Supreme court
Supreme Court Laments States Not Filling Vacancies In Pollution Control Boards
The Supreme Court on Wednesday deprecated the Delhi Government for “adopting the shortcut” of engaging contractual employees instead of making regular appointments to the state pollution control board.“Instead of making an effort to regularly appoint the staff members, the government seems to have adopted a shortcut method of appointing contractual employees. This practice needs to...
Supreme Court Cautions Authories Against Arbitrary Cancellation Of Public Tenders; Says It Can Impact Private-Public Partnerships
In a notable judgment, the Supreme Court cautioned the public authorities against cancelling public tenders arbitrarily and stressed the importance of upholding the sanctity of contracts.The Court explained that public tenders emanate from the Doctrine of Public Trust and are designed to provide a level playing field for all potential bidders"The sanctity of contracts is a fundamental...
S. 4 Limitation Act Can't Be Invoked Using 30-Day Extension For Arbitration Appeals Filed Beyond 3-Months From Award: Supreme Court
The Supreme Court reiterated that if an arbitral award is challenged beyond the three-month limitation, the benefit of section 4 of the Limitation Act will not be available. The Court held that the 30-day extension period mentioned in the proviso to Section 34(3) of the Arbitration and Conciliation Act 1996 cannot be included in the "prescribed period" in Section 4 of the Limitation...
Indian Husbands Must Financially Empower Their Wives Who Don't Have Independent Source Of Income : Supreme Court
In a notable Judgment delivered by the Supreme Court regarding the right of the Muslim woman to claim maintenance from her husband under Section 125 Cr.P.C., the Court has adverted to the vulnerability suffered by married women in India particularly 'Homemakers' who do not have an independent source of income and the problems faced by them in routine life due to not having access to...
Illegal Auction Sale By Public Authority Can Be Set Aside Under Article 226; Writ Court Not Bound By Order 21 Rule 90 CPC : Supreme Court
The Supreme Court on Tuesday (July 9) held that a person aggrieved by an auction sale conducted by the public functionary in gross violations of the mandatory provisions of law cannot be called upon to establish the dual conditions stipulated in Order XXI Rule 90 of the Code of Civil Procedure, 1908 (“CPC”) for setting aside the auction sale. “We are of the view that in cases such as...
Muslim Women Illegally Divorced Through Triple Talaq Can Seek Maintenance Under Section 125 CrPC : Supreme Court
The Supreme Court has held that a Muslim woman, who has been illegally divorced by the pronouncement of triple talaq, is entitled to seek maintenance from her husband as per Section 125 of the Code of Criminal Procedure.This right is in addition to the remedy provided under the Muslim Women (Protection of Rights on Marriage) Act 2019, which specifies that a woman, who has been subjected to...
CBI Under Administrative Control & Superintendence Of Union Govt : Supreme Court
Today, in its judgment, the Supreme Court observed that the scheme of the Delhi Special Police Establishment (DSPE) Act of 1946 (from which the Central Bureau of Investigation derives its authority) reveals that it is overseen by the Central Government.The Court elucidated that right from the constitution of DSPE (Special police force) and the extension of its powers beyond the Union...
Supreme Court Rejects Plea By Bajaj Auto To Raise Cap On Auto Rickshaws In Delhi
The Supreme Court today dismissed plea filed by Bajaj Auto seeking a raise in the upper limit on number of auto-rickshaws allowed in Delhi.A bench of Justice Abhay Oka and Justice Augustine George Masih observed that the cap was imposed for the protection of environment, and a wrong signal would be sent if the court entertains such a plea by an auto manufacturer interested in increasing...
Delhi Police Harassing & Took Bank Details, Petitioner In Contempt Case Against DDA Tells Supreme Court
The petitioner who filed a contempt case against the Delhi Development Authority (DDA) over illegal tree felling in Delhi Ridge Forest Area has filed an application in the Supreme Court raising allegations of harassment by the Delhi police.The petitioner, Bindu Kapurea has complained about the police's actions, claiming that they have been subjected to undue scrutiny and...
Supreme Court Asks All India Tourist Permit Holders To Approach HCs Challenging States' Levy Of Border Tax On Vehicles
The Supreme Court on Tuesday (July 9) disposed of a batch of writ petitions filed by transporters and tour operators challenging the action of various State Governments in levying Authorization Fee/Border Tax in violation of All India Tourist Vehicles (Permit) Rules, 2023.The Court refused to consider the matter on merits and disposed of the petitions giving liberty to the petitioners to...
Death By Single Stab Wound Can Be Considered Murder If Ingredients Of S.300 IPC Are Fulfilled : Supreme Court
The Supreme Court (on July 08), while upholding the conviction of an accused/ present appellant, highlighted that even a death caused by a single stab can be considered as a murder if other requirements of section 300 (Murder) of the Indian Penal Code, 1860, are fulfilled. The Bench of Justices Dipankar Datta and Justice Pankaj Mithal was deciding a criminal appeal preferred by...
Divorced Muslim Woman Can Seek Maintenance From Husband Under S.125 CrPC In Addition To Remedy Under 1986 Act : Supreme Court
The Supreme Court today (July 10) held that a divorced Muslim woman is entitled to file a petition for maintenance against her ex-husband under Section 125 of the Code of Criminal Procedure. The Court held that this right of a Muslim woman is in addition to the right under the Muslim Women (Protection of Rights on Divorce) Act 1986.The Bench of Justices BV Nagarathna and Augustine George...