Supreme court
DRI Officers Can Issue Show-Cause Notices Under Customs Act : Supreme Court Allows Review Against 'Canon India' Judgment
The Supreme Court today (November 7) held that the officers of the Directorate of Revenue Intelligence(DRI) have the power to exercise powers under the Customs Act, 1962 to issue show-cause notices and recover dutiesThe Court held that DRI officers are "proper officers" to issue show cause notices under Section 28 of the Customs Act, 1962."Subject to the observations made in the judgment,...
Supreme Court Orders Liquidation Of Jet Airways On Failure Of Resolution Plan
The Supreme Court invoked its extraordinary powers under Article 142 of the Constitution to order the liquidation of Jet Airways in view of the "peculiar and alarming" circumstance that the resolution plan has not been implemented for five years.The Court set aside the NCLAT Order which allowed the cash-strapped Jet Airways' ownership transfer to the Successful Resolution Applicant (SRA)...
Eligibility Criteria Can't Be Changed After Commencement Of Recruitment Process Unless Rules Permit So : Supreme Court
The Supreme Court Constitution Bench today (November 7) held that the "rules of the game" cannot be changed midway after the selection process for posts has begun unless the relevant rules expressly permit so.The bench of Chief Justice of India Dr DY Chandrachud, Justice Hrishikesh Roy, Justice PS Narasimha, Justice Pankaj Mithal, and Justice Manoj Misra had reserved its judgment on July...
Wealth Inequality Still Enormous; Views Of Krishna Iyer & Chinnappa Reddy Haven't Lost Relevance : Justice Sudhanshu Dhulia In Dissent
"It is only when we include privately owned resources, as a part of the “material resources of the community” that the purpose of Articles 38 and 39 is fully realised. It is only then that the socialist and democratic principles incorporated in our Constitution get their true meaning."
Doctor Following Accepted Medical Practices Not Liable For Complications That Arise Post-Surgery : Supreme Court
Recently, the Supreme Court held that a Doctor who follows the acceptable practice of the medical profession in the discharge of duties would not be liable for the patient's post-surgery complications. “In other words, simply for the reason that the patient has not responded favourably to the surgery or the treatment administered by a doctor or that the surgery has failed, the doctor...
S. 56 Electricity Act 2003 | 2 Year Limitation Period Not Applicable To Dues Incurred Before Enforcement Of 2003 Act : Supreme Court
The Supreme Court held that the liability arising out of the electricity bill dues which accrued before the enforcement of the Electricity Act, 2003 (“2003 Act”) would not be barred by the 2-year old limitation period prescribed under Section 56 of the 2003 Act.The Court held that once a liability is judicially crystallised and remains unchallenged, the person is bound by the principle...
When Can A Judgment Be Held Per Incurium? Supreme Court Explains
In the judgment relating to LMV driving license, the Supreme Court explained when can a judgment be held as per incurium.A 5-judge bench comprising Chief Justice of India DY Chandrachud, Justices Hrishikesh Roy, PS Narasimha, Pankaj Mithal and Manoj Misra was deciding a reference which doubted the 2017 Mukund Dewangan decision.While addressing the argument that the Mukud Dewangan decision was...
Press Release Of Govt Not 'Law' As Per Power Purchase Agreement : Supreme Court
The Supreme Court recently held that a press release issued by the Government of India about certain changes in the mega power policy did not constitute 'law' and 'change in law' in terms of a Power Purchase Agreement."The press release of 01.10.2009 certainly does not fulfil the meaning of the word “order” as understood in legal parlance," the Court observed."In our considered opinion,...
Sessions Courts Must Order Victim Compensation In Cases Of Sexual Offences Against Minors And Women: Supreme Court
The Supreme Court recently mandated that, in cases involving bodily harm, especially in sexual assault cases involving minors or women, Sessions Courts should order victim compensation under Section 357-A of the CrPC(396 of the Bharatiya Nagarik Suraksha Sanhita, 2023).The Court observed that the lack of a compensation order by the Sessions Court delays benefits to victims. This direction must...
No Data Produced To Show Road Accidents Increase Due To LMV License Holders Driving Light Transport Vehicles : Supreme Court
In the judgment allowing holders of driving licenses for Light Motor Vehicles (LMV) to drive transport vehicles belonging to LMV category(which weigh less than 7500 kilograms), the Supreme Court observed that no data was produced before it to show that road accidents increased due to such drivings.A 5-judge bench comprising Chief Justice of India DY Chandrachud, Justices Hrishikesh Roy,...
Supreme Court Lays Down Steps To Be Followed By Authorities Before Clearing Encroachments For Road-Widening
The Supreme Court today (November 6) while expressing discontent over the 'high-handed' approach of the Uttar Pradesh Government in illegally demolishing houses, laid down measures to be followed by state authorities for clearing areas in road widening projects. The bench comprising Chief Justice of India DY Chandrachud, Justice JB Pardiwala and Manoj Misra was hearing a suo motu writ...
