WB Recruitment Scam: Supreme Court Extends Interim Protection To Appointees Against Cancellation But Permits CBI To Continue Probe

The Supreme Court today modified its earlier interim order protecting the appointments made in pursuance of the alleged West Bengal SSC recruitment scam, stating that those appointees whose appointments are found to be illegal shall be liable to refund their salaries.The top court has also permitted the CBI to continue its probe to determine the officials involved but precluded the agency...

Don't Name Innocent Individuals In 'History Sheets' Simply Based On Their Caste Or Disadvantaged Background: Supreme Court To State/ UTs

While exercising its suo moto powers, the Supreme Court on Tuesday (May 07) directed all States/Union Territories to revisit their policy concerning making mechanical entries in 'History Sheet' mentioning the details of the innocent individuals, who hail from the social, economic and educational disadvantaged backgrounds, along with those belonging to Backward Communities, Scheduled Castes...

History Sheet Can't Include Details Of Minor Children In Absence Of Evidence Against Them: Supreme Court In MLA Amanatullah Khan's Case

While deciding on a plea of AAP MLA Amanatullah Khan against the action of Delhi Police declaring him a 'bad character' by opening a 'history sheet' against him, the Supreme Court on Tuesday (May 07) modified the decision of the Delhi High Court to the extent that- details of Khan's minor school-going children and his wife, against whom there was no adverse material, wouldn't be included in...

Patanjali Case: Centre Defends Letter Asking States To Not Act Against Ayurvedic Drugs Ads, Cites Technical Advisory Board's Recommendation

The Central government has defended before the Supreme Court its letter asking State/UT licensing authorities to not take action against ads pertaining to Ayurvedic and Ayush products under Rule 170 of the Drugs and Cosmetic Rules, 1945 ("1945 Rules"). The development comes in the contempt case against Patanjali Ayurveda over the publication of misleading advertisements.As per an affidavit...

Judicial Service | 'High Score In Written Exam Alone Doesn't Determine Merit' : Supreme Court Upholds Minimum Mark Criteria For Interview

The Supreme Court on Monday (May 6) upheld the constitutionality of the Rules stipulating minimum qualifying marks in the viva voce test as a part of the selection criteria for appointment to the District Judiciary in the States of Bihar and Gujarat.While rejecting the petitioners' contention that the prescription of minimum qualifying marks in the interview violates Articles 14 and 21 of...

Medical Board Must Report Physical & Mental Health Of Pregnant Person Even If Pregnancy Is Above 24-Weeks & There Are No Foetal Abnormalities: Supreme Court

In an important judgment, the Supreme Court observed that when a medical board formed in terms of the Medical Termination of Pregnancy (MTP) Act 1971 examines a pregnant person with a gestational age above twenty-four weeks, it must opine about the physical and mental health of the person, even if there are no substantial foetal abnormalities.The bench comprising Chief Justice of India...

Supreme Court Slams Authorities For Starting Airport Construction At Silchar Without Obtaining EC; Criticises NGT For Its Non-Interference

The Supreme Court on Monday (May 6) came down heavily upon the manner in which the National Green Tribunal (NGT) 'abdicated' its duties by not interfering in the construction of the Silchar Greenfield Airport Project which was proceeding without obtaining the mandatory prior Environmental Clearance.The Court also slammed the authorities for carrying out extensive clearance of the site (nearly...

Delhi VAT Act | Authorities Must Strictly Follow Time Limit To Process & Issue Refunds : Supreme Court

In a recent decision, the Supreme Court held that the department must mandatorily adhere to the time limit for processing and issuing the refunds under Section 38 of the Delhi Value Added Tax Act, 2004. “The language of Section 38(3) is mandatory and the department must adhere to the timeline stipulated therein to fulfill the object of the provision, which is to ensure that refunds...

'Lis Pendens' Doctrine Can Be Applied Even If S.52 Transfer Of Property Act Is Not Strictly Applicable In A State : Supreme Court

The Supreme Court held that the non-applicability of the provisions of Section 52 of the Transfer of Property Act, 1881 (“TPA”) wouldn't bar the applicability of principles of lis-pendens, which are based on justice, equity, and good conscience.“In short, there can be no doubt that even if Section 52 of the T.P Act is not applicable in its strict sense in the present case (State of...

Indirect Tax Cases Weekly Round-Up: 28 April To 4 May 2024

Supreme Court Supreme Court Seeks Data Of GST Arrests, Says Citizens' Harassment Won't Be Allowed Due To Any Ambiguity In Arrest Provisions Case Title: Radhika Agarwal v. Union of India and Ors., W.P.(Crl.) No. 336/2018 (and connected matters) While hearing a batch of petitions challenging penal provisions of GST Act, Customs Act, etc. as non-compatible with the CrPC and...

The Complete Supreme Court Annual Digest- 2023 [Part-XV]

Section 279 - Rash driving or riding on a public way Penal Code, 1860; Sections 279, 304A – Motor Accident Case – Reduction of sentence of convict – Object of Indian Penal Code is to punish offenders for offences under the act – Indian Penal Code punitive and deterrent – Corrective measures ought to be recognised while sentencing convict but deterrence...

The Complete Supreme Court Annual Digest- 2023 [Part-XIV]

Municipal Corporation Act (Delhi) Municipal Corporation Act (Delhi) - Delhi Municipal Corporation (Procedure and Conduct of Business) Regulations - These provisions make it abundantly clear that the election of the Mayor has to be held first. The elected Mayor is then required to preside over the election of the Deputy Mayor as the presiding authority. Consequently,...