Supreme court
Supreme Court Directs BMW To Pay Rs 50 Lakhs Compensation To Customer For Defective Car
The Supreme Court recently disposed of a 15-year-old cheating case pending against BMW India Pvt. Ltd. and certain members of its management. The case was instituted by GVR Infra Projects, being aggrieved by BMW's supply of a defective car in 2009.Putting an end to the prolonged legal battle, the bench of CJI DY Chandrachud and Justices JB Pardiawala, Manoj Misra directed payment of Rs.50...
Supreme Court Explains Features Of Doctrine of Legitimate Expectation
Observing that the doctrine of legitimate expectation cannot be extended to the operation of a contract, the Supreme Court laid down the crucial features regarding the doctrine of legitimate expectation.The features are as follows: -"a. legitimate expectation must be based on a right as opposed to a mere hope, wish, or anticipation; b. legitimate expectation must arise either from an express...
Chief Information Commissioner Has Power To Form Benches & Frame Regulations For Smooth Functioning Of Central Information Commission: Supreme Court
The Supreme Court recently held that the Chief Information Commissioner (CIC) has the power to form benches and frame regulations for the effective management of the affairs of the Central Information Commission under Section 12(4) of the Right to Information Act, 2005.A bench of Justice Vikram Nath and Justice Satish Chandra Sharma held –“Crucially, Section 12(4) of the RTI Act...
Writ Petition By Teachers Not Maintainable Against Private School Over Service Disputes : Supreme Court
The Supreme Court held that a writ petition under Article 226 of the Constitution couldn't be entertained against a private education society for adjudication of private service disputes.The Court also held that the Army Welfare Education Society cannot be considered as "State" under Article 12 of the Constitution.Setting aside the High Court judgment, the bench comprising Justices JB...
'What Kind Of Order?' : Supreme Court Questions HC For Deferring Release Of Accused By 6 Months Despite Granting Him Bail
The Supreme Court on Friday (July 12) raised concerns over a "strange" order by the Patna High Court that granted bail to an accused in a murder case but directed his release only after six months, without providing any reason for this condition.A bench of Justice Abhay Oka and Justice Ujjal Bhyan granted interim bail to the accused, one Jitendra Paswan, subject to the conditions outlined in...
Indian Citizenship Should Not Be Doubted Due To Minor Variations In Name Spellings In Electoral Rolls Or Govt Records: Supreme Court
The Supreme Court on Thursday (July 11) highlighted the challenges faced by uninformed or illiterate individuals in rural areas, particularly in Assam, to prove Indian citizenship without having official documents.A bench of Justice Vikram Nath and Justice Ahsanuddin Amanullah highlighted that it is common for such persons to lack government-issued documents, especially when they do not own...
Petitioners In Contempt Case Against DDA Should Not Be Harassed : Supreme Court To Delhi Police
The Supreme Court on Friday (July 12) stated that no authority shall harass the petitioners who filed a contempt case against the Delhi Development Authority (DDA) over illegal tree felling in Delhi Ridge Forest Area.The petitionesr in the contempt case has alleged harassment by the Delhi police after the contempt petition was filed. The petitioners stated that the Delhi police was...
Truth About Delhi LG's Site Visit Now Out After Much Cover-Up, Specify If Tree Cutting Was Ordered By Him : Supreme Court To DDA
The Supreme Court on Friday (July 12) remarked that a "cover up" was going on at the instance of the Delhi Development Authority regarding the role played by the Lieutenant Governor of Delhi VK Saxena in directing the illegal felling of trees in Delhi Ridge Forest Area.The Court also warned that it will consider issuing a contempt notice to the Delhi LG. A special bench comprising...
ED Officer Must Also Consider Materials Exonerating Accused Before Deciding To Arrest, Can't Pick & Choose: Supreme Court
A crucial development in the PMLA jurisprudence took place on Friday (July 12) when while granting interim bail to Delhi Chief Minister Arvind Kejriwal, the Supreme Court held that an officer of the Enforcement Directorate (ED), exercising power of arrest under Section 19(1), Prevention of Money Laundering Act cannot ignore material which exonerates the arrestee."The legality of the “reasons...
ED Should Act Uniformly, Apply One Rule For All; Data On Cases Raises Number Of Questions: Supreme Court In Kejriwal Order
In the judgment granting interim bail to Delhi Chief Minister Arvind Kejriwal, the Supreme Court underscored the need for the Enforcement Directorate to have a uniform policy on when a person should be arrested under the Prevention of Money Laundering Act (PMLA).A bench comprising Justices Sanjiv Khanna and Dipankar Datta, while deciding Kejriwal's petition challenging his arrest by the ED...
PMLA| ED Cannot Arrest On Grave Suspicion Alone; There Must Be Written Reasons To Believe That Accused Is Guilty : Supreme Court
While granting interim bail to Delhi Chief Minister Arvind Kejriwal on Friday (July 12), the Supreme Court observed that arrest under Section 19 of the Prevention of Money Laundering Act cannot be made simply for the purposes of investigation. Rather, the power can be exercised only when the concerned officer is able to form an opinion, based on material in possession, and upon recording...
Supreme Court Directs Kejriwal To Not Visit CM Office While On Interim Bail, Says He May Decide Whether To Step Down From CM Post
While granting interim bail to Delhi Chief Minister Arvind Kejriwal on Friday (July 12) in the case registered by ED under PMLA over the alleged Delhi Liquor Policy scam, the Supreme Court today directed that Kejriwal shall not visit the CM office and Delhi Secretariat during the period of interim release.The judgment, passed by Justices Sanjiv Khanna and Dipankar Datta, imposed the...