlighted the importance of family planning and taking adequate precautions. It is however, important to note that on October 11th, while hearing the recall application filed by the Union against the said order, the bench of Justice Hima Kohli...
'If Convict's Advocate Was Absent, HC Should've Appointed A Lawyer For Him' : Supreme Court Criticises HC Deciding Criminal Appeal Without Hearing
The Supreme Court recently examined a controversial conviction by the Madhya Pradesh High Court in a triple murder case that was based on a modified charge, noting the absence of the appellant's advocate during the hearing. The Court highlighted procedural errors and the failure to provide notice regarding the proposed alteration of the charge, which resulted in a breach of legal principles...
Supreme Court Imposes Cost Of Rs. 65 Lakhs On Punjab State Power Corp Ltd For Instituting Multiple Litigations To Wriggle Out Of Payment Obligations
The Supreme Court has imposed a cost of Rs. 40 Lakhs and Rs.25 Lakjs on Punjab State Power Corporation Limited (Respondent) based on the actual computation of costs incurred by Nabha Power Limited and Talwandi Sabo Power Ltd (Appellants). The Supreme Court had previously adjudicated the contractual dispute between the Parties and had directed the Respondent certain amounts to the...
Virtual Hearing Facilities Can't Be Restricted To Advocates/Litigants Above A Particular Age : Supreme Court
The Supreme Court, while mandating hybrid hearings in all High Courts across the country, expressed its concern over the absence of uniform Standard Operating Procedures (SOPs) in High Courts, highlighting the need for a clear and consistent approach to electronic access for hearings. The bench comprising Chief Justice DY Chandrachud, Justice J.B. Pardiwala and Justice Manoj Misra also...
Provide Counselling For Child Victims Of Sexual Offences, Ensure Their Education : Supreme Court Directs States
The Supreme Court has observed that whenever a child is subjected to sexual assault, the State or the Legal Services Authorities should ensure that the child is provided with a facility of counselling by a trained child counsellor or child psychologist. Because, it will help the victim children to come out of the trauma, which will enable them to lead a better life in future.The Court...
Can A Juvenile In Conflict With The Law Seek Anticipatory Bail Under S. 438 Cr.PC? Supreme Court To Consider
The Supreme Court is set to consider the question of whether an Anticipatory Bail filed under Section 438 of the Criminal Procedure Code, 1973 by a juvenile in conflict with the law as the per Juvenile Justice (Care and Protection of Children) Act, 2015 is maintainable.A bench of Justice Hrishikesh Roy and Justice Sanjay Karol issued notice to the State on Monday (9th October) in an appeal...
Caste Or Religion Of Litigant Should Never Be Mentioned In Judgments : Supreme Court To All Courts
The Supreme Court has deprecated the practice followed by certain Trial Courts and High Court of mentioning the caste or religion of a party in the cause-title of the judgment.While deciding a criminal appeal arising from a child sex abuse case in Rajasthan, the Supreme Court was surprised to note from the cause-title of the judgments of the Trial Court and the High Court that the...