Supreme court
Supreme Court Criticizes Finance Ministry For Treating Debts Recovery Tribunal As “Subordinate Department”, Seeks Explanation
The Supreme Court on Monday (September 30) expressed concerns over the Ministry of Finance treating the Debts Recovery Tribunal (DRT) at Visakhapatnam as its subordinate department after a report revealed that DRT staff had been diverted to carry out tasks assigned by the Finance Ministry.The report, which was submitted by the Presiding Officer of the DRT, detailed that staff members had...
Supreme Court Weekly Round-up: September 23, 2024 To September 29, 2024
Nominal IndexCitationsJust Rights For Children Alliance v. S. Harish Diary No.- 8562 - 2024 2024 LiveLaw (SC) 728Fulleshwar Gope v. UOI & Ors. 2024 LiveLaw (SC) 729Rabbu @ Sarvesh v. State of Madhya Pradesh, Criminal Appeal Nos. 449-450 of 2019 2024 LiveLaw (SC) 730Yogarani v. State By Inspector of Police, Criminal Appeal No. 477/2017 2024 LiveLaw (SC) 731Central Bureau of Investigation...
'We Can't Let Such A Talented Boy Go Away:' Supreme Court Directs IIT To Admit Dalit Student Who Lost Admission Due To Delay In Paying Fee
The Supreme Court on Monday (September 30) granted relief to a Dalit student who lost his admission to the Indian Institute of Technology(IIT) because he was late in paying the online admission fee of Rs 17,500/- by a few minutes.A bench comprising Chief Justice of India DY Chandrachud, Justice JB Pardiwala and Justice Manoj Misra directed that the petitioner should be admitted to the seat at...
Preserve Answer Scripts Till Selection Process Is Complete To Obviate Allegations Of Wrong-Doing : Supreme Court
In a matter pertaining to recruitment of primary teachers in Manipur, the Supreme Court recently observed that when recruitment for public posts is being done, authorities shall preserve answer scripts of candidates until the process is complete, to obviate any allegations of wrong-doing."When recruitment for public posts is being made by the State, the preservation of the answer scripts...
75 Important Judgments Of The Supreme Court: Part II | Celebrating 75 Years of India's Supreme Court
In Part II of the 75 landmark judgments of the Supreme Court, we look at another set of 25 judgments relating to Article 21 including unenumerated rights. Due process and interrelatedness of rightsDue process guarantees not included in Article 21 In 1950, in A.K. Gopalan v The State of Madras, the Supreme Court upheld the constitutional validity of the Prevention Detention Act, 1950, except...
'Agreement Of Sale A Sheer Piece Of Fraud & Concoction' : Supreme Court Sets Aside Decree For Specific Performance
The Supreme Court, while exercising jurisdiction under Article 136 of the Constitution, reversed the concurrent findings of the Trial Court, First Appellate Court, and High Court which had validated the sale agreement transcribed on one of the blank stamp papers on which the thumb impression of the defendant (illiterate) had been taken before its transcription. From the facts, the Court...
DV Act |When Can Order Passed Under S.12 Be Modified/Altered Due To Change In Circumstances? Supreme Court Explains
The Supreme Court, in a recent judgment, has explained when Section 25(2) of the Protection of Women from Domestic Violence Act, 2005 can be invoked to seek the alteration, modification or revocation of an order passed by the Magistrate under Section 12 of the Act.The bench comprising Justices BV Nagarathna and N Kotiswar Singh observed that the scope of Section 25(2) of the Act is broad...
S. 37 Arbitration Act | An Award Can't Be Set Aside Merely Because Appellate Court's View Is A Better View : Supreme Court
The Supreme Court today (Sep. 27) observed that unless the arbitral award suffers from the illegality mentioned under Section 34 of the Arbitration & Conciliation Act, 1996 (“Act”), no award can be interfered with or set aside by the Appellate Courts under Section 37 of the Act. The bench comprising Justices PS Narasimha and Pankaj Mithal observed that the award cannot be set...
Supreme Court “Showing Magnanimity” Closes Contempt Proceedings Against UP Official For False Affidavit, Imposes Rs. 5 Lakh Cost On State
The Supreme Court on Friday (September 27) closed contempt proceedings against the former Principal Secretary of the Uttar Pradesh Prisons Administration Department for making false statement in his affidavit filed to explain delay in deciding remission plea of a convict.“We can go deep into the matter and fix the responsibility, but we are facing huge pendency of cases and therefore we do...
Such Litigants Have No Place In Court: Supreme Court Imposes Rs. 10 Lakh Fine On Litigant Company For Suppression of Facts
The Supreme Court on Friday (September 27) came down heavily on a litigant for suppressing material facts in its two appeals and filing affidavits that sought to justify such suppression.A bench of Justice Abhay S Oka and Justice Augustine George Masih imposed a fine of Rs. 5 lakhs in each case on the litigant company, who has filed the SLPs challenging orders of the National Company...
Free Copy Of NCLT Order & Copy Of Order Obtained On Paying Cost Are 'Certified Copies' For Filing NCLAT Appeal : Supreme Court
The Supreme Court today (September 27) set aside an order of the National Company Law Appellate Tribunal (NCLAT) which refused to condone delay in filling an appeal because of the filling of a 'free copy' of the impugned order.The bench of CJI DY Chandrachud and Justice Manoj Misra held that there was no difference between a free certified copy of the order and a certified copy which is...
No Prohibition Against Quashing Criminal Proceedings Even After Charge Sheet Is Filed : Supreme Court
The Supreme Court reiterated that there is no prohibition against quashing criminal proceedings even after the charge sheet has been filed.The bench comprising Justices PS Narasimha and Pankaj Mithal held so while quashing the domestic cruelty case against the accused after noting that no new allegations were discovered against the accused even after filing the charge sheet as it remained...