Supreme court
Foreign Judgment Violative Of Indian Law Not Binding On Indian Courts : Supreme Court
The Supreme Court in a recent order has held that a foreign judgment that goes against Indian law is not conclusive between parties involved and not binding on the Indian Courts. The bench of Justices Surya Kant and Ujjal Bhuyan was hearing a challenge against the order of the Gujarat High Court which dismissed the petitioner's writ of Habeas Corpus seeking repatriation of the minor daughter...
No Assertion In ED Complaint That Scheduled Offences Generated Proceeds Of Crime : Supreme Court Grants Bail In PMLA Case
The Supreme Court recently granted bail in a case under the Prevention of Money Laundering Act (PMLA) after noting that the prosecution complaint did not have any assertion that the scheduled offence generated proceeds of crime directly or indirectly..“Prima facie, there must be factual assertions in the complaints to show that the offences which are named as scheduled offences on the basis...
NEET-SS : Supreme Court Dismisses Plea To Hold NEET-SS 2024 This Year, Asks NMC To Announce Exam Schedule In 30 Days
The Supreme Court on Wednesday (August 14) dismissed a petition challenging the decision of the National Medical Commission(NMC) to not hold the NEET- Super Speciality Exam (NEET-SS) 2024 this year.The petition was filed by thirteen doctors under Article 32 of the Constitution.The bench of CJI DY Chandrachud,Justices JB Pardiwala and Manoj Misra observed that the data given by the...
Railway Accident| Claimants Entitled To Benefit Of Higher Compensation Prescribed After Date Of Incident: Supreme Court
The Supreme Court reiterated that in railway accident compensation claimants, if the compensation claimed is less than the compensation prescribed as on the date of the decision, then they are entitled to the higher amount.The claimants claimed Rs. 4 Lakhs compensation as applicable on the date of the incident (of the year 2003) as per Schedule I of the Railway Accidents (Compensation)...
States Can Recover Past Tax Dues On Mineral Rights, But Not For Period Before April 1, 2005 : Supreme Court
The Supreme Court on Wednesday (August 14) rejected the argument that its judgment delivered on July 25 upholding the powers of the States to tax mineral rights and mineral-bearing lands should be given only a prospective effect from the date of the judgment.This means that the Court has allowed the States to recover the tax dues for the past period based on the judgment in Mineral...
S. 193 IPC | When Can Perjury Proceedings Be Initiated Against A Litigant? Supreme Court Explains
While quashing a perjury proceeding against a litigant, the Supreme Court on Tuesday (Aug. 13) laid down the yardsticks which should be fulfilled for initiating proceedings for the offence of perjury under Section 193 of Indian Penal Code, 1860.The bench comprising Justice BR Gavai, Justices Sanjay Karol and KV Viswanathan was deciding an appeal preferred by a litigant against the decision of...
Recover Compensation From Officers Who Demolished Buildings Ignoring Status Quo Order : Supreme Court Slams Patna Authorities
The Supreme Court has come down heavily on the authorities of the Patna Municipal Corporation and the District Administration for demolishing certain structures ignoring a status quo order passed by the Court.In this case, the petitioners were aggrieved by the directions for the demolition of the houses and buildings constructed by them allegedly on public land. The petitioners had filed...
Does 'PV Anwar' Judgment Mandating S.65B Evidence Act Certificate For Electronic Evidence Apply Retrospectively? Supreme Court To Decide
The Supreme Court has taken up the issue of whether the judgment in the case of Anwar PV v. PK Basheer & Ors., which clarified the law regarding the admissibility of electronic record as secondary evidence, should be applied retrospectively or only prospectively.A bench of Justice Surya Kant, Justice Dipankar Datta and Justice Ujjal Bhuyan sought the assistance of Solicitor General...
Jostling & Pushing To Wriggle Out Of Arrest Didn't Amount to Criminal Use Of Force : Supreme Court Sets Aside Conviction U/S 353 IPC
The Supreme Court today (August 12) set aside the conviction and sentence of the appellant under Section 353 (assault or criminal force to deter public servant from discharge of his duty) of the Indian Penal Code, 1860.The present appeal challenges the order of the Madhya Pradesh High Court dated October 14, 2009, which confirmed the conviction of the appellant under Section 353 and sentence...
Misleading Ads : Supreme Court Closes Contempt Case Against Patanjali, Baba Ramdev & Acharya Balkrishna Accepting Apology, Gives Stern Warning
The Supreme Court today closed the contempt proceedings pending against Patanjali Ltd, its Managing Director Acharya Balkrishna and co-founder Baba Ramdev over the publication of misleading medical advertisements in breach of a court undertaking. While the notices issued to the contemnors were discharged, the Court warned that they should comply with all future orders of the court and not...