Supreme court
S. 106 Evidence Act | Accused Can't Be Asked To Discharge Burden Of Proof When Prima Facie Case Wasn't Established By Prosecution: Supreme Court
Recently, the Supreme Court acquitted an accused who was charged with the offence of murdering his wife because the prosecution was not able to prove the prima facie case against the accused. For invoking Section 106 of the Indian Evidence Act of 1872 (“Evidence Act”), the prosecution ought to have discharged the burden on it by adducing cogent evidence to prove the accused presence at...
NEET-UG 2024 | Exam Cancellation Only When Malpractice Is Systemic & Separation Of Untainted Candidates Is Impossible: Supreme Court
While refusing to cancel the NEET-UG exam held on May 5 this year on account of paper leak and malpractices, the Supreme Court has observed that an exam may be cancelled only when its sanctity is found to have been compromised at a systemic level and it is impossible to separate the tainted candidates from the untainted ones."...the cancellation of an examination, either for the purposes...
Supreme Court Highlights NTA's Lapses, Says Manner In Which NEET-UG 24 Was Conducted Raises Serious Concerns
In the judgment rejecting the pleas to cancel the NEET-UG 2024 test, the Supreme Court listed several lapses which took place on the part of the National Testing Agency (NTA) in holding the test.Though the Court said that these lapses did not result into a widespread leak so as to affect the sanctity of the entire examination, the Court flagged several failures, cautioning the agency to...
Supreme Court Dismisses Pleas For SIT Investigation Into Electoral Bonds 'Quid Pro Quo', Says Ordinary Remedies Not Invoked
The Supreme Court on Friday (August 2) dismissed petitions seeking to set up a Special Investigation Team (SIT) to investigate the alleged instances of quid pro quo arrangements between corporate and political parties through Electoral Bonds donations.The Court said that it would be "premature" and "inappropriate" to order an investigation under the monitoring of a retired judge when the...
NTA Should Avoid Flip-Flops Which Happened In NEET-UG Case : Supreme Court
The Supreme Court on Friday (August 2) criticised the National Testing Agency (NTA) for the "flip flops" it made in relation to the conduct of the NEET-UG 2024 exam.The Court was pronouncing the detailed judgment giving the reasons for its July 23 order which refused to cancel the NEET-UG exam held on May 5 over paper leak and malpractices.While holding that there was no material to show that...
Scheduled Castes Not A Homogeneous Class, Sub-classification One Of The Means To Achieve Substantive Equality: Supreme Court
The Supreme Court bench of seven judges headed by the Chief Justice of India (CJI) Dr D.Y. Chandrachud and comprising Justices B.R. Gavai, Vikram Nath, Bela M. Trivedi, Pankaj Mithal, Manoj Misra and Satish Chandra Sharma today, by 6:1 majority, held that sub-division of Scheduled Caste to provide reservation to the weakest out of the weak is permissible.Justice Bela Trivedi dissented....
Slum Rehabilitation Scheme Not To Be Seen As Real Estate Development Project, It's Linked To Right To Life: Supreme Court
A Supreme Court bench of Justices PS Narasimha and Aravind Kumar has held slum rehabilitation scheme cannot be viewed as a real estate development project because “there is a public purpose involved, and that is inextricably connected to the right to life of some of our brothers and sister citizens who are living in pathetic conditions”.In this case, the appellant was appointed as a...
Supreme Court Directs Performance Audit Of Maharashtra Slum Areas Act, Raises Concerns With Its Working
A Supreme Court bench of Justices P.S. Narasimha and Aravind Kumar has suggested that a comprehensive statutory audit of the Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971 (Maharashtra Slum Areas Act) should be performed. It has done so by stating that "reviewing and assessing the implementation of a statute is an integral part of Rule of Law. It is in recognition...