Supreme court
Can't Deny Benefit Of First Proviso To S.45 PMLA Merely Because A Woman Is Well-Educated Or An MP/MLA : Supreme Court In K Kavitha Case
The Supreme Court today (on August 27), while granting bail to Bharat Rashtra Samithi leader K Kavitha, took exception to the observations made by the Delhi High Court that the the benefit of the first proviso to Section 45 of the Prevention of Money Laundering Act cannot be granted to Kavitha since she was a well-educated and a politically accomplished woman. The proviso, which...
Supreme Court Directs MoRTH To Create Portal And Toll-Free Number For National Highway Encroachment Complaints
The Supreme Court of Tuesday (August 27) directed the Ministry of Road Transport and Highways (MoRTH) to establish a portal and a toll-free number for citizens to lodge complaints about encroachments on National Highways.A bench of Justice Abhay Oka and Justice Augustine George Masih passed the order in a writ petition by one Gyan Prakash Mishra highlighting the issue of encroachment...
Judicial Officers' Pay | Supreme Court Directs States & UTs To Disburse Funds Within 4 Weeks From Lodging Of Claims On SNJPC Proposals
The Supreme Court today (August 27) directed the States and Union Territories to disburse the funds within 4 weeks from the date of claims raised by Judicial Officers for clearance of arrears and allowances as per Court's earlier directions.The bench led by CJI DY Chandrachud comprising Justices JB Pardiwala and Manoj Misra was hearing the issue of non-compliance with the directions of payment...
Supreme Court Grants Bail To K Kavitha In Liquor Policy Case, Questions Fairness Of CBI/ED Investigation
The Supreme Court, on Tuesday(August 27), granted bail to Bharat Rashtra Samithi leader K Kavitha in the money laundering and corruption cases related to the alleged Delhi liquor policy scam.A bench comprising Justices BR Gavai and KV Viswanathan, during the hearing, questioned the fairness of the prosecution agency (CBI/ED) and criticised their selective approach in treating some accused...
Duty Of Every Arbitral Tribunal & Court To Examine What The Contract Provides : Supreme Court
The Supreme Court recently emphasised that the courts and arbitral tribunals have the duty to examine the contract clauses in proceedings concerning arbitration.While upholding Calcutta High Court's decision to set aside the arbitrator's decision to award the amount for loss due to idle machinery and labour despite it being prohibited under the contract, the Court said : “In fact,...
'Similarly Placed Employees Discriminated' : Supreme Court Directs Regularization Of Worker Who Served For 30 Years
The Supreme Court recently granted the relief of regularization to a woman engaged as "water woman" (sweeper) with the Posts and Telegraph Department, Gujarat, who served the Department for over 30 years but was not regularized, even though another similarly placed woman employee was conferred the benefit.Opining that the Department discriminated between two similarly placed employees, a bench...
Employees Governed By Different Rules & Having Different Duties Can't Claim Parity Merely Based On Same Qualification: Supreme Court
The Supreme Court (recently on August 22) observed that a different set of employees, who are governed by different set of rules and have different duties, are not entitled to benefits extended to another group of employees merely because they obtaining the same qualification. Briefly put, the facts of the present case revolved around a letter issued by the Indian Council of...
Use Of Artificial Yellow Colouring 'Tartrazine' In Permitted Food Items Not Offence Of Adulteration : Supreme Court
The Supreme Court in its recent order has held that the use of artificial yellow food coloring- Tartrazine in food items like Dal Moong Dhuli cannot penalized as an offence under the Prevention of Food Adulteration Act, 1954 (PFA Act). The bench of Justices BV Nagarathna and NK Singh held the conviction of the appellant as erroneous, since the use of Tartrazine was permitted under the...
Consumer Protection Act - Dominant Purpose To Be Looked Into To Ascertain Whether Transaction Was Commercial: Supreme Court
While dealing with the issue whether a real estate company that purchased a flat for the personal use of its Director is a "consumer" under Section 2(7) of the Consumer Protection Act, the Supreme Court recently reiterated that deciding the intended use of the purchased goods (personal or commercial) would depend on the facts and circumstances of each case."It is the dominant intention of...
Judge Not Post Office Of Prosecution, Must Apply Judicial Mind To Determine If Case For Trial Is Made : Supreme Court
While quashing two orders passed by the Special Judge, CBI in a corruption case against the appellant Karnataka EMTA Coal Mines Ltd, the Supreme Court on August 23 held that the CBI judge failed to apply his mind to determine whether a case for trial was made out by the prosecution at the discharge stage under Section 227 of the Code of Criminal Procedure, 1973 (CrPC).The Court said that...
HC Can't Quash Cheque Dishonour Complaint Invoking S.482 CrPC When Complainant Hasn't Consented For Compounding: Supreme Court
The Supreme Court (on July 23) reiterated that dishonour of cheque cases can be compounded under Section 147 (Offence to be compoundable) of the Negotiable Instruments Act (N.I. Act) only with the consent of a complainant. In the present case, the High Court had compounded the offence, even though the appellants/ complainant had not consented, by invoking its inherent power...
Supreme Court Weekly Round-Up (19 August-24 August, 2024)
Live Law has got you covered with all the latest updates of this last week. This includes the orders passed by the Supreme Court in RG Kar Hospital Rape & Murder case, the judgment passed "In Re: Right to Privacy of Adolescents” and much more. This digest aims to inform you about the latest judgments, orders, and Public Interest Litigations (PILs) filed in the Supreme Court during...