Supreme court
'Crime Committed Against Bilkis Bano Part Of Communal Violence Targeting Members Of One Community' : Indira Jaising Tells Supreme Court
The brutal gang-rape of five-months-pregnant Bilkis Bano and the murders of her family members including kids amidst the 2002 Gujarat riots was a ‘crime against humanity’, Senior Advocate Indira Jaising told the Supreme Court on Thursday. The senior counsel said: “India follows the dual system of international law. A treaty is not binding on India unless it is ratified...
75% Eligibility Condition For Admission To Sports Quota 'Unwarranted & Discriminatory': Supreme Court
The Supreme Court on Wednesday(August 9) held that the requirement of minimum 75% in the qualifying examination imposed by the PEC (Punjab Engineering College) University of Technology for admission through the sports quota, i.e. 2% of intake of students, was ‘discriminatory’ and violative of Article 14 of the Constitution.A division bench of Justice S Ravindra Bhat and Justice Aravind...
Supreme Court Bar Association Raises Concerns Over New Mentioning Procedure In Supreme Court
The Supreme Court Bar Association (SCBA) has penned a letter to the Secretary General of the Supreme Court of India, outlining significant concerns regarding the process of mentioning, filing, and listing of matters before the country's apex court.The SCBA states that earlier miscellaneous fresh matters for hearing were mentioned before CJI immediately after receiving the diary number of...
NI Act | In Cheque Case Against Company, Persons Can't Be Made Accused Only Because They're Managing Company's Business : Supreme Court
The Supreme Court recently held that under Section 141 of the Negotiable Instruments Act, 1881, a person will become vicariously liable when a company is accused of the offence under Section 138 (Dishonour of cheque for insufficiency of funds ) of the Act, only if such a person was "in charge of" and was "responsible to the company for the conduct of the business of the company" at the time...
When Adverse Possession Is Claimed Over Government Land, Courts Must Act With Greater Care : Supreme Court
The Supreme Court, while placing its reliance on the decision of State of Rajasthan v. Harphool Singh (2000) 5 SCC 652, opined that when the disputed land, claimed by way of adverse possession, belongs to the government, the nature of enquiry by the Court must be more serious and effective. “When the land subject of proceedings wherein adverse possession has been claimed, belongs to...
'NCDRC Acted As If They Were Experts' : Supreme Court Sets Aside Order Upholding Insurance Claim Repudiation
The Supreme Court, while hearing an appeal challenging a National Consumer Disputes Redressal Commission (NCDRC) decision, expressed its discontent with the NCDRC’s judgment. A Division Bench comprising justices A.S. Bopanna and Dipankar Datta heard the matter. The Bench was surprised to see that members of the tribunal, in the present case, have made observations as they were experts in...
Supreme Court Half Yearly Digest 2023, Administrative Law
A notification which is not in compliance with clause (1) of Article 77 is not invalid, unconstitutional or non-est for that reason alone. Rather, the irrebuttable presumption that the notification was issued by the President of India (acting for the Union Government) is no longer available to the Union Government. The notification continues to be valid and it is open to the Union Government...
Threatening A Person To Withdraw FIR/Complaint Or Settle Dispute Will Not Attract Offence Under Section 195A IPC : Supreme Court
The Supreme Court observed that threatening a person to withdraw a complaint or FIR or settle the dispute would not attract Section 195A of the Indian Penal Code. The later part of Section 195A makes it very clear that false evidence means false evidence before the Court of law, the bench of Justices B R Gavai and J B Pardiwala observed.In this case, the allegation in FIR is that the...
Supreme Court To Hear Curative Petition Against Judgment That Arbitration Clause In Insufficiently Stamped Agreement Cannot Be Acted Upon
The Supreme Court recently listed a curative petition against its 2020 ruling that had held that an arbitration clause in an insufficiently stamped agreement cannot be acted upon by court, for open court hearing on 24th August 2023. A bench comprising of Chief Justice DY Chandrachud, Justice Sanjay Kishan Kaul, Justice Sanjiv Khanna, Justice B R Gavai and Justice Surya Kant issued notice in...
Sanctity Of Test Identification Parade Doubtful If Accused Are Already Shown To Witnesses In Police Station : Supreme Court
The Supreme Court reiterated the principles for proof of a case based on circumstantial evidence. It emphasized that the circumstances “must/should be” and not “maybe” established and set aside the conviction and life sentence awarded to 3 persons accused of murder by the Delhi High Court in 2014.The bench comprising Justices BR Gavai and Justice Prashant Kumar Mishra was hearing...
Insurance Companies Must Deal In A Bonafide & Fair Manner ; Should Not Just Care For Its Own Profits : Supreme Court
The Supreme Court observed that an insurance is expected to deal with the insured in a bonafide and fair manner and should not just care for and cater to its own profits.It is the duty of the insurance company to disclose all material facts within their knowledge since the obligation of good faith applies to both equally, the bench of Justices AS Bopanna and Sanjay Kumar observed.In this...