Supreme court
MBBS Admission : Supreme Court Declares Candidate With Cerebral Palsy Eligible For PwD Quota Based On AIIMS Expert Body Opinion
The Supreme Court today ruled in favor of a candidate with cerebral palsy, declaring him eligible for reservation under the Persons with Disabilities (PwD) Act, 2016 for admission in the MBBS course. The candidate was declared eligible by the expert board of AIIMS constituted pursuant to the directions issued by the Court earlier on 22nd September 2023.The Court observed, “By cryptic...
Supreme Court Imposes Rs 3 Lakhs Costs On Sanjiv Bhatt For Petitions Against Trial Judge In Alleged Drugs Planting Case
The Supreme Court on Tuesday (October 3) imposed a cost of Rupees 3 Lakhs on sacked IPS officer Sanjiv Bhatt while dismissing the petitions filed by him alleging bias and unfairness against the presiding judge who is holding the trial in the alleged drug planting case against him.A bench comprising Justices Vikram Nath and Rajesh Bindal imposed costs of Rupees One Lakh each on the three...
Supreme Court Weekly Roundup (25th Sep- 1st Oct,2023)
Judgment/OrdersMedical Negligence & Res Ipsa Loquitur | Where Negligence Is Evident, Burden Of Proof Shifts To Hospital: Supreme CourtCase Number: C.A. No. 7175/2021In a significant judgment delivered on September 26, the Supreme Court affirmed the applicability of the principle of res ipsa loquitur in the context of medical negligence cases, emphasizing its applicability in cases...
Supreme Court Half Yearly Digest 2023 [Consumer Law]
Railways not liable for theft of passenger's belongings - the theft of personal belongings of a Passenger is not “deficiency of service” by Railways. If the passenger is not able to protect his own belongings, the Railways cannot be held responsible. The Supreme court set aside orders passed by Consumer forum whereby Railways was directed to reimburse the stolen amount of cash to...
Can Same-Sex Couples Marry? Supreme Court To Deliver Its Much Anticipated Judgment In Marriage Equality Case This Month
The Supreme Court is soon to deliver its judgment on the batch of petitions seeking legal recognition for queer marriages in India. A bench comprising Chief Justice of India DY Chandrachud, Justice Sanjay Kishan Kaul, Justice S Ravindra Bhat, Justice Hima Kohli and Justice PS Narasimha had started hearing the matter on April 18 and reserved judgement in the matter on May 11, 2023. With...
Supreme Court Monthly Digest July 2023
SUBJECT WISE INDEXAdvocateSupreme Court 'shocked' to see lawyer filing Article 32 petition against state to recover legal fees. Vijay Kumar Shukla v. State of U.P., 2023 LiveLaw (SC) 523Armed Forces'Discipline is a non-negotiable condition of service in Armed Forces': Supreme Court dismisses appeal of suspended army driver who overstayed leave. Ex Sepoy Madan Prasad v. Union of India,...
Panchnama Inadmissible In Court Where Witnesses Merely Acted As Attestors And Did Not Disclose How Objects Were Discovered: Supreme Court
The Supreme Court ruled that 'panchnamas' (documents recording the proceedings of searches and seizures) would be deemed inadmissible in a court of law if they were prepared in a manner violative of Section 162 CrPC. Specifically, the Court raised alarm over the role played by witnesses in these proceedings and their failure to adequately disclose how objects were discovered during...
Supreme Court Half Yearly Digest 2023 - Advocates & Bar Councils
Advocate making baseless allegation that another lawyer took money in judge's name; Supreme Court affirms contempt of court proceedings. Gunjan Sinha @ Kanishk Sinha v. State of West Bengal, 2023 LiveLaw (SC) 230Advocates Act 1961 - No provisions prohibit BCI from prescribing pre-enrolment exam- Neither these provisions, nor the role of the universities to impart legal education, in any...
Supreme Court Criminal Digest - June 2023
Approver need not be examined as witness by magistrate when cognizance is taken by Special Court under PC Act. A. Srinivasulu v. State of Rep. by the Inspector of Police, 2023 LiveLaw (SC) 485Bail - Condition to furnish bank guarantee for granting bail is unsustainable in law. Karandeep Singh v. CBI, 2023 LiveLaw (SC) 482Code of Criminal Procedure, 1973 – Section 197(1) – Discharge...
Medical Negligence & Res Ipsa Loquitur | Where Negligence Is Evident, Burden Of Proof Shifts To Hospital: Supreme Court
In a significant judgment delivered on September 26, the Supreme Court affirmed the applicability of the principle of res ipsa loquitur in the context of medical negligence cases, emphasizing its applicability in cases where negligence is evident and shifts the burden of proof onto the hospital or medical practitioners. Res ipsa loquitur means "the thing speaks for itself”.The Court...
Uddhav Thackeray v. Eknath Shinde: Uddhav Faction Moves Supreme Court Against Maharashtra Speaker To Quicken Disqualification Proceedings
In another development in the Shiv Sena crisis, the Uddhav Thackeray faction has approached the Supreme Court challenging the Maharashtra Legislative Assembly Speaker's decision to issue a schedule for hearing of the disqualification pleas pending against rebel Sena MLAs led by Eknath Shinde. As per the Uddhav Thackeray faction, the schedule, as per which the process of hearing would begin...