Supreme court
Sub-classification Of Castes Would Amount To States Tinkering With Presidential List : Justice Bela Trivedi's Dissent
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, by 6:1 majority, has held that sub-division of Scheduled Caste to provide reservation to the weakest out of the weak is permissible.Justice Bela dissented. Justice...
Exploring Dr. Ambedkar's Influence On Justice Gavai's Judgment In Caste Sub-Classification Case
In his judgment allowing sub-classification within Scheduled Castes (SCs), Justice BR Gavai of the Supreme Court drew extensively on the views of Dr. BR Ambedkar to address concerns and validate the decision. The judgment extensively references Ambedkar's thoughts on social justice, equality, and the upliftment of disadvantaged groups, using them as a foundation to support...
Supreme Court Prima Facie Disagrees That Second SLP Can Be Filed If First SLP Was Dismissed Without Any Reasons Or Was Withdrawn
The Supreme Court, recently (on July 29), has prima facie disagreed with the view that in cases where a special leave petition (SLP) was dismissed by way of a non-speaking order or withdrawal, the remedy of filing a fresh SLP still exists. Pertinently, this view was taken by a Division Bench of the Top Court in the case of S. Narahari And Ors. v. S.R. Kumar And Ors. However, in...
Gujarat Value Added Tax Act | 'Purchase Price' Definition Doesn't Include Value Added Tax : Supreme Court
While Interpreting the definition of the 'Purchase Price' under the Gujarat Value Added Tax Act of 2003 (“GVAT”), the Supreme Court on Friday (August 2) observed that the value-added tax would not be included in the definition of the purchase price. The Court held that no value-added tax would be added to the purchase price to calculate tax as the same is not mentioned in the categories...
Supreme Court Approves Dismissal Of Employees Given Compassionate Appointment On Forged Documents, Questions Railways' Lapse
While dismissing the employees who were granted a compassionate appointment by the Railways based on forged and fabricated documents with respect to the employment of their respective fathers, the Supreme Court on Thursday (August 1) expressed displeasure over the inactions of the Railways in appointing the employees based on questionable documentation, which was later found to be...
Supreme Court Asks Expert Committee To Suggest Reforms For Better Administration Of NEET-UG Exam
While refusing to cancel the NEET-UG exam held on May 5 this year on account of paper leak and malpractices, the Supreme Court today expanded the mandate for a 7-member expert committee constituted by the Union government to look into NEET paper leak and other malpractices.A bench of CJI DY Chandrachud and Justices JB Pardiwala, Manoj Misra delivered the judgment and prescribed the mandate...
National Housing Bank Act | No Vicarious Liability For Directors Without Specific Pleading That They Were Responsible For Company's Business : Supreme Court
The Supreme Court on Thursday (August 1) held that a complaint against company's directors for offence committed by the company under the National Housing Bank Act, 1987 must contain specific averments that the directors were responsible for the business of the company at the time of the offence.A bench of Justice Abhay Oka and Justice Augustine George Masih quashed a complaint against...
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...