Supreme court
Supreme Court Dismisses PIL Seeking 2 Years' Cooling Off Period For Retired Judges' Post-Retirement Appointments
The Supreme Court on Wednesday dismissed a public interest litigation (PIL) petition seeking a ‘cooling off’ period of two years before any retired judge of a constitutional court can accept a post-retirement appointment.A bench of Justices Sanjay Kishan Kaul and Sudhanshu Dhulia was hearing a plea filed by the Bombay Lawyers Association with the objective of “upholding the independence...
Supreme Court Grants Interim Protection To Editors Guild Of India Members From Manipur Police FIRs Over Fact Finding Report
The Supreme Court on Wednesday granted interim protection to four members of the Editors Guild of India from the FIRs registered by the Manipur police over a fact-finding report published by them in relation to the ethnic violence in the northeastern state.A bench comprising Chief Justice of India DY Chandrachud, Jusitce JB Pardiwala and Justice Manoj Misra passed the order while issuing...
Muzaffarnagar Student Slapping Case : Supreme Court Asks UP Police About Status Of Investigation, Protection Of Victim
The Supreme Court on Wednesday (September 6) asked the Superintendent of Police, Muzzaffarnagar (Uttar Pradesh) to file a report regarding the status of investigation in the case against a teacher for asking other students to slap a Muslim student, a video of which became viral in social media two weeks ago. The Court has further asked the SP to report about the steps taken to protect the...
Supreme Court Sets Aside Notification For LAHDC-Kargil Elections; Holds JKNC Entitled To 'Plough' Symbol
In a significant development, the Supreme Court on Wednesday set aside the notification issued by the Union Territory of Ladakh on August 5 for the Ladakh Autonomous Hill Development Council (LAHDC) election in the Kargil region, which was scheduled on September 10.The Court further held that the Jammu and Kashmir National Conference Party(JKNC) is entitled to the 'plough' symbol. The...
Judge Is Not A Mere Recording Machine; Must Actively Search For Truth In Trial : Supreme Court Sends Back Death Penalty Matter To HC
The Supreme Court On September 4 overturned a judgment of the Patna High Court which confirmed the death sentence of a convict for the offence of rape and murder of a 10 year old girl, after finding several faults with the High Court's approach. While remitting the matter for reconsideration by the High Court, the Supreme Court made strong observations about the concept of fair trial....
Appeal From Workmen's Compensation Commission Can Be Entertained Only If There Is A Substantial Question Of Law : Supreme Court
The Supreme Court observed that an appeal from an order of Workmen’s Compensation Commissioner can be entertained only if there exists a substantial question of law to be considered/The bench of Justices Abhay S Oka and Sanjay Karol observed that the Workmen’s Compensation Commissioner is the last authority on facts.In this case, the High Court of Gujarat at Ahmedabad set aside the order...
Plea In Supreme Court Challenges Restoration Of Rahul Gandhi's Lok Sabha Membership
A plea has been moved in the Supreme Court challenging the restoration of Congress Leader Rahul Gandhi's Lok Sabha Membership. His membership was restored vide a notification issued by the Loksabha Secretariat on August 7 in view of the Supreme Court's August 4 order suspending his conviction in the criminal defamation case over the "why all thieves have Modi surname" remark.The plea moved...
10 Factors To Be Considered By Courts To Decide Legality Of Preventive Detention : Supreme Court Explains
The Supreme Court on Monday while strongly condemning the growing trend in the state of Telangana of passing orders of preventive detention at the ‘drop of a hat’ without consideration of the liberty and freedom guaranteed to people under the Constitution of India, laid down guidelines to be followed by courts while considering the legality of orders of preventive detention. A division...
Section 162 CrPC Does Not Prevent A Trial Court From Putting Questions To Witnesses Suo Motu To Contradict Them : Supreme Court
The Supreme Court observed that Section 162 CrPC does not affect a Court's power to look into documents or put questions to witnesses suo motu to contradict them. "There is in our opinion nothing in Section 162 of the CrPC which prevents a Trial Judge from looking into the papers of the chargesheet suo motu and himself using the statement of a person examined by the police recorded therein...
Statutory Provision Can't Be Declared Ultra Vires Without A Specific Challenge In Pleadings : Supreme Court
The Supreme Court reiterated that to strike down the provisions of a law or to declare certain rules as ultra vires, there must be a specific pleading and a request for such a relief in the case. The Court observed, “It is a trite law that for striking down the provisions of law or for declaring any rules as ultra vires, specific pleading to challenge the rules and asking of such relief...
Supreme Court Weekly Round-Up: Aug 28- 3rd Sept
Judgment/OrdersMotor Accident Claims - Social Status Of Deceased To Be Considered If There's No Definite Proof Of Income: Supreme CourtCase title: Kubrabibi v. Oriental InsuranceCitation: 2023 LiveLaw (SC) 697In its judgment, the Supreme Court highlighted that when dealing with cases involving individuals employed in the unorganized sector, it is crucial to consider the notional income based...
'Preventive Detention Law Can't Be Invoked At The 'Drop Of A Hat'; Some Police Officers Curbing Liberty' : Supreme Court Slams Telangana Police
The Supreme Court on Monday condemned the growing trend in the state of Telangana of passing orders of preventive detention at the ‘drop of a hat’ without consideration of the liberty and freedom guaranteed to people under the Constitution of India.A division bench of Justice Surya Kant and Justice Dipankar Datta reminded the authorities of the state of Telangana that the drastic...