Supreme court
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...
'Affinity Test' Cannot Be Applied As Litmus Test For Scrutinizing Caste Claims ; Pre-Constitution Period Documents Have Got Highest Probative Value : Supreme Court
The Supreme Court observed that 'affinity test' cannot be applied as a litmus test during scrutiny of caste claims."If an applicant is able to produce authentic and genuine documents of the per Constitution period showing that he belongs to a tribal community, there is no reason to discard his or her claim as prior to 1950, there were no reservations provided to the Tribes included in...
Only Fundamental Determinations Hit By 'Res Judicata', Not Incidental Or Collateral Findings : Supreme Court
The Supreme Court has held that only fundamental determinations of the Court are hit by res judicata in subsequent proceedings. If the Court makes any incidental, supplemental or non-essential observations, which are not fundamental but ‘collateral’ to the final determination, then those ‘collateral determinations’ would not be hit by res judicata. The Bench comprising of Justice...
Newspaper Reports Only Hearsay Evidence, Extra-Judicial Confession Has No Greater Credibility Because Newspapers Reported : Supreme Court
The Supreme Court recently reiterated that a newspaper report is only hearsay evidence and it can only be treated as secondary evidence under the Indian Evidence Act, 1872.A division bench of Justice Hrishikesh Roy and Justice Pankaj Mithal, while setting aside the sentence of life imprisonment awarded to two appellants accused of murder due to insufficient evidence,...