Supreme court
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...
Supreme Court Finds Fault With View That Accused Can Be Denied Bail Merely On Account Of Being A Foreigner
While hearing the bail plea of a foreign national denied bail by the Himachal Pradesh High Court, the Supreme Court yesterday expressed reservations about the view that bail can be denied to an accused merely because he is a foreign national.A bench of Justices Sanjiv Khanna, Sanjay Kumar and R Mahadevan refused to interfere with the impugned judgment, however faulted the reasoning of the...
Article 226 | High Court Should Not Reappreciate Evidence Led In Departmental Enquiry : Supreme Court
The Supreme Court quashed the judgment of a single of the Rajasthan High Court, affirmed by the division bench, on the grounds that despite concluding a departmental enquiry has been fairly and properly conducted, the court re-assessed evidence. A bench of Justices Hima Kohli and Ahsanuddin Amanullah held: “The learned single judge held that the findings returned in the enquiry were...
Supreme Court Dismisses ED's Plea Against HC Order Allowing NDTV To Seek Compounding Of Alleged FEMA Violations
The Supreme Court on Monday (August 12) dismissed the plea by Directorate of Enforcement (ED) challenging a Bombay High Court order that allowed New Delhi Television (NDTV) to pursue compounding proceedings for alleged violations of the Foreign Exchange Management Act (FEMA) before the Reserve Bank of India (RBI).A bench of Justice Abhay Oka and Justice Augustine George Masih ruled that there...