Supreme court
Supreme Court Quashes NGT Order To Shut Down Garbage Plant In Pune; Directs PMC To Address Foul Odour Concerns
The Supreme Court today (September 12) quashed the National Green Tribunal's order to shut down a Garbage Processing Plant (GPP) in Baner, Pune observing that shutting it down will be detrimental to public interest.“we find that the closure of the GPP in question rather than subserving the public interest, would be detrimental to public interest. If the GPP in question is closed, the...
Alleged Involvement In Crime No Ground To Demolish Legally Constructed Property, Such Demolitions Against Rule Of Law: Supreme Court
The Supreme Court today observed that alleged involvement in a crime is no ground for demolishing a legally constructed property, and the Court cannot ignore such demolition threats in a nation governed by the rule of law.“In a country where actions of the State are governed by the rule of law, the transgression by a family member cannot invite action against other members of the family...
Each Day's Delay Matters In Cases Of Personal Liberty;Representation Against Preventive Detention Must Be Decided Soon : Supreme Court
Today, the Supreme Court quashed the preventive detention of a person on account of a delay of 9 months by the jail authorities in communicating the representation of the detenu and also the non-supply of relevant materials. The Court has ordered his release from detention.In this case, the jail authorities had sent the representation of the detenu through ordinary post, which was...
'Choking Docket Of Court' : Supreme Court Imposes 1 Lakh Cost On Man For Repeated Litigations To Change Birth Date In Service Records
The Supreme Court recently imposed a cost of Rs.1 lakh on an engineer who initiated multiple cases before different forums seeking change in date of birth recorded in his service records. It was remarked that the petitioner had been "flogging a dead horse" and these type of cases choke the dockets of the court. "Such type of litigation is choking the dockets of the Court as the claim of...
Supreme Court Sets Aside HC Condition That Accused Who Got Bail Can Furnish Bail Bonds Only After Spending 6 Months In Custody
Reiterating that the pre-trial process itself shall not become punishment, the Supreme Court yesterday set aside a bail condition imposed by the Patna High Court to the effect that the bail bonds be furnished by the accused after completion of 6 months in custody from the date of the order. The condition in effect put on hold the implementation of the bail order for six months."We see no...
S.319 CrPC | Order To Summon Additional Accused Passed After Acquittal/Conviction Of Co-Accused Is Unsustainable: Supreme Court
The Supreme Court recently quashed an order under Section 319 of the CrPC summoning a man for a murder trial after the trial of the original accused persons had already concluded.Section 319 of the CrPC grants the trial court the power to summon any person, not being an accused, to face trial if it appears from the evidence collected during the trial that such a person is also involved in...
Witness Who Made Self-Incriminating Statements Can Be Summoned As Additional Accused Based On Other Materials: Supreme Court
The Supreme Court held that a witness who gives an incriminating statement cannot take a shield under proviso of Section 132 of the Evidence Act (“IEA”) to claim immunity from prosecution if there exists other substantial evidence or material against him proving his prima facie involvement in the crime.The Court stated : "We hold that the qualified privilege under the proviso to Section...
Improper To Discriminate Among Homogenous Group : Supreme Court
The Supreme Court observed that there cannot be a discrimination amongst the homogenous class of the candidates based on their date of admission who secured admission to the same course through the same process in the same academic session while determining their eligibility for getting an appointment to a particular position.The Rajasthan authorities, on 11.09.2017, issued an...
'Such Blanket Stay On Infrastructural Projects Inappropriate' : Supreme Court Vacates HC's Embargo On Gaggal Airport Expansion
The Supreme Court has vacated the Himachal Pradesh High Court's direction for status quo on the ongoing Gaggal (Kangra) Airport expansion project. In the order, passed on March 7 and uploaded on the Supreme Court's website yesterday, the bench led by Chief Justice of India DY Chandrachud criticised the High Court for imposing a blanket stay."The interim direction of the High Court dated...
Co-Owner Whose Share In Joint Property Remained Undetermined Cannot Transfer Entire Property : Supreme Court
The Supreme Court observed that a co-owner whose share in the joint property remained undetermined cannot transfer the entire suit property to another person without its partition being completed by metes and bounds. In other words, when there exist various co-owners in the property, then the subsequent purchaser of the suit property cannot acquire right, title and interest in the whole of...
Supreme Court Criticises P&H High Court & Punjab Govt For Not Reinstating Judicial Officer Whose Dismissal Was Set Aside By SC
The Supreme Court recently expressed disapproval of the refusal of the Punjab & Haryana High Court and the State of Punjab to reinstate a judicial officer whose dismissal from service was set aside by the Supreme Court in 2022.In 2022, the Supreme Court had set aside the order passed by the Punjab Government in 2009 (based on a recommendation of the Full Court of the P&H HC)...
'National Medical Commission Expected To Act Fairly' : Supreme Court Imposes Rs.10 Lakh Cost On NMC For Challenge To Medical College's Approval
The Supreme Court recently deprecated the National Medical Commission (NMC) for raising a frivolous challenge to the grant of approval for the expansion of a medical college. Reminding that the NMC should act reasonably and fairly, being an organ of the State, the Court imposed a cost of Rs.10 lakhs on it."Prima facie, we find that the attitude of the NMC is not of a model litigant. The NMC is...