Accused Can't Be Given Opportunity To Explain Before Filing Final Report : Supreme Court Sets Aside 'Strange' HC Order

The Supreme Court recently expressed surprise at a direction passed by a High Court that the police will give opportunity to an accused to explain the materials collected against him before the filing of chargesheet.The Madhya Pradesh High Court passed the direction while refusing to quash an FIR under Section 482 of the Code of Criminal Procedure.Disapproving of the High Court's order, a...

IBC | Tax & Customs Dues To Be Paid As Per Waterfall Mechanism Under Section 53 : Supreme Court

The Supreme Court Bench comprising Justice Sanjiv Khanna and Justice S.V.N. Bhatti, has clarified that the dues of the Central Board of Indirect Taxes & Customs, Department of Revenue, will be paid as per the waterfall mechanism given under Section 53 of the Insolvency and Bankruptcy Code, 2016 (“IBC”).Section 53 of IBC provides the order of priority in which proceeds from sale...

Army's Approach To Promotion Of Women Officers Arbitrary, Contrary To Judgment : Supreme Court

The Supreme Court on Friday (November 3) criticized the Indian Army for its "arbitrary" attitude towards the promotion of women officers who have been granted permanent commission as per the earlier judgments of the Court.The Court observed that the norms adopted by the Army have done "disservice to the need to provide justice to women officers who had fought a long and hard battle to...

Gyanvapi Dispute | Supreme Court Dismisses Mosque Committee's Challenge To Allahabad HC CJ Transferring Case To Himself From Another Bench

The Supreme Court on Friday (November 3) refused to interfere with the order passed by Allahabad High Court Chief Justice Pritinker Diwaker transferring the cases concerning Kashi Vishwanath-Gyanvapi Mosque dispute to his bench from the bench of another judge.A bench comprising Chief Justice of India DY Chandrachud, Justice JB Pardiwala, and Justice Manoj Misra dismissed a Special Leave...

'No Error In Judgment That Ayurved Doctors Aren't Entitled To Equal Pay As Allopathy Doctors' : Supreme Court Dismisses Review Petitions

The Supreme Court has dismissed the review petitions filed against its judgment which held that that Ayurved doctors are not entitled to equal pay as Allopathy doctors.“We have perused the Judgment and Order dated 26th April 2023 which has been sought to be reviewed.There is no error apparent on the record.Even otherwise, there is no ground for review," observed a bench comprising...

'Don't Want This To Be A 'Tareekh Pe Tareekh' Court': CJI DY Chandrachud Urges Lawyers To Not Seek Unnecessary Adjournments

"I don't want this court to be a 'tareekh-pe-tareekh' court," said Chief Justice of India DY Chandrachud today (November 3, 2023) highlighting the 'irony' of lawyers seeking adjournment of the very same matters which were urgently listed on their request.CJI requested the members of the bar to not seek adjournments of matters unless "very very necessary".The CJI cited statistics showing...

Deactivated Mobile Number Not Assigned To New User For 90 Days, TRAI Tells Supreme Court; WhatsApp Data Removed When Account Inactive For 45 Days

The Telecom Regulatory Authority of India (TRAI) has told the Supreme Court that once a cellular mobile telephone number is deactivated for non-usage or disconnected on the request of the subscriber, it is not allocated to a new subscriber for at least a period of 90 days.A bench of Justice Sanjiv Khanna and Justice SVN Bhatti observed that it is for the earlier subscriber to take adequate...

Supreme Court Affirms Penalty On 'Zarda' Manufacturers For Misclassifying Product As 'Chewing Tobacco' For Central Excise Duty

The Supreme Court while adjudicating a matter wherein the Assesssee deliberately misclassified the ‘Zarda’ produced by it as ‘Chewing Tobacco’ for evading payment of a high duty as applicable to ‘Zarda’, has affirmed the imposition of penalty and demand for payment of differential duty raised by the Central Excise Department from the Assessee.The Bench comprising Justice S....

Plea In Supreme Court Seeks Approval For Liver Donation By Man To His 3-Year-Old Cousin Who Is Overseas Citizen Of India

A petition has been filed in the Supreme Court seeking permission to allow liver donation by a person to his cousin, a 3 year old child who is suffering from a chronic liver disease.The authorisation committee under the the Transplantation of Human Organs and Tissues Act, 1994 denied approval for the liver donation citing the bar provided in Section 9.As per Section 9, only a "near relative"...

Voters' Right To Know v. Donors' Confidentiality : Supreme Court Reserves Judgment In Electoral Bonds Case

The Supreme Court on Thursday (November 2) reserved judgment in a batch of petitions challenging the electoral bonds scheme. A Constitution Bench comprising Chief Justice of India DY Chandrachud, Justices Sanjiv Khanna, BR Gavai, JB Pardiwala and Manoj Misra heard the matter for three days.The petitioners - Association for Democratic Reforms (ADR), Communist Party of India (Marxist), Dr...

'Not Protecting Queer Couples Despite Acknowledging Discrimination Is Abdication' : Review Petition Against Supreme Court Verdict

A review petition has been filed in the Supreme Court against its judgment in Supriyo v. Union of India which refused to legalise same-sex marriages.The review petition, filed by four petitioners (Udit Sood, Saatvic, Lakshmi Manoharan and Gagandeep Paul), faults the judgment for not affording any legal protection to queer couples despite acknowledging the discrimination faced by them. This,...

Murder Trial | Exception 4 To Section 300 IPC Not Applicable If Accused Took "Undue Advantage" Of Situation: Supreme Court

An offender who takes undue advantage of a situation is not entitled to the application of Exception 4 to Section 300 of the Indian Penal Code, held the Supreme Court while sustaining the conviction of a husband for the murder of his wife.In this case, the deceased(wife) had poured kerosene on herself to prevent further torture after a quarrel with her husband(appellant). The husband...