Supreme court
'All Preventive Detention Laws Necessarily Harsh': Supreme Court Emphasises Strict Adherence To Procedure In Preventive Detention Cases
In a plea regarding the continued detention of a person under a preventive detention law in Jharkhand, the Supreme Court emphasized the importance of strictly adhering to procedural requirements in cases concerning preventive detention laws. The bench, comprising Justice Aniruddha Bose and Justice Sudhanshu Dhulia, acknowledged that preventive detention laws are inherently stringent as...
MV Act | Supreme Court Enhances Compensation Of Victim With 75% Disability, Awards Compensation For Loss Of Marriage Prospects
The Supreme Court has awarded enhanced compensation of Rs. 15.9 Lakhs from the previous amount of Rs. 2.3 Lakhs, to a motor vehicle accident victim, who sustained 75% whole body injury. The Bench has additionally granted compensation towards ‘loss of marriage prospects’ since the Claimant remained unmarried due to disability. The Bench comprising of Justice Surya Kant and Justice...
Supreme Court Monthly Round Up (June 2023)
Judgements/OrdersSupreme Court Quashes Departmental Proceedings Against Judicial Officer In Odisha[Case Title: Suchismita Mishra v. High Court of Orissa & Ors | WP (C) No. 1042 of 2021]Citation : 2023 LiveLaw (SC) 477The Supreme Court recently quashed a charge sheet filed against a retired judicial officer in Odisha who was facing departmental proceedings for alleged irregularities...
Land Acquisition | Once Proceedings Under 1894 Act Are Held To Be Valid, Claimant Can't Seek Compensation Under 2013 Act : Supreme Court
The Supreme Court has held that once it is found that the land acquisition proceedings under the Land Acquisition Act 1894 are valid, then the claimant is not entitled to seek compensation under the Right to Fair Compensation Transparency in Land Acquisition, Rehabilitation and Resettlement Act 2013.A bench comprising Justices Abhay S Oka and Sanjay Karol was deciding an appeal filed by the...
Pavement Built On Acquired Land Encroached By Vendors; Supreme Court Asks DDA To Take Action
Taking a serious view of vendors encroaching upon a pavement which was built on a land which was compulsorily acquired from a citizen for public purpose, the Supreme Court called for necessary action by the Delhi Development Authority. A bench comprising Justices Abhay S Oka and Sanjay Karol made this observation while considering an appeal filed by the Delhi Development Authority in a...
'Misconceived' : Supreme Court Dismisses PIL To Cancel IIT Faculty Appointments From 2008 For Allegedly Violating Reservation Norms
The Supreme Court recently dismissed a Public Interest Litigation (PIL) seeking to cancel faculty appointments in Indian Institutes of Technology (IIT) from 2008 to present for allegedly violating reservation norms. The PIL also sought for equal opportunity to be given to candidates from northern and Hindi speaking states in faculty positions at IITs across India.Terming the...
Supreme Court Pulls Up States and High Courts For Not Filing Compliance Report On Directions Issued On Motor Accident Compensation Claims
The Supreme Court on Monday urged the States and High Courts that had not filed their compliance reports in connection with a slew of directions issued by the Apex Court in December 2022 with regard to motor accident compensation claims to do so by August 14. The Court warned that if the reports are not submitted on time, the Court would have to insist on the presence of Registrar Generals of...
Rajasthan Premises (Control of Rent and Eviction) Act 1950 | Though Eviction Suit Can't Be Filed Before 5 Years Of Tenancy, Supreme Court Affirms Decree As It Was Passed After 38 Years
The Supreme court bench comprising of Justice Sanjay Kishan Kaul and Justice Ahsanuddin Amanullah held that the objective of section 14(3) of Rajasthan Rent control Act,1950 was to safeguard the interest of tenants. As per the provision, Eviction suit cannot be filed by landlord within 5 years of tenancy. However, the court opined that even though in this case, the eviction suit was filed...
NGT Cannot Pass Directions Relying On Recommendations Of Expert Committee Without Giving Parties A Chance To Rebut It: Supreme Court
The Supreme Court recently held that the National Green Tribunal (NGT) being an adjudicatory body must comply with the principles of natural justice. It also held that if the NGT intends to rely on the report of an expert Committee or any other material that is brought to its knowledge, the concerned party must be informed of it in advance, and be given an opportunity for discussion...
Supreme Court Constitutes Expert Committee to Find a Solution for Unregulated Entry of Pilgrims into Core Areas of National Parks and Wildlife Sanctuaries
The Supreme Court of India on Wednesday set up a high-level panel to examine the environmental issues arising as a result of a large number of pilgrims visiting the temples located inside the core area of Rajasthan’s Sariska Tiger Reserve and directed them to furnish a report within six weeks. The bench held: “The perusal of an affidavit by the deputy forest conservator...
Gurugram Prime Plot 'Sold' Through Fake GPA : Supreme Court Forms SIT To Probe Land Scam; Questions Role Of Sub-Registrar's Office
The Supreme Court, recently, directed the Commissioner of Police, Gurugram to constitute a Special Investigation Team (SIT) to investigate a land scam that involves officials at the office of land Registering Authorities and other accused persons allegedly duping an elderly NRI couple. The Apex Court categorically stated that the Commissioner of Police, Gurugram is personally responsible...
Revenue Dept Can't Recover Refunded Cess Amount Because Refund Was Based On A Judgment Which Was Later Overruled : Supreme Court
The Supreme Court has upheld the decision of the Jammu and Kashmir and Ladakh (J&K&L) High Court where the court had held that the assessee was not liable to return the Education Cess and Secondary & Higher Education Cess in view of the law subsequently laid down by the Supreme Court in M/s Unicorn Industries vs. Union of India, (2020) 3 SCC 492.In the present case Commissioner...