Supreme court
'Stringent Yardsticks In Law Enforcement Agencies' : Supreme Court Terminates CRPF Constable's Appointment For Suppressing Criminal Case
The Supreme Court today (July 23), while setting aside Gauhati High Court's order reinstating a Constable (GD) in the CRPF whose termination was ordered for withholding any material information, reiterated that the benchmark for appointment in the Law Enforcement Agency should be stringent than in routine vacancies. Under the scanner was the appointment of the present respondent to the post of a Constable (GD) in the CRPF. He was asked to fill out the verification roll, asking the...
Promotion Effective From Date Of Grant, Not When Vacancy Is Created: Supreme Court
While dealing with an appeal filed by the Bihar State Electricity Board against an employee who sought retrospective promotion, the Supreme Court recently reiterated that a promotion shall be effective from the date on which it is granted and not from the date when a vacancy occurs on the subject post or when the post itself is created. "No doubt, a right to be considered for promotion has been treated by courts not just as a statutory right but as a fundamental right, at the same time,...
Every Criminal Court In Bihar Has Huge Pendency: Supreme Court Surprised At Patna HC Order Setting Time Limit To Complete Trial
The Supreme Court on Monday (July 22) was "surprised" at an order of the Patna High Court directing the trial court in a criminal case to complete trial within a year, without considering the huge pendency of cases in trial courts.“On 28th February, 2024 while rejecting the bail application, the High Court directed that the trial shall be concluded within a period of one year. We are surprised to note that notwithstanding the decision of the Constitution Bench in the case of High Court Bar...
Customs Act | Owner Of Goods Liable To Pay Customs Duty Even After Confiscated Goods Are Redeemed Paying Fine : Supreme Court
In a notable ruling relating to the Customs Act of 1962, the Supreme Court on Tuesday (July 23) held that the importer would be liable to pay customs duty in addition to fines and other charges upon redeeming the confiscated goods.The Court considered the following questions :i) Whether there is a liability to pay customs duty when the confiscated goods are redeemed after payment of fine...
Time-Barred Civil Contempt Petitions Can't Be Entertained Mechanically Accepting Bogey Of 'Continuing Wrong': Supreme Court
The Supreme Court bench of Justices Sanjiv Khanna and Dipankar Datta has interpreted Section 20 of the Contempt of Courts Act, 1971, and held that the action for contempt should be brought within a year, and not beyond, from the date on which the contempt is alleged to have been committed. In this case, the first respondent filed a contempt petition in 2014 against the non-compliance of the High Court order issued in 2009. The respondent argued that the contempt petition is not time-barred...
NEET UG 2024 | Over 4 Lakh Students To Lose 5 Marks As Supreme Court Asks NTA To Revise Results Based On IIT Delhi Report
While refusing to cancel the NEET-UG 2024 exam for paper leak, the Supreme Court today (July 23) directed the National Testing Agency (NTA) to revise the results by treating the option identified by an expert team constituted by the IIT-Delhi as the correct answer to an ambiguous question.The NTA had treated two options as the correct answers to this question. Now, the Court has asked the agency to treat only the option approved by the IIT-Delhi team as the correct option. This would mean that...
Supreme Court Sets Aside NGT Orders Allowing Construction Of Tiracol Bridge In Goa's Querim Beach
The Supreme Court on Tuesday (July 23) set aside the National Green Tribunal's (NGT) orders dated January 22, 2020, and January 17, 2022, which had allowed the construction of the Tiracol bridge on Querim beach in Goa.The NGT had previously permitted the construction of the bridge, citing its public utility and the assertion that it could be built without causing environmental damage, based on a report dated February 8, 2016, by the National Institute of Ocean Technology (NIOT), Chennai. A bench...
Supreme Court Refuses To Cancel NEET-UG 2024, Says There's No Material To Show Systemic Breach
The Supreme Court on Tuesday (July 23) refused to cancel the NEET-UG 2024 exam on the ground of paper leak and malpractices. The Court stated that there was no material to indicate that the leak was systemic affecting the sanctity of the entire exam.The Court also stated that ordering a re-examination will lead to serious consequences affecting over 23 lakh students and will lead to disruption of the academic schedule, causing a cascading effect in the coming years.While acknowledging that there...
Supreme Court Delivers Split Verdict On Challenge To Approval For Genetically Modified Mustard Cultivation
In a crucial development, the Supreme Court today (July 23) delivered a split verdict on petitions challenging the approval given by the Union Government to release genetically modified mustard.While Justice BV Nagarathna quashed the approval given by the Genetic Engineering Appraisal Committee and the Ministry of Environment and Forests, Justice Sanjay Karol upheld the same.In view of the difference of opinion, the bench directed the registry to place the matter before the Chief Justice of...
Bail Order Shouldn't Be Normally Stayed During Pendency Of Application To Cancel Bail : Supreme Court
In an important judgment, the Supreme Court on Tuesday (July 23) held that bail orders should not be normally stayed. Setting aside an order of the Delhi High Court which stayed the bail granted in a money laundering case, the Court stated that bail orders can be stayed only in exceptional circumstances.The Court's conclusions are :a. In an application made under Section 439(2) of the CrPC or Section 483(3) of the BNSS or other proceedings filed seeking cancellation of bail, the power to...
S. 307 IPC | Sentencing Court Not Imposing Life Imprisonment On Convict Cannot Impose Sentence Beyond 10 Years: Supreme Court
The Supreme Court held that when the sentencing court doesn't deem fit to impose a life sentence for committing an offence of attempt to murder, then the maximum sentence that can be imposed on the convict for committing an offence of attempt to murder could not extend beyond the period of 10 years. “When the court concerned upon convicting the accused concerned thought it fit not to...
Motor Accident Claims Tribunal Has Discretion To Release Compensation Amount In Full Or In Part : Supreme Court
The Supreme Court of India clarified that the Motor Accidents Claims Tribunal (MACT) has the discretion to release compensation all at once or in parts.“it is for the Tribunal in a given case to make a decision as to whether the entire amount has to be released or if it is to be released in part. Suffice it is to state that the Tribunal is expected to give its own reasoning while...