Supreme court
Insurance Company Not Liable If Claimant Was Travelling In Trailer Which Was Not Insured Even If Tractor Was Insured: Supreme Court
The Supreme Court observed that the insurance company is not liable if the claimant was travelling in the trailer attached to the tractor, which was not insured though tractor was insured.When a tractor and trailer are involved, both the tractor as well as the trailer are required to be insured, the bench of Justices observed.In this case, the Bombay High Court enhanced the compensation...
Article 370 Case | Substantial Integration Of J&K Had Already Taken Place In 69 Years; So Was 2019 Decision Really A Logical Step? CJI Asks [Day 12]
While concluding the twelfth day of the Article 370 case hearing, Chief Justice of India DY Chandrachud, who was presiding over the Constitution bench, raised a significant question regarding the abrogation of the special status of Jammu and Kashmir. He pointed out that various Constitutional Orders issued over the years have incrementally applied the provisions of the Indian Constitution...
J&K Case | Supreme Court Explains 'Heart Of The Matter' : Could Union Have Amended Article 370 Through Article 367 Route? [Day 12]
The twelfth day of the Constitution bench proceedings concerning the abrogation of Article 370 saw plenty of interesting queries being raised by the bench comprising Chief Justice of India DY Chandrachud, Justices Sanjay Kishan Kaul, Sanjiv Khanna, BR Gavai, and Surya Kant. In the proceedings, the bench also made oral remarks pertaining to what it referred to as the "heart of the matter",...
Supreme Court Directs Andhra Pradesh HC To Consider Afresh Issues Relating To Online Rummy In The Light Of IT Rules Amendment 2023
The Supreme Court on Monday directed the Andhra Pradesh High Court to consider afresh issues relating to online rummy in light of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Amendment Rules, 2023 notified by the Central Government.The Andhra Pradesh High Court in its order dated 31.03.2023 had directed the State Government to form a committee to examine...
Section 50 NDPS | Conviction Cannot Be Sustained If Accused Were Not Informed About Their Right To Be Searched Before Magistrate/Gazetted Officer : Supreme court
The Supreme Court observed that if the accused were not informed about their right to be searched before a Magistrate or a Gazetted officer, it is a violation of the safeguard provided by Section 50 of the NDPS Act.In this case, the accused were convicted by the Trial Court under Section 20(b)(ii)(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985. Their appeals were dismissed by...
Supreme Court Invokes Article 142 Powers To Reinstate English Lecturer In College
A Division Bench of the Supreme Court, while hearing an appeal challenging Bombay High Court order, invoked its inherent powers under Article 142 of the Indian Constitution to reinstate the appellant to the post of lecturer in English. “Therefore, for doing substantial justice this is a fit case where we should invoke our power under Article 142 of the Constitution of India for continuing...
Keeping Spouses Together Despite Irretrievable Breakdown Of Marriage Is Cruelty To Both Parties : Supreme Court Dissolves Marriage
The Supreme Court observed in a recent judgment that keeping the parties together despite irretrievable breakdown of marriage amounts to cruelty on both sides.Continued bitterness, dead emotions and long separation, in the given facts and circumstances of a case, can be construed as a case of “irretrievable breakdown of marriage", the bench of Justices Sanjay Kishan Kaul and Sudhanshu...
Supreme Court Weekly Round-Up [Aug 21-27]
Judgments/OrdersSupreme Court Sets Aside Order Suspending Conviction Of Lakshadweep MP Mohammed Faizal; Asks Kerala HC To Decide AfreshCase Title: U.T. Administration of Lakshadweep v. Mohammed Faizal & Ors.Citation: Special Leave Petition (Criminal) No. 1644 of 2023 The Supreme Court on Tuesday set aside an order of the Kerala High Court suspending the conviction of Lok Sabha MP...
Hindu Succession Act | Possession Of Property Necessary For Woman To Claim Rights Under Section 14 : Supreme Court
The Supreme Court has reiterated that for a Hindu female to claim rights under Section 14 of the Hindu Succession Act 1956, she has to be in possession of the property.Section 14 states that property of a female Hindu will be her absolute property. "Any property possessed by a female Hindu, whether acquired before or after the commencement of this Act, shall be held by her as...
Supreme Court Asks UP Power Discom To Pay Over Rs 10 Lakhs As Backwages To Workman; Imposes Cost Of Rs 2 Lakhs
The Supreme Court on Monday(August 28) imposed a cost of 2 lakh on the Dakshinanchal Vidyut Vitran Nigam Limited (a state undertaking distributing electricity power in Uttar Pradesh) while dismissing its challenge to a Labour Court award passed for paying salary arrears to a workman.The Court directed the corporation to pay the workman as sum of Rs.10,54,311/- towards salary arrears...
Adverse Remarks Against Public Officials Should Not Be Passed Unless Absolutely Necessary : Supreme Court
The Supreme Court observed the adverse remarks should not be passed against public officials unless absolutely necessary."Remarks by a court should at all times be governed by the principles of justice, fair play and restraint - Words employed should reflect sobriety, moderation and reserve.", the bench of Justices Abhay S. Oka and Sanjay Karol observed.In this case, Shikha Trading Company...