Supreme court
Pathological Labs In Kerala Covered Under ESI Act From 2007 & Not 2002 : Supreme Court Dismisses ESIC Appeal
The Supreme Court on Wednesday dismissed an appeal by the Employees' State Insurance (ESI) Corporation challenging a 2008 Kerala High Court order that had held that the provisions of The Employees’ State Insurance Act, 1948 will be applicable to a pathological laboratory from 2007 and not from 2002, by virtue of a 2007 government notification specifying that medical institutions would...
Section 202(1) CrPC - Magistrate Has To Examine Witnesses Named In The Complaint Before Dismissing The Complaint U/Sec 203 CrPC : Supreme Court
The Supreme Court observed that a Magistrate (who had opted to hold inquiry himself under Section 202(1) CrPC) has to consider the statements of the complainant and his witnesses before dismissing the complaint under Section 203 CrPC.In this case, a complaint was filed before the Magistrate against an accused alleging offences punishable under Sections 323, 342, 500, 504, 506, 295-A, 298, 427...
Supreme Court Stays Conviction Of Congress Leader Rahul Gandhi In 'Modi-Thieves' Defamation Case Which Disqualified Him As MP
The Supreme Court on Friday stayed the conviction of Congress leader and former Member of Parliament (MP) Rahul Gandhi in the criminal defamation case over the "why all thieves have Modi surname" remark. With the stay of his conviction, Rahul Gandhi's disqualification as MP also now remains in abeyance.The Court observed in the order as follows :"The sentence for an offence punishable...
Prevention Of Corruption Act - HC Cannot Reverse Special Court Findings On Validity Of Sanction Unless It Finds That Failure Of Justice Had Occurred: Supreme Court
The Supreme Court observed that the High Court cannot reverse the findings recorded by the Special Court in Corruption Cases on the validity of sanction, without recording any opinion as to how a failure of justice had in fact been occasioned to the accused.In this case, the Karnataka High Court allowed a petition by discharging the accused from the offences charged under Section 13(1) (e)...
Motor Accident Claim Need Not Be Filed Before MACT Of Area Where Accident Occurred : Supreme Court
The Supreme Court observed that it is not mandatory for the claimants to lodge an application for compensation under Section 166 of the Motor Vehicles Act before the MACT having jurisdiction over the area where the accident occurred.Claimants can approach the MACT within the local limits of whose jurisdiction they reside or carry on business or the defendant resides, Justice Dipankar Datta...
School Jobs For Cash Scam: Supreme Court Stays HC Order Allowing CBI, ED Probe Against TMC MLA Manik Bhattacharya
The Supreme Court on Thursday stayed two orders of the Calcutta High Court that had directed a fresh probe by the Central Bureau of Investigation (CBI) and the Enforcement Directorate (ED) against Trinamool Congress MLA Manik Bhattacharya, former director of the West Bengal Board of Primary Education, in connection with the teacher's appointment scam.A Division Bench of Justice AS Bopanna...
Kuno Cheetah Deaths| Mortalities Troubling But Not ‘Unduly Alarming’: Centre To Supreme Court
In the wake of recent deaths of Cheetahs translocated to Madhya Pradesh’s Kuno National Park from the African continent, the Centre has informed the Supreme Court than even though the mortalities among the introduced cheetah population are troubling, they are not ‘unduly alarming’. As per media reports, another cheetah has died in the Kuno national park this week, taking the number...
Supreme Court Dismisses Judicial Officer's Challenge Against Denial Of Promotion On Ground Of "Below Average" Judgments
The Supreme Court recently dismissed a petition filed by a judicial officer challenging the decision of the Punjab & Haryana High Court to deny him promotion as Additional District & Sessions Judge. The six-member Committee of Judges of the High Court had denied him promotion saying that his judgments were “below average”. The officer challenged the decision on the judicial side...
Whether ESI Act Excludes NGT Jurisdiction? Supreme Court Leaves Question Of Law Open While Affirming NGT Award On Gas Leak Compensation
The Supreme Court has refused to interfere with an order passed by the National Green Tribunal for relief and compensation for the victims of a toxic gas leak which happened in Rourkela Steel Plant in 2021. HowA bench comprising Justices S. Ravindra Bhatt and Justice Aravind kumar was hearing an appeal filed by the Rourkela Steel Plant. The Court didn’t interfere with the compensation...
"No Evidence" : Supreme Court Acquits Two Men Accused In 26 Year Old Rape Case
The Supreme Court acquitted two men accused in a rape case observing that there was no evidence brought on record to connect them with the offence.Avtar Singh, Sohan Lal and Gian Singh were accused of raping the prosecutrix. The prosecution case was that on 22.07.1996, at about 8 PM, when the woman had gone near a maize field, Avtar Singh forcefully took her away after making her unconscious...
Litigant Should Not Be Made To Suffer Because Of Advocate's Fault In Withdrawing Complaint By Mistake : Supreme Court
In a case relating to insurance claim, the Supreme Court observed that a litigant should not be made to suffer because of a fault of the counsel. that only due to the fault of counsel, a party should not be made to suffer. The bench comprising Justices JK Maheshwari and Justice KV Vishwanathan was hearing a plea against NCDRC judgment which denied insurance claim.In this case, NCDRC...
Supreme Court Monthly Round-Up: July 2023
Judgment/OrdersSupreme Court Grants Interim Protection To Teesta Setalvad For 7 Days ; Stays HC Order After Special Night SittingCase title- Teesta Atul Setalvad v. State of Gujarat Citation-SLP (CRIMINAL) Diary No(s). 25725/2023The Supreme Court at a special sitting on Saturday night granted interim relief to social activist Teesta Setalvad in connection with an FIR lodged against her by...