Supreme court
Supreme Court Refuses To Entertain Plea Seeking Cooling-Off Period For Public Servants Before Contesting Elections
The Supreme Court today dismissed as withdrawn a plea seeking imposition of a cooling off period on public servants to prevent them from contesting elections on political party tickets immediately after discontinuation of their service.The Bench of Justices Surya Kant and Sandeep Mehta however permitted the petitioner - a former Parliamentarian - to approach the appropriate authorities with...
Supreme Court Transfers To Itself Petitions Pending In High Courts Challenging GST On Online Gaming
The Supreme Court on Friday (April 5) transferred to itself the petitions pending in the High Courts challenging the imposition of 28% Goods and Services Tax (GST) on online gaming companies.A bench comprising Chief Justice of India DY Chandrachud, Justice JB Pardiwala and Manoj Misra ordered the transfer of 27 writ petitions pending in eleven High Courts and tagged them with the petition...
High Courts Should Not Ordinarily Interfere With Scrutiny Committee's Findings On Caste Claims Unless Findings Are Perverse : Supreme Court
The Supreme Court today (on April 04), in a crucial judgment pronounced by it, opined that in cases where the scrutiny committee has decided the validation of the caste claim, the Courts should refrain from interfering unless the committee's decision suffers from any perversity. “It is well settled that High Courts as well as Supreme Court should refrain themselves from deeper probe...
Are Civil Courts' Decrees Binding On Criminal Courts? Supreme Court Explains
Recently, the Supreme Court observed that though the outcome of the proceedings initiated under civil law would not have any binding effect on the outcome of the proceedings initiated under criminal law, however, the outcome of the civil proceedings would be binding on the criminal proceedings only to the extent of holding the sentences or damages arising out of criminal proceedings...
MBBS Internship : Supreme Court Directs NMC To Submit Details Of Stipend Paid To Interns By Medical Colleges In All States
In a pivotal matter regarding the payment of stipends for doctors undergoing their MBBS internships, the Supreme Court (April 01) issued a clear directive to the National Medical Commission (NMC) to submit details regarding the stipend status of medical colleges across all States. The Court noted that the NMC has not given the details of the entire medical colleges in all States and hence,...
'It Appears Union Wants To Fix Its Own Period Of Limitation' : Supreme Court Rejects Govt's Time-Barred Challenge In 43-Year-Old Suit
Expressing displeasure with the approach adopted by the Union of India for seeking condonation of more than 12 years of delay in filing the restoration suit, the Supreme Court on Wednesday (April 3) refused to condone the delay stating that it would be a mockery of justice if the delay gets condoned, as it would result in pushing the decree-holder to undergo the lengthy litigation...
'Elections By Ballot Paper The Rule' : Lawyer Seeks To Intervene In Supreme Court Plea On EVM-VVPAT
Suggesting that voting in the upcoming Lok Sabha elections should be conducted through ballot papers, Advocate Mehmood Pracha has approached the Supreme Court and prayed that he be permitted to intervene in the matter pending before the Court regarding Electronic Voting Machines (EVM) and Voter Verified Paper Audit Trail (VVPAT) verification. rein.Pracha states in the application that he...
Supreme Court Upholds Amravati MP Navneet Rana's Scheduled Caste Certificate, Sets Aside Bombay HC Judgment
In a major relief to Amravati MP Navneet Kaur Rana, who won 2019 Lok Sabha elections from a constituency reserved for Scheduled Castes, the Supreme Court on Thursday (April 4) reversed the judgment of the Bombay High Court which set aside her Scheduled Caste certificate.While pronouncing the verdict, the Bench of Justices JK Maheshwari and Sanjay Karol said that the Scrutiny Committee...
MV Act | Supreme Court To Hear Plea Challenging 6 Months Limitation To File Motor Accident Compensation Claims
The Supreme Court (on April 01) issued a notice in a writ petition challenging the constitutional validity of Section 166 (3), which was added through the Motor Vehicles (Amendment) Act, 2019. As per this provision, a claim for compensation on account of a motor vehicle accident must be filed before the Motor Accidents Claims Tribunal within six months from the date of...
Supreme Court Imposes Rs 5 Lakh Fine On Himachal Pradesh Housing For Securing Contract For Pvt Company By Deceiving High Court
The Supreme Court imposed a fine of Rs 5 lakhs on the Himachal Pradesh Housing and Urban Development Authority (HIMUDA) for colluding with a private company to secure a tender by deceiving the High Court for building a commercial complex in Shimla. Reversing the High Court's decision, the Bench Comprising Justices Bela M Trivedi and Pankaj Mithal observed that HIMUDA deceived the High Court...
Accused Not Obligated To Lead Evidence Of His Innocence Unless Specified By Law: Supreme Court
The Supreme Court, while acquitting a person accused of the offence of rape, observed that the accused does not have to lead evidence to prove his innocence unless the law specifically puts the burden of proof on him. The Court also acknowledged that the accused may have some burden to discharge under Section 114A (Presumption As To Absence Of Consent In Certain Prosecution For Rape)of...
Limitation Act | Time Spent Contesting Bonafide Litigation At Wrong Forum Would Be Excluded While Computing Limitation : Supreme Court
The Supreme Court held that the time consumed in contesting bonafide litigation by the litigant at a wrong forum (believing it to be appropriate) would be excluded while computing the period of limitation under Section 14(2) of the Limitation Act. Reversing the findings of the High Court, the Bench Comprising Justices Sanjay Karol and Aravind Kumar observed that Section 14(2) of the...