Supreme court
Supreme Court Holds Hospital Liable For Handing Over Dead Body To Wrong Family, Allows Rs 25 Lakh Compensation
The Supreme Court recently held that there was deficiency in service on the part of a Hospital in Ernakulam, Kerala, that handed over the body of a deceased patient to the wrong family who cremated the body.A bench of Justice Hima Kohli and Justice Sandeep Mehta while disposing of cross-appeals by the complainants as well as the hospital, restored a compensation award of Rs. 25 lakhs to the complainants, whose father's body was handed over to another family.The bench disapproved of the National...
Juvenile Cannot Be Denied Bail Without Recording Finding That Proviso To S. 12(1) Juvenile Justice Act Is Applicable: Supreme Court
The Supreme Court on Wednesday (August 14) granted bail to a juvenile who had been in custody for over a year, noting that the Juvenile Justice Board (JJB), trial court, and the Rajasthan High Court failed to record a specific finding that the proviso to section 12(1) Juvenile Justice Act is applicable to the case.Section 12(1) of the JJ Act mandates that a juvenile in conflict with the law should be released on bail, with or without surety. As per the proviso to this section, such a person...
S. 138 NI Act |Once Execution Of Cheque Is Admitted, Dispute Regarding Interest Rate Of Loan No Defence: Supreme Court
The Supreme Court held that once a person admits the handing over of a signed cheque with an amount written on it, then he cannot raise disputes regarding the interest rate as a defence in a prosecution for the offence of the dishonour of cheque under Section 138 of the Negotiable Instruments Act, 1881.In this case, the respondent had executed a cheque for a sum of Rs.19 Lakhs in favour of a...
'Composition Of SIT A Mere Eye-Wash' : Supreme Court Forms Fresh SIT To Probe Alleged Abduction Of OBC Man By Madhya Pradesh Minister
The Supreme Court on August 6 has ordered a fresh composition of Special Investigation Team (SIT) to probe the whereabouts of a OBC person alleged to have been abducted and kept in illegal detention by Madhya Pradesh Minister and BJP MLA Govind Singh Rajput and his aides over a land dispute. A bench of Justices Surya Kant and Ujjal Bhuyan found that the earlier SIT constituted by the...
'Delay Due To Confusion Created By HC Registry' : Supreme Court Affirms Permission Given To File Written Statement After 17 Years
The Supreme Court recently refused to interfere with the decision of the Calcutta High Court to allow a defendant in a civil suit to file a written statement after a delay of 17 years.The Court noted that the delay was a "direct result of the confusion created by the Registry of the High Court", as the case status on the official website erroneously showed in the year 2000 that the suit had...
Foreign Judgment Violative Of Indian Law Not Binding On Indian Courts : Supreme Court
The Supreme Court in a recent order has held that a foreign judgment that goes against Indian law is not conclusive between parties involved and not binding on the Indian Courts. The bench of Justices Surya Kant and Ujjal Bhuyan was hearing a challenge against the order of the Gujarat High Court which dismissed the petitioner's writ of Habeas Corpus seeking repatriation of the minor daughter...
No Assertion In ED Complaint That Scheduled Offences Generated Proceeds Of Crime : Supreme Court Grants Bail In PMLA Case
The Supreme Court recently granted bail in a case under the Prevention of Money Laundering Act (PMLA) after noting that the prosecution complaint did not have any assertion that the scheduled offence generated proceeds of crime directly or indirectly..“Prima facie, there must be factual assertions in the complaints to show that the offences which are named as scheduled offences on the basis...
NEET-SS : Supreme Court Dismisses Plea To Hold NEET-SS 2024 This Year, Asks NMC To Announce Exam Schedule In 30 Days
The Supreme Court on Wednesday (August 14) dismissed a petition challenging the decision of the National Medical Commission(NMC) to not hold the NEET- Super Speciality Exam (NEET-SS) 2024 this year.The petition was filed by thirteen doctors under Article 32 of the Constitution.The bench of CJI DY Chandrachud,Justices JB Pardiwala and Manoj Misra observed that the data given by the...
Railway Accident| Claimants Entitled To Benefit Of Higher Compensation Prescribed After Date Of Incident: Supreme Court
The Supreme Court reiterated that in railway accident compensation claimants, if the compensation claimed is less than the compensation prescribed as on the date of the decision, then they are entitled to the higher amount.The claimants claimed Rs. 4 Lakhs compensation as applicable on the date of the incident (of the year 2003) as per Schedule I of the Railway Accidents (Compensation)...
States Can Recover Past Tax Dues On Mineral Rights, But Not For Period Before April 1, 2005 : Supreme Court
The Supreme Court on Wednesday (August 14) rejected the argument that its judgment delivered on July 25 upholding the powers of the States to tax mineral rights and mineral-bearing lands should be given only a prospective effect from the date of the judgment.This means that the Court has allowed the States to recover the tax dues for the past period based on the judgment in Mineral...