Supreme court
UP Intermediate Education Act | Appointment Process Of Teachers Not Concluded Without Approval By DIOS : Supreme Court
The Supreme Court has held that the process of appointment of Teachers under the U.P. Intermediate Education Act, 1921 is not concluded without obtaining the mandatory approval of District Inspector of Schools (“DIOS”). There is no vested right of the candidate to be appointed merely because selection process has been completed. Section 16-FF(3) of the U.P. Intermediate Education Act,...
‘Investigating Officer Did Not Meet The Obligations’: Supreme Court Reverses Murder Conviction Imposed By Trial Court, Affirmed By High Court
Recently, while reversing a conviction imposed by the Trial Court and affirmed by Chhattisgarh High Court, inter alia, for murder, the Supreme Court noted that the investigating officer did not meet the obligations cast upon him under Chapter XII of Code of Criminal Procedure Code, 1973. “...we may observe that the Investigating Officer did not meet the obligations he was under. As we...
Supreme Court Directs All States/UTs To Register Suo Motu FIR Against Hate Speeches Irrespective Of Religion
In a significant development, the Supreme Court on Friday extended the application of its October 2022 order (which directed the Delhi, Uttar Pradesh and Uttarakhand Police to take suo motu action against hate speech cases) to all States and Union Territories. So now, all States/UTs are enjoined to take suo motu action to register FIR against hate speeches, without waiting for any...
Supreme Court Quashes Forgery Case Against Former Punjab CM Prakash Singh Badal & Akali Dal Leaders Over Party's Dual Constitution
The Supreme Court on Friday quashed the criminal proceedings pending against Shiromani Akali Dal chief Sukhbir Singh Badal, his father and five-time former Punjab Chief Minister Parkash Singh Badal, and party senior vice-president Daljit Singh Cheema in an alleged forgery case over the political party’s dual constitutions.Parkash Singh Badal had passed away at the age of 95 on April...
Supreme Court Quarterly Digest On CODE OF CIVIL PROCEDURE CODE 1908 [January - March 2023]
Section 24 - General power of transfer and withdrawalCode of Civil Procedure, 1908; Section 24, 25 - The power under section 24 of the CPC can be exercised by the High Court even for inter-State transfer of a suit, appeal or other proceeding, if it is the common High Court for two or more States under Article 231 of the Constitution and both the Civil Courts (transferor and transferee)...
Value Of Plant & Machinery Permanently Embedded To Land Must Be Ascertained To Compute Stamp Duty For Sale Deed : Supreme Court
The Supreme Court has held that the registration authorities are empowered under the proviso to Section 27 of the Indian Stamps Act, 1899, as inserted by the Andhra Pradesh Amending Act, 1988, to inspect the property, which is the subject matter of the instrument, make necessary enquiries and satisfy itself that the provisions of Section 27, which requires that all facts affecting the levy...
Ganja Seeds Not Banned Contraband Under NDPS Act : Supreme Court
The Supreme Court recently granted bail to a man accused of supplying Ganja seeds on the ground that the definition of "ganja" under the Narcotic Drugs and Psychotropic Substances Act, 1985 does not include ganja seeds.A Division Bench of Justice Hrishikesh Roy and Justice Manoj Misra observed that“The materials on record show that the petitioner has supplied Ganja seed for cultivation and...
[Application On Permanent Remission] Supreme Court Pulls Up State of Uttar Pradesh For Non-Compliance of Earlier Order; Seeks Affidavit
The Supreme Court of India recently rapped the State of Uttar Pradesh for not complying with the Court’s earlier order which directed to consider and pass orders on the application of a convict seeking permanent remission.A Bench headed by Justice Abhay S Oka came down heavily on the State for not complying the Court’s order dated February 7 and had asked Rajesh Kumar Singh,...
Supreme Court Modified Its Previous Order Mandating A 1 Km Eco-Sensitive Zone (ESZ) Around Protected Forests
The Supreme Court on Wednesday modified its order dated June 3, 2022 to the extent that directions in the said order mandating a 1 km Eco-Sensitive Zone (ESZ) around protected forests would not be applicable to the ESZs in respect of which a draft and final notification has been issued by the Ministry of Environment, Forest and Climate Change (MoEF & CC) and in respect of the proposals...
Allopathy Doctors And Ayurved Doctors Do Not Perform Equal Work And Are Not Entitled To Equal Pay: Supreme Court
The Supreme Court, on Wednesday, held that Allopathy doctors and doctors of indigenous medicine cannot be said to be performing equal work so as to be entitled to equal pay.The Apex Court noted that the emergency duty that Allopathy doctors are capable of performing and the trauma care that they are capable of providing cannot be performed by Ayurved doctors. It further noted that it is...
Supreme Court Weekly Digest With Nominal And Subject/Statute Wise Index (Citations 282 - 307) [April 10 – 16, 2023]
SUBJECT WISE INDEXAdvocateDuty of all genuine lawyers to get their degrees verified: Supreme Court forms expert committee to oversee verification. Ajay Shankar Srivastava v. Bar Council of India, 2023 LiveLaw (SC) 307ArbitrationSection 34 application must be filed within 90 days limitation to claim exclusion of period when court remain closed. Bhimashankar Sahakari Sakkare Karkhane Niyamita...