Supreme court
Supreme Court Asks Petitioners Challenging Hindu Religious Endowments Acts Of TN, AP & Telangana To Approach HCs
The Supreme Court recently(April 1) disposed of petitions challenging the validity of the laws relating to Hindu Religious and Charitable Endowments of the States of Tamil Nadu, Andhra Pradesh and Telangana by asking the petitioners to approach the respective High Courts.A bench comprising Justice BV Nagarathna and Justice Satish Chandra Sharma observed that the High Courts would be in a better position to understand the dimensions of the State laws."We find that a more effective manner of...
PC Act | Preliminary Enquiry Can Be Dispensed With If FIR Is Based On Detailed Source Report Submitted To SP : Supreme Court
The Supreme Court reiterated that a preliminary inquiry is not a mandatory prerequisite under the Prevention of Corruption Act, 1988 (“PC Act”) for initiating a corruption case against a public servant. It added that a case against the public servant cannot be quashed solely on the ground that no preliminary inquiry had been conducted before the registration of the FIR. “To sum up, this Court has held that in matters of corruption a preliminary enquiry although desirable, but is not mandatory....
Prosecution Must Disprove Accused's Plea Of Alibi Before Convicting Based On 'Last Seen' Theory : Supreme Court
The Supreme Court held that the mere fact that the husband and wife were last seen together in their shared home does not, by itself, justify convicting the husband for the alleged murder if he raises a plea of alibi and the prosecution fails to effectively disprove it. Holding thus, the bench of Justices Sudhanshu Dhulia and K. Vinod Chandran set aside the husband's conviction for his wife's alleged murder, observing that the High Court wrongly placed the burden on the accused to prove his...
Insurer Can 'Pay & Recover' If Driver Of Vehicle Meant To Carry Hazardous Substance Didn't Have Endorsement U/R 9 CMV Rules : Supreme Court
The Supreme Court on Tuesday (April 8) ruled that an endorsement under Rule 9 of Central Motor Vehicles Rules, 1989 is mandatory in the driving license for driving a vehicle carrying any dangerous or hazardous goods. Rule 9 mandates specialized training (including defensive driving, emergency handling, and product safety) and an endorsement for drivers of vehicles carrying hazardous goods. The Court emphasized that this training is integral to safe operation, rejecting arguments that the...
S.28 Contract Act Doesn't Bar Exclusive Jurisdiction Clauses In Contracts : Supreme Court
The Supreme Court held that exclusive jurisdiction clauses in employment contracts, which confers exclusive jurisdiction on the courts of a particular location to decides disputes relating to the contract, are not barred by Section 28 of the Contract Act.Section 28 of the Indian Contract Act, 1872, declares void any agreement that restricts a party from enforcing their rights under a contract through legal proceedings, or limits the time within which they can do so, except in cases of...
Governor Can't Reserve Bill For President's Assent After It Was Re-Enacted By Assembly : Supreme Court
In an important judgment interpreting Article 200 of the Constitution, the Supreme Court has held that a Governor cannot reserve a Bill for the assent of the President once it has been re-enacted by the State Legislative Assembly after the Governor had withheld his assent in the first instance.The Court held that if the Governor has to reserve a Bill for the President's assent, then it must be done at the first instance itself. If a Governor decides to withhold assent for the Bill,...
MBBS Admission: Supreme Court Asks AIIMS Medical Board To Assess Disability Of Candidate Who Performed 'Exceedingly Well' In NEET
The Supreme Court recently directed the AII India Institute of Medical Science (AIIMS) to constitute a medical board comprising of five doctors including a specialist in locomotor disabilities and a neuro-physician for the assessment of an MBBS aspirant's disability in terms of the Court's judgment in Om Rathod v. Director General of Health Sciences (2024) and Anmol v. Union of India &...
Supreme Court Flags Misuse Of Rape Laws After Break-Ups, Quashes Case Against Ex-Judge Over Alleged Marriage Promise
Reiterating that a breach of promise to marry does not constitute rape unless it is proven that consent was obtained through fraud from the outset, the Supreme Court quashed a rape case against a former judicial officer accused of raping a woman under the false promise of marriage. The bench comprising Justices BV Nagarathna and Satish Chandra Sharma noted that the complainant was a mature...
After Split Verdict, Supreme Court Rejects Rajasthan Civil Judge Candidates' Plea To Submit Caste Certificates Beyond Cut-Off Date
After a split verdict in the matter, a three-judge bench of the Supreme Court today dismissed appeals filed by certain candidates to the post of Civil Judge, who were denied appointment by Rajasthan High Court on the ground that they submitted category certificates beyond the cut-off date.A bench of Justices Abhay S Oka, Ahsanuddin Amanullah and AG Masih delivered the decision, upholding...
WB SSC Scam | Supreme Court Sets Aside Calcutta HC Direction For CBI Investigation Into Govt Decision For Supernumerary Posts
The Supreme Court today (April 8) set aside the Calcutta High Court's direction for CBI investigation into the supernumerary posts created by the West Bengal Government during the pending challenge to the 2016 WB SSC Appointments in the High Court. Notably, the Apex Court on April 3 had upheld the decision of the Calcutta High Court, which invalidated nearly 25000 teaching and non-teaching...
"Pocket Veto Impermissible" : Supreme Court Lays Down Timelines For Governor's Actions On Bills Under Article 200
In a significant judgment, the Supreme Court on Tuesday (April 8) set time limits for the decisions by the Governors under Article 200 of the Constitution on the bills sent to them by the State Legislative Assemblies.The Court made it clear that the Constitution does not permit the Governor to exercise "absolute veto" or "pocket veto" by not taking any action on the bills...