Supreme court
Supreme Court Refuses To Quash FIR Against UP Congress Leader Over Alleged 'Modi-Adani Love Affair’ Remark
Recently, the Supreme Court dismissed a petition filed by the Secretary of UP Youth Congress, Sachin Chaudhary, seeking to quash an FIR over his alleged remark that Prime Minister of India Narendra Modi was in a "love affair" with Industrialist, founder and chairman of Adani Group, Gautam Adani.The Bench comprising Justices Aniruddha Bose and Bela M. Trivedi, while delving into the...
Cooperative Society Not Doing Banking Business But Providing Credit Facilities To Members Eligible For Sec 80P Deduction Under Income Tax Act: Supreme Court
The Supreme Court has held that if a cooperative society does not transact the business of banking as defined in Section 5 (b) of the Banking Regulation Act, 1949 (BR Act), it would not be a cooperative bank. Thus, if a co-operative society is not a ‘co-operative bank’ within the meaning of Section 56 of the BR Act, then such an entity would be entitled to deduction under Section 80P of...
Supreme Court Deprecates Advocates Raising Unnecessary Objections To Questions In Cross-Examinations, Urges Bar To Cooperate With Trial Courts
The Supreme Court on Thursday (14.09.2023) expressed concern about the huge pendency of suits in Trial Courts in Maharashtra and urged the members of the Bar to cooperate. The Court disapproved of advocates raising unnecessary objections during cross-examinations as they would result in trials getting detayed.“If the advocates start objecting to every question asked in the...
No Litigant Should Be Permitted To Misuse The Process Of Law Through Vexatious Applications: Supreme Court
A Division Bench of the, comprised of Justices Bela M. Trivedi and Dipankar Datta, reprimanded the practice of filling several miscellaneous civil applications (MCA) for seeking review of the judgment passed in Second Appeal. The Court observed that “no litigant should be permitted to be so lethargic and apathetic much less should be permitted to misuse the process of law.”The High Court...
Unacceptable That National Law University Jodhpur Has Only Contractual Teachers; Can't Expect Excellence Without Regular Staff : Supreme Court
The Supreme Court has expressed serious concerns at the National Law University, Jodhpur, operating only with contractual teachers. "To say the least, this is unacceptable and undesirable", the Court observed.The Court noted that as per the regulations of the University Grants Commission, only 10 percent of the staff can be contractual staff. The Court was told that the NLU's regulations...
Standard Of Proof To Prove Insanity Is Only 'Reasonable Doubt' : Supreme Court Acquits Man Accused Of Killing His Grandfather
The Supreme court observed that the standard of proof to prove the lunacy or insanity is only ‘reasonable doubt’.An accused who seeks exoneration from liability of an act under Section 84 of IPC has to prove legal insanity and not medical insanity, the bench of Justices JB Pardiwala and Prashant Kumar Mishra observed.The court observed thus while acquitting a murder accused by allowing...
Supreme Court Upholds Life Sentence For Men Who Murdered Woman Alleging Witchcraft
In a recent judgment, the Supreme Court upheld the rigorous life imprisonment sentence of the convicts in a witchcraft-related murder case. The Court ruled that the convicts had a common intention to kill the victim.The five accused persons called the deceased a witch (diayen) who is the cause of trouble to the villagers as she used to indulge in witchcraft and killed her.The Court...
In Partition Suit, Every Interested Party Deemed To Be A Plaintiff; No Bar In Passing Numerous Preliminary Decrees: Supreme Court
In a recent development, a Division Bench of the Supreme Court, made an important observation that in a suit for partition, every interested party is considered to be a plaintiff. Further, law does not prohibit passing of numerous preliminary decrees.“Admittedly, we are dealing with a suit for partition, in which every interested party is deemed to be a plaintiff. Law does not bar passing...
Specific Performance Suit - When No Time Is Fixed For Performance, Limitation Runs From Period When Plaintiff Had Notice Of Refusal : Supreme Court
The Supreme Court on Tuesday (12.09.2023) held that, when no time is fixed for specific performance of a contract, then the limitation period for a specific performance suit as per Article 54 of Part II of the Schedule to the Limitation Act, 1963, will run from the date on which the plaintiff had notice of refusal on part of the defendant to perform the contract to determine the period...
LMV License Issue: Supreme Court Concerned About Impact On Drivers' Livelihood If 'Mukund Dewangan' Is Reversed; Urges Centre To Consider Amendments
Deferring the hearing on the Light Motor Vehicle Driving License issue, a Supreme Court Constitution Bench on Wednesday urged the Union Government to consider if the matter could be resolved through amendments to the Motor Vehicles Act 1988 and policy changes.The issue before the Constitution Bench is whether a person holding a driving licence in respect of a “light motor vehicle”, could...
Supreme Court Asks Delhi Police How It Plans To Enforce Firecracker Ban In Delhi-NCR
The Supreme Court on Wednesday questioned the Delhi Police on how they were going to implement the firecracker ban imposed in the National Capital Territory of Delhi. A bench of Justice A S Bopanna and Justice M M Sundresh was hearing a batch of petitions filed seeking a ban on the sale, purchase and use of firecrackers in India. Sr. Adv. Gopal Sankaranarayanan appearing for the...