Maintainability Of Second Protest Petition Depends On How First Complaint Against Negative Final Report Was Dismissed : Supreme Court

The Supreme Court yesterday held that there's no bar on the maintainability of the second complaint against the negative Final Report/Charge Sheet if the magistrate believes that the core of both complaints is different.The Court in Samta Naidu & Anr. v. State of Madhya Pradesh & Anr. settled a position of law that if the earlier disposal of the complaint was on merits, the...

S. 197 CrPC Applies To PMLA : Supreme Court Holds Prior Sanction Mandatory To Prosecute Public Servants For Money Laundering Offence

The Supreme Court held today that section 197(1) of CrPC, which provides that prior sanction from the government is required to prosecute public servants and judges for offences alleged while discharge of public duties, will apply to cases under the Prevention of Money Laundering Act.A bench of Justice Abhay Oka and Justice Augustine George Masih dismissed an appeal by the Directorate...

Holder Of LMV Driving License Doesn't Need Separate Authorisation To Drive Transport Vehicle Weighing Less Than 7500 KG : Supreme Court

The Supreme Court today (November 6) held that a person holding a driving license for a light motor vehicle(LMV) can, without any specific endorsement, drive a transport vehicle having an unladen weight of less than 7500 kg.If the gross weight of the vehicle is within 7500 kg, the driver with an LMV license can drive such a transport vehicle. The 5-judge Constitution Bench noted that no...

Supreme Court Monthly Round-Up: October 2024

IndexCitationK. Vadivel v. K. Shanthi & Ors. 2024 LiveLaw (SC) 757Sub Inspector Sanjay Kumar v. State of Uttar Pradesh & Ors., C.A. No. 010894 / 2024 2024 LiveLaw (SC) 758State of West Bengal v. Jashimuddin Mondal and Ors., SLP(C) No. 9628/2024 2024 LiveLaw (SC) 759Atul Kumar v. Chairman (Joint Seat Allocation Authority) and Ors| Writ Petition (Civil) No. 609/2024 2024 LiveLaw...

'IBC Prevails Over SEZ Act', Supreme Court Rejects Noida SEZ's Claim

The Supreme Court dismissed the Noida Special Economic Zone's (NSEZ) plea challenging the NCLAT's decision to approve a resolution plan that granted Rs. 50 Lacs against NSEZ's admitted claim of about Rs. 6 Crore.The NCLAT reduced the claim amount, partly due to penalties related to the renewal of the sub-lease and transfer charges.The bench comprising Justices Abhay S. Oka and Augustine...

Supreme Court Directs NMC To Issue Fresh Guidelines To Admit Persons With Disabilities Into Medical Courses

In a significant stride towards social recognition of the Rights of Persons with Disabilities (PwDs), the Supreme Court recently stressed the need to give opportunities to PwDs in the medical sector and devise qualitative standards for testing disabilities in the procedure for medical course admissions. The bench led by CJI DY Chandrachud comprising Justices JB Pardiwala and Manoj Misra in...

Why All Private Properties Cannot Be Distributed For Common Good As Material Resources Of Community? Supreme Court Explains

The Supreme Court, by 7:2 majority, has overruled the judgment in Sanjeev Coke which held that all private properties can be distributed by the State as "material resources of the community" for the common good as per Article 39(b) of the Constitution.The majority judgment authored by CJI DY Chandrachud listed out the following reasons.a. The interpretation is inconsistent with the text...

Supreme Court Overrules Views Of Justices Krishna Iyer & Chinnappa Reddy On Private Property, Says Constitution Allows Economic Democracy

The Supreme Court, by 7:2 majority, has held as erroneous its previous views that all private properties can be regarded as "material resources of community" which the State is obliged to distribute for common good as per Article 39(b) of the Constitution.The majority judgment authored by Chief Justice of India DY Chandrachud held that the views expressed by Justice VR Krishna Iyer (in State...

High Court Judges Can't Be Discriminated Based On Source Of Appointment, All Entitled To Same Service Benefits: Supreme Court

Once appointed to the High Court, all judges constitute a homogenous class of constitutional officeholders, the Supreme Court held.

'Harsh, Unwarranted' : Justices Nagarathna & Dhulia Object To CJI Chandrachud's Remarks On Justice Krishna Iyer Doctrine

In their judgments in the case relating to Article 39(b), Justices BV Nagarathna and Sudhanshu Dhulia expressed strong objections to the remarks made by Chief Justice of India DY Chandrachud against the Justice Krishna Iyer doctrine.While Justice Nagarathna described CJI Chandrachud's comments on Justice Krishna Iyer as "unwarranted and unjustified", Justice Dhulia said that the criticism...

Statute Cannot Be Struck Down On Ground Of Violation Of Basic Structure Of Constitution : Supreme Court

The Constitutional validity of a statute cannot be challenged on the sole ground that it violated the Basic Structure of the Constitution, held the Supreme Court in the case concerning the Uttar Pradesh Board of Madarsa Education Act, 2004.The Supreme Court expressed disapproval of the Allahabad High Court striking down the statute on the ground that it violated the Basic Structure feature...

Supreme Court Upholds Validity Of UP Madarsa Education Act Except Its Provisions Regulating Higher Education Degrees

The Supreme Court today (November 5) upheld the constitutional validity of the 'Uttar Pradesh Board of Madarsa Education Act 2004' and set aside the Allahabad High Court's judgement which had struck it down earlier.The High Court erred in striking down the Act on the ground that it violated the basic structure principle of secularism, the Supreme Court held. A statute can be struck down only...