Supreme court
Supreme Court Refuses To Entertain Plea Challenging Selection Process Of ED Director
The Supreme Court on August 25 refused to entertain a petition challenging the process of appointment of the Director of the Directorate of Enforcement (ED) and allowed the petition to be withdrawn.The bench comprising Justices BR Gavai, Justice PS Narsimha and Justice Prashant Kumar Mishra was hearing a PIL filed under Article 32 challenging the constitutionality of Section 25 of the...
Bihar Caste Survey | Centre Withdraws Affidavit Filed In Supreme Court Which Said That State Govt Can't Conduct Any Action Akin To Census
The Central Government has filed a fresh affidavit in the Bihar caste survey case withdrawing the earlier affidavit which said "No other body under the Constitution or otherwise is entitled to conduct the exercise of either census or any action akin to census".In a second affidavit filed today evening, the Centre said that the above paragraph had "inadvertently crept in"."It is submitted that...
‘Basic Wage’ Under EPF Act, Cannot Be Equated With ‘Minimum Wage’ Under Minimum Wages Act: Supreme Court
The Supreme dismissed an appeal by the Assistant Provident Fund Commissioner against an order of a division bench of the Punjab and Haryana High Court holding that when the term ‘basic wage’ has been described under Section 2(b) of the Employee Provident Fund Act 1952, there is no need to make a reference to definition of ‘minimum rate of wages’ under Section 4 of the Minimum Wages...
Advocates Should Not Solemnise 'Self-Respect Marriages' In Professional Capacity But Can Act As Witnesses In Private Capacity : Supreme Court
The Supreme Court today ruled that advocates, being officers of the court, should abstain from undertaking or volunteering to solemnize 'self-respect marriages' as per Hindu Marriage Act 1955 (as applicable to State of Tamil Nadu) in their professional capacity. However, they may stand as witnesses for marriages in their personal capacities as friends or relatives.A bench comprising Justices...
Principles For Issuing Writ Of Certiorari Under Article 226 : Supreme Court Summarises
In a recent legal development, the Supreme Court bench comprising Chief Justice of India DY Chandrachud and Justice J.B. Pardiwala summarised the cardinal principles governing the exercise of extraordinary jurisdiction under Article 226 of the Constitution, particularly concerning the issuance of a writ of certiorari.The judgment in this case Central Council for Research in Ayurvedic Sciences...
In Disciplinary Proceeding, Burden Of Proof Depends On Nature Of Charge And Explanation Put Forward By Employee: Supreme Court
The Supreme Court recently held that the burden of proof in disciplinary proceedings depends on the specific nature of the charge leveled against the respondent and the explanation they provide.It observed “It is well settled that, in a disciplinary proceeding, the question of burden of proof would depend upon the nature of the charge and the nature of the explanation put forward by...
Section 307 IPC | Conviction For Attempt To Murder Can Be Sustained Even If Injuries To Complainant Were Very Simple In Nature : Supreme Court
The Supreme Court observed that a conviction of an accused under Section 307 IPC (attempt to murder) can be sustained even if the injuries sustained by the complainant were very simple in nature.What is important is an intention coupled with the overt act committed by the appellant/accused, the bench of Justices Bela M. Trivedi and Dipankar Datta said.In this case, the appellant- accused...
Remission Shouldn't Be Denied Solely On Reports Of Presiding Judge Or Police : Supreme Court Lays Down Factors For Premature Release
The Supreme Court recently pronounced a notable judgment explaining the factors which a Government should take into account while deciding to grant remission of sentence to convicts as per Section 432 of the Code of Criminal Procedure.Apart from other considerations (such as the nature of the crime, whether it affected the society at large, the chance of its recurrence etc), the government,...
Supreme Court Criticises Bombay High Court For Not Uploading Reasoned Order Despite One Month's Passage After Pronouncement
UPDATE on Sep 11 - Bombay High Court Informs That Order Was Uploaded; Supreme Court Expresses Disappointment At Counsel's Misleading StatementThe Supreme Court again criticized late uploading of reasoned orders by the High Courts.It is not completely alien to the system where reasoned orders are sometimes to be delivered later on, but that does not mean that such period of later-on can...
Supreme Court Issues Notice On Pleas Challenging Arrest & Summoning Powers Of GST Officials
The Supreme Court on August 25 issued notice in two similar writ petitions filed under Article 32 of the Constitution of India, challenging the constitutional validity of several provisions of the Central Goods and Services Tax Act, 2017 (CGST Act) including Section 69 (i.e., power to arrest), 70(1) (i.e., power to summon persons to give evidence and produce documents). The Court has...
Appointment Can't Be Denied Citing Suppression Of Material Facts When Employer's Query Was Vague : Supreme Court
In a case related to “suppression of material information” about a pending criminal case by a candidate, the Supreme Court highlighted the crucial aspect of specificity when seeking information from candidates during the verification process. It reiterated the principle laid down in Avtar Singh v. Union of India (2016) 8 SCC 471 held that- “For determining suppression or false...