Supreme court
Stubble Burning | Encourage Crops That Don't Leave Behind Stubble : Supreme Court Flags Long-Term Solutions
The Supreme Court on Friday (November 10) expressed renewed concerns over the raging farm fires in the states adjacent to Delhi, particularly Punjab, urging the governments to come up with emergency measures to douse the fires now and longer-term measures for crop replacement in a phased manner and to encourage crops that do not leave behind stubble that will require burning,...
Supreme Court Castigates UP Govt For 'Shocking' Approach In Muzaffarnagar School Slapping Case; Summons Education Secretary
In a scathing order, the Supreme Court on Friday (10th Nov) castigated the State of Uttar Pradesh and its Education Department for non-compliance with the orders passed concerning the counselling and admission for the student victim in the infamous Muzaffarnagar school slapping case. The Court expressed strong dissatisfaction with the lack of proper counselling provided to the child and...
Supreme Court Explains Essentials To Prove Conspiracy While Affirming Life Sentence To Convicts In Kerala Hooch Tragedy
The Supreme Court recently upheld the conviction and life sentence of appellants involved in a deadly conspiracy of liquor poisoning. The Court relied on the landmark case of State v. Nalini to lay down the essential constituents for proving a case of criminal conspiracy. It reaffirmed that “Where in pursuance of the agreement, the conspirators commit offenses individually, all of them will...
Supreme Court Allows Man To Donate Liver To 3-Year-Old Cousin Who Is Overseas Citizen Of India; Says Order Won't Be Treated As Precedent
The Supreme Court recently allowed liver donation by a person to his cousin, a 3-year-old child who is suffering from a chronic liver disease, while also making it clear that the instant order will not act as a precedent for any other case.The Court's interventionn came after authorization committee under the Transplantation of Human Organs and Tissues Act, 1994 denied approval for the...
No Seizure Of Journalistic Or Academic Materials From Digital Devices Without Judicial Warrant: Academics Submit Draft Guidelines To Supreme Court
Five academicians who have petitioned the Supreme Court seeking guidelines for the seizure of personal electronic devices by investigating agencies have prepared a set of draft guidelines and have submitted them to the Court (Ram Ramaswamy and Ors. v. Union of India and Ors.). On Thursday (November 9), the ,matter came before the Bench of Justices Sanjay Kishan Kaul and Sudhanshu Dhulia,...
EPF Act Can Be Applied Even To Factories Not Engaged In Schedule 1 Industries: Supreme Court Rejects Plea Of Umbrella Making Unit
The Supreme Court recently held that a notification under clause (b) of sub-Section (3) of Section 1 of the Employees’ Provident Fund and Miscellaneous Provisions Act, 1952, can be issued by the Central Government in respect of factories engaged in any industry that has not been not specified in Schedule I. The Top Court was considering whether a factory, which is not specified in Schedule...
To Curb Gun Problem, Make Bail Provisions More Stringent Like PMLA; Reverse Burden Of Proof: Amicus Tells Supreme Court
Senior Advocate S Nagamuthu, the amicus curiae in an ongoing suo motu case in the Supreme Court aimed at curbing the proliferation of unlicensed firearms, has suggested making bail provisions under the Arms Act, Explosives Act, and Explosive Substances Act more stringent, akin to those in the Prevention of Money Laundering Act and the Narcotic Drugs and Psychotropic Substances Act....
Debatable If PIL Is Not At All Maintainable In Service Matters: Supreme Court Leaves Issue of Law Open
The Supreme Court, recently (on November 03), while hearing an appeal arising out of the judgment passed by the Delhi High Court, expressed doubt on its dictum that PIL is “not at all” maintainable in Service Matters while terming the same as “debatable issue”. Accordingly, the Court has kept the issue open and the same is to be decided in the appropriate case.A matter was heard...
Can Past Service As Judicial Officer In One State Be Counted For Benefits In Judicial Service In Another State? Supreme Court To Consider
Can the past service in the judicial services of another State be taken into account for the purpose of benefits in the judicial service of one state? The Supreme Court is set is examine this issue in a case.Recently, the Court issued notice to the Delhi High Court in a Special Leave Petition filed against the Delhi High Court order wherein one Ms. Neetu Nagar, a candidate serving in...
Supreme Court Upholds Constitutionality Of IBC Provisions Relating To Personal Guarantors; Says Adjudicatory Role Can't Be Read Into Sec 97
In a significant judgment, the Supreme Court on Thursday (November 9) upheld the constitutionality of the provisions of the Insolvency and Bankruptcy Code (IBC) relating to Personal Guarantors' Insolvency Resolution, which were introduced through the amendments made in 2019.The Court held that these provisions (Section 95 to 100 IBC) cannot be held as unconstitutional for not affording...
4 Circumstances To Be Proved In Cases Of Murder By Poison : Supreme Court Explains
The Supreme Court recently exonerated an accused in a two-decade-old case involving alleged liquor poisoning which led to the death of a man. The Court invoked the landmark 1984 case of Sharad BirdhiChand Sarda v. State of Maharashtra (1984) 4 SCC 116 to reiterate the circumstances to be proved in cases of murder by poison, namely underlining the importance of establishing a clear motive,...
