Supreme court
Aadhaar Card Not Suitable As Proof Of Date Of Birth : Supreme Court
The Supreme Court today set aside a High Court's decision to accept the date of birth mentioned in the Aadhaar Card to determine the age of the victim in a motor accident compensation case. The bench comprising Justices Sanjay Karol and Ujjal Bhuyan was not inclined to accept the suitability of the Aadhaar Card as proof of age. The Court observed that instead of referring to the date of...
Govt Counsel Should Have Written Instructions From Authorities; Court Should Act Against Officials Who Misrepresent: Supreme Court
In a notable observation, the Supreme Court recently underscored the necessity for parties, especially government authorities, to provide truthful and accurate information in writing. It emphasized that written instructions are crucial to prevent factual errors and misrepresentations, which can compromise the integrity of the judicial process. Relying on oral submissions alone can lead...
Supreme Court Strikes Down Delhi HC's “Strange” Bail Condition That Accused Must Arrange Accommodation & Reside In Delhi During Trial
The Supreme Court on Monday (October 21) struck down a bail condition imposed by the Delhi High Court in a murder case that required the accused to arrange accommodation in Delhi and reside there during the trial.A bench of Justice Abhay Oka and Justice Augustine George Masih, while dealing with an SLP filed by the accused against the bail conditions, found this condition to be “strange”...
Create Awareness About Free Legal Aid, Inform Convicts Of Their Right To Appeal : Supreme Court Issues Guidelines
In a significant judgment affirming the convicted prisoners' right to legal aid, the Supreme Court has passed a slew of directions on the aspect of awareness. It has been held that in the success of the functioning of the legal aid mechanism, "awareness is the key". A robust mechanism needs to be put in place and should be periodically updated to ensure that the various beneficial...
Environment Protection Act Rendered Toothless Due To Centre's Inaction: Supreme Court
The Supreme Court on Wednesday (October 23) observed that the section 15 of the Environment Protection Act has been rendered “toothless” due to the Centre's inaction after the 2023 Jan Vishwas Amendment which replaced punishment for violation of the Act with penalties.“This provision has been rendered completely ineffective due to inaction on the part of Government of India…In the...
Card Issuing Bank Not Liable To Pay Service Tax On Interchange Fee When It Is Already Paid On MDR : Supreme Court
The Supreme Court recently ruled that a card issuing bank is not liable to separately pay service tax on the interchange fee when the said tax already stands paid on the Merchant Discount Rate (MDR). The Three Judge Bench of Justice Sanjiv Khanna, Justice Sanjay Kumar, and Justice R. Mahadevan observed that “the entire amount of the service tax payable on the MDR has been paid to...
IBC | No Compulsion To Specify Names Of Creditors In Balance Sheet, General Entry Acknowledging Debt Sufficient To Initiate CIRP : Supreme Court
Observing that there's no compulsion for the companies to specify the names of every secured/unsecured creditor in their balance sheet, the Supreme Court dismissed the plea of a corporate debtor's suspended director against the initiation of Corporate Insolvency Resolution Process (“CIRP”). In other words, the bench comprising Justices PS Narasimha and Sandeep Mehta observed that when...
'Legal Aid To Poor Should Not Be Poor Legal Aid : Supreme Court Issues Directions To Ensure Prisoners Get Free & Timely Legal Aid
The High Courts may consider the feasibility of issuing a practice direction to the effect that all courts including the High Court while furnishing the copy of the judgment of conviction/dismissal/reversal of acquittal/dismissal of bail applications, may append a coversheet to the judgment informing the convict about the availability of free legal aid facilities for pursuing higher remedies. The coversheet may set out the contact address and phone number of the legal aid committee attached to the court for seeking appropriate guidance. Similar information may be made available in the notices issued to the respondents by the concerned courts in appeals against acquittal.
Supreme Court Sets Aside NCLAT Order Which Closed Insolvency Process Against Byju's Based On Settlement With BCCI
The Supreme Court today (October 23) set aside the order of the National Company Law Appellate Tribunal which closed the insolvency proceedings against ed-tech company Byju's (Think and Learn Pvt Ltd) accepting a settlement between it and the Board of Control for Cricket in India (BCCI) for about Rs 158 crores.The Court held that the NCLAT erred in allowing the withdrawal of the...
Supreme Court Upholds Power Of States To Regulate Industrial Alcohol Under Term 'Intoxicating Liquor'; Justice Nagarathna Dissents
A nine-judge Constitution Bench of the Supreme Court on Wednesday (October 23), held by 8:1 majority, held that the States have the power to regulate 'denatured spirit or industrial alcohol'.The majority concluded so by holding that the term "intoxicating liquor" in Entry 8 of List II (State List) of the Seventh Schedule of the Constitution will include industrial alcohol.The majority held...
Supreme Court Weekly Round-up: October 14, 2024 To October 20, 2024
IndexCitationsShingara Singh v. Diljith Singh and Anr 2024 LiveLaw (SC) 795Neelam Gupta & Ors v. Rajendra Kumar Gupta & Anr., Civil Appeal Nos.3159-3160 of 2019 2024 LiveLaw (SC) 796Somjeet Mallick v. State of Jharkhand & Ors 2024 LiveLaw (SC) 797Renjith KG & Ors. v. Sheeba, Civil Appeal Nos. 8315 – 8316 Of 2014 2024 LiveLaw (SC) 798Kerala State Electricity Board Ltd v....
Supreme Court Orders ₹1 Lakh Compensation To Air Force Official Who Faced Unnecessary Litigation For Overtaking Senior's Vehicle
The Supreme Court ordered payment of Rupees One Lakh compensation to an Airman of the Indian Air Force who was foisted with unnecessary litigation for overtaking a Squadron Leader's vehicle at a railway crossing.The bench comprising Justice PS Narasimha and Justice Sandeep Mehta heard a case where the Air Man-appellant was reprimanded and an admonition order was passed against him for...