Supreme court
'Personal Law Or Statute Can't Override Welfare Of Child' : Supreme Court Grants Custody Of Girl To Aunt Rejecting Opposition Of Father
The Supreme Court, while granting custody of a minor child to the her aunt despite opposition from the father, held that the personal law or statute couldn't override the welfare of the child while deciding the custody of the child. “In view of our aforesaid discussions, we find that the welfare of the child lies with her custody with the appellants and respondent No. 10 (aunt). This...
Maharashtra Govt Moves Supreme Court Against Acquittal Of GN Saibaba & 5 Others In UAPA Case
Hours within GN Saibaba's acquittal, the State of Maharashtra on Tuesday (March 5) approached the Supreme Court challenging the recent decision by the Nagpur bench of the Bombay High Court.In a major relief to the former Delhi University professor and human rights activist, the high court today set aside his and five others' convictions under the Unlawful Activities (Prevention) Act in an...
Sandeshkhali Violence : West Bengal Govt Moves Supreme Court Against Calcutta HC Asking CBI To Probe Attack On ED Officials
The State of West Bengal on Tuesday (March 5) approached the Supreme Court, appealing against the Calcutta High Court's decision to transfer the probe into the attack against ED officials at Sandeshkhali to the Central Bureau of Investigation (CBI). This development comes within hours of the high court's order directing the transfer of the case and the custody of prime accused TMC leader...
Supreme Court Quashes Criminal Complaint Against Special Armed Force Officers
The Supreme Court dismissed a complaint under Section 200 Cr.P.C. against the officers of the Special Armed Forces (SAF) for alleged encroachment to the private property held by the complainant after finding that the complainant/respondent no.1 failed to provide the date on which alleged acts of encroachment and administering threats were made at the instance of the SAF...
Written Statement Must Have Para-Wise Reply To Plaint; Allegations Deemed To Be Admitted Unless Specifically Denied : Supreme Court
The Supreme Court on Monday (March 4) observed that the failure of the defendant to give para wise reply against the claim made by the plaintiff would make the allegations made in the plaint as admitted against the defendant.“Order VIII Rules 3 and 5 CPC clearly provides for specific admission and denial of the pleadings in the plaint. A general or evasive denial is not treated as...
No Case Under Karnataka Prevention Of Cow Slaughter Act When Meat Sample Was Collected By Unauthorised Officer : Supreme Court
The Supreme Court recently held that a case under the Karnataka Prevention of Cow Slaughter and Cattle Preservation Act, 1964, is not sustainable when the sample of meat was seized by an officer who was not authorised to do so.A bench comprising Justices Abhay S Oka and Ujjal Bhuyan upheld a judgment of the Karnataka High Court which quashed an FIR under the Karnataka Prevention of Cow...
Supreme Court Asks State Of UP To Inform Details Uploaded In NIC's E-Module On Prisoners' Data
Recently (on March 01), the Supreme Court directed the State of Uttar Pradesh to inform about the details uploaded on the e-module framed by the National Informatics Centre (NIC).Pertinently, in this e-module, each State was required to upload the necessary information including status of the convict, the number of years he has put in and such other details. Moreover, as per the...
Interest Rate Matter Of NBFC Policy, Loan Receiver Can't Object To Interest Rate After Repaying Amount : Supreme Court
The Supreme Court on Monday (March 4) held that once the person has availed the loan at the agreed rate of interest, then after paying out the loan amount along with the decided rate of interest, he can't claim back refund of the interest amount alleging that the higher rate of interest is charged by the Non-Banking Financial Company ("NBFCs") than fixed by the RBI.The Bench comprising...
Is Deemed Transfer Of Motor Insurance Policy On Sale Of Vehicle Applicable Only To Third Party Risks? Supreme Court Refers To Larger Bench
In a significant development, the Supreme Court referred the issue of deemed transfer of the insurance policy upon transfer of vehicle ownership under the Motor Vehicle Act, 1988 to the larger bench after finding an inconsistency amongst two of its previous judgments.The Supreme Court referred the aforesaid issue to a larger bench after witnessing an inconsistency amongst its earlier rulings...
Supreme Court Dismisses MP Tourism Development Corporation's Appeal Against NGT Order To Protect Bhopal Lake
While dismissing an appeal, the Supreme Court on Monday (March 4) expressed surprise at Madhya Pradesh State Tourism Development Corporation challenging an order of the National Green Tribunal (NGT) which was aimed at saving lakes in the State."By the impugned order, an effort is made by the National Green Tribunal to save various lakes in the State...We fail to understand how the...
Students Of Open Schools Recognized By CBSE & State Boards Eligible For NEET Exam : Supreme Court
The Supreme Court noted that all open schools recognized by the Central Board of Secondary Education (CBSE) and State Education Board shall now be recognized by the National Medical Council (NMC) for the purpose of National Eligibility-cum-Entrance Test (NEET). As a result, candidates who have passed 10+2 from open schools will be eligible to appear for such examination. It may be...
Rajya Sabha's Role Part Of Basic Structure, Rajya Sabha Elections Protected By Legislative Privileges Under Article 194 : Supreme Court
The constitution bench has clarified the 2006 Kuldip Nayar judgment where the court had rules that Rajya Sabha elections were not proceedings of the legislature within the meaning of Article 194 but a mere exercise of franchise.