NIA Act | Court of Sessions Has Jurisdiction To Try UAPA Cases When State Hasn't Designated Any Special Court : Supreme Court

The Supreme Court on Thursday (April 18) held that in the absence of the designation of a special court by the state government, the Court of Sessions would have the jurisdiction to try offences punishable under the Unlawful Activities (Prevention) Act, 1967 (“UAPA”),“A bare perusal of sub-section (3) of Section 22 of NIA Act would make it clear that until a Special Court is constituted...

Waqf Board & Not Waqf Tribunal Has Jurisdiction To Decide Issue Of Mutawalli : Supreme Court

Recently, the Supreme Court held that the original jurisdiction to decide the issue pertaining to Mutawalliship vests with the Waqf board and not the Waqf Tribunal. Distinguishing the role of the Waqf Tribunal from that of the board, the Court said that the former is an adjudicatory authority while the latter deals with administration-related issues. “After all, the Waqf Tribunal is...

Termination Of Services Without Disciplinary Enquiry Violates Principles Of Natural Justice : Supreme Court Reinstates College Registrar

Observing that the termination of the services of the employee without holding disciplinary enquiry violates the principles of natural justice, the Supreme Court directed the reinstatement of the Registrar at the GB Pant Institute of Engineering and Technology, Ghurdauri."...we are of the firm view that the termination of the services of the appellant without holding disciplinary enquiry...

Supreme Court Says Stricter Punishments Needed For Election Manipulations & Misconduct By Polling Officers

While reserving verdict on a batch of petitions seeking 100% verification of Electronic Voting Machine (EVM) data with Voter-Verifiable Paper Audit trail (VVPAT), the Supreme Court today expressed its reservations about existing penal provisions to address manipulations with the electoral process.The Bench of Justices Sanjiv Khanna and Dipankar Datta observed that there should be strict...

Supreme Court Monthly Round-Up: March 2024

Here's a comprehensive overview of the Supreme Court of India proceedings during March 2024. This monthly digest aims to inform you about the latest judgments, orders, and Public Interest Litigations (PILs) filed in the Supreme Court during the month of March and also the updates of the Constitution bench hearing on the taxation matter of mineral-bearing lands, providing...

Supreme Court Criticises Gujarat HC Bench For Releasing Case Without Judgment 10 Months After Reserving Verdict

The Supreme Court has voiced its criticism in a matter where the Gujarat High Court reserved a judgment for ten months and ultimately released it because it was not pronounced within a reasonable time. "We hope earnestly that this does not reflect the trend in High Courts in other parts of the country as well", the Supreme Court observed in the order after terming the situation...

S.138 NI Act | Supreme Court Refuses To Interfere With Concurrent Findings That Cheque Wasn't Issued Towards Legally Enforceable Debt, Upholds Acquittal

Recently, the Supreme Court upheld the acquittal of an accused in a 16-year-old cheque dishonor case since the complainant failed to prove that there exists a legally enforceable debt against the accused.“On the question as to whether the sum involved in the cheques was advanced in discharge of a legally enforceable debt or not, the petitioner has failed to show if any sum was advanced...

'5 Year Duration For LL.B Course Unreasonable' : Plea In Supreme Court For 3-Year Law Degree Course After 12th Standard

A Public Interest Litigation (PIL) petition filed in the Supreme Court seeks directions to have a 3-year law degree course after school. Presently, the LL.B course which the students can join after their 12th standard has a duration of 5 years. Three-year law degree course is available only for graduates.Contending that the 5-year duration for the LL.B course is "unreasonable and irrational",...

Supreme Court Seeks Explanation From 2 NCDRC Members For Issuing Non-Bailable Warrants Ignoring SC's Interim Protection

The Supreme Court has issued notice to two members of the National Consumer Disputes Redressal Commission (NCDRC) seeking explanation from them for issuing non-bailable warrants against the directors of a company, ignoring a previous interim order of the Supreme Court.The Court noted that on March 1, it had passed an interim order directing that no coercive steps should be taken against...

Is Sanction Needed To Order Investigation Against Public Servant Under S.156(3) CrPC? Supreme Court Seeks Early Decision In Pending Reference

A two-judge bench of the Supreme Court has called for an early adjudication of the issue whether prior sanction is mandatory for a Magistrate to forward a complaint against a public servant for investigation as per Section 156(3) CrPC. This issue was referred to a larger bench in 2018 in the case Manju Surana v. Sunil Arora. In the present matter, a bench comprising Justices CT Ravikumar...

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

Consumer Law A pedantic and hyper-technical approach would cause damage to the very concept of consumerism. (Para 23) Alpha G184 Owners Association v. Magnum International Trading Company Pvt. Ltd., 2023 LiveLaw (SC) 442 : AIR 2023 SC 2527 Amend Consumer Protection Rules on appointment process of commission members within 3 months : Supreme Court to Centre, States. In Re: Inaction...

West Bengal Governor Agrees Before Supreme Court To Appoint 6 University VCs Recommended By State Government

The West Bengal Governor has agreed to fill up six vacancies of Vice Chancellors by appointing candidates out of the list recommended by the West Bengal Government. Attorney General for India R Venkataramani informed the Supreme Court about the decision of the Governor (Chancellor of the Universities) on Tuesday (April 16).Taking note of the AG's statement, the bench comprising Justices...