Supreme court
Supreme Court Imposes Rs 50K Costs On Litigant Who Sought 'Neutral Bench' Without OBC/Unreserved Category Judges To Hear Reservation Matter
The Supreme Court on Monday imposed a cost of Rs. 50,000 on a litigant who sought the constitution of a ‘special neutral bench’ with judges who neither belong to OBC nor to unreserved category, to hear a matter pertaining to enhancement in reservation in public service filed by candidates in OBC and unreserved category candidates. The plea was filed before the Apex Court challenging...
Death By Accidental Firing : Supreme Court Converts Conviction Of Cop From Section 302 To Section 304A IPC
The Supreme Court recently converted the conviction of a Delhi Police guard under Section 302 IPC(Murder) to Section 304A(causing death by negligence) in the case related to the death of a constable due to accidental firing. The appellant armed with a semiautomatic weapon was merely asking the deceased constable to get off the phone when a playful scuffle led to the tragic incident.The...
School Transfer Certificate Cannot Be Relied Upon To Determine POCSO Victim Age : Supreme Court Acquits Accused
The Supreme Court observed that school transfer certificate and extracts of the admission register cannot be relied on to determine age of the victim in POCSO cases.While acquitting an accused, the bench of Justices S. Ravindra Bhat and Aravind Kumar noted that wherever the dispute with respect to the age of a person arises in the context of her or him being a victim under the POCSO Act,...
Fill Vacancies In Central Govt Industrial Tribunals By August 31 : Supreme Court To Union
The Supreme Court directed the Union Government to complete the process of appointing judicial officers to the vacant seats of the Central Government Industrial Tribunals before August 31, 2023. The direction was passed by a bench comprising CJI DY Chandrachud, Justice PS Narasimha, and Justice Manoj Misra. The petitioner in the matter, Labour Law Association had submitted that as many as...
NI Act | In Cheque Dishonour Case, Interim Compensation Can Be Ordered To Be Paid Only After Accused Pleads Not Guilty: Supreme Court
The Supreme Court held that where a cheque is dishonoured, the interim compensation can be directed to be paid only after the accused has pleaded not guilty as per section 143A(1) of the Negotiable Instruments Act, 1881. In the present case, the court noted that the magistrate had directed to pay 10% of the cheque amount before the plea of accused was entered. The court held that such...
Supreme Court Directs States To Appoint Chief Commissioners, Frame Rules Under Rights Of Persons With Disabilities Act 2016
The Supreme Court on Monday directed all State Governments to comply with the provisions of the Right of Persons with Disabilities Act 2016 [“RPwD Act”] expeditiously before September 30, 2023. The bench comprising CJI DY Chandrachud, Justice PS Narasimha, and Justice Manoj Misra also directed the States to appoint Chief Commissioners for persons with disabilities by August 31, 2023....
Supreme Court Weekly Round-Up: July 10 To 16 July 2023
Gurugram Prime Plot 'Sold' Through Fake GPA: Supreme Court Forms SIT To Probe Land Scam; Questions Role Of Sub-Registrar's OfficeCase title: Pratibha Manchanda And Anr. v. State of Haryana And Anr.Citation: 2023 LiveLaw SC 514The Supreme Court, recently, directed the Commissioner of Police, Gurugram to constitute a Special Investigation Team (SIT) to investigate a land scam that...
Income Tax Act | Completed/Unabated Assessments Cannot Be Reopened by AO If No Incriminating Material Is Found During Search: Supreme Court
The Supreme Court has reiterated that in view of the judgment of the Supreme court in Principal Commissioner of Income Tax vs. Abhisar Buildwell Pvt. Ltd.,2023 LiveLaw (SC) 346, an Assessing Officer (AO) cannot make additions to assessee’s income in respect of completed/unabated assessments if no incriminating material has been found during the course of search under Section 132 or...
NDPS Act | In Case Of Prolonged Incarceration, Liberty Will Override Embargo Under Section 37 : Supreme Court Grants Bail
The Supreme Court, while considering a bail application in an offence under the Narcotic Drugs and Psychotropic Substances Act, 1985 held that in case of prolonged incarceration, conditional liberty will override the statutory embargo under Section 37 of the Act. The Court made this observation stating that prolonged incarceration is against fundamental right guaranteed under Article 21,...
Motor Accidents | 'No Negligence' Finding In Final Report Has No Bearing On Claim Petition As Standard Of Proof Is Different: Supreme Court
The Supreme Court recently held that while considering a petition for compensation for death or injury in a road accident the standard of proof compensation for death or injury in a road accident the standard of proof to be applied by the Motor Accident Claims Tribunal is the preponderance of probabilities and the standard of proof of beyond reasonable doubt would not apply. It also observed...
'High Court Could Have Considered Unconditional Apology': Supreme Court Grants Relief To NTPC Officers Sentenced By Telangana HC For Contempt
The Supreme Court recently granted relief to the Chairman & Managing Director and the General Manager (Human Resources) of the National Thermal Power Corporation Ltd, who were sentenced to 2 months simple imprisonment by the Telangana High Court for contempt of Court.Setting aside the High Court judgment in an appeal filed by the NTPC officers, a bench comprising of Justices BV Nagarathna...