75-Year-Old Republic Must Not Be So Shaky That Poetry Or Comedy Is Alleged To Be Creating Animosity: Supreme Court

In a strong condemnation of the growing misuse of criminal law against artistic expressions and dissenting ideas, the Supreme Court ruled today that constitutional protection of free speech is not contingent on the popular acceptance of the views expressed.While quashing an FIR registered by the Gujarat Police against Congress Rajya Sabha MP Imran Pratapgadhi over a poem shared on social media, the Court lamented that even after 75 years of independence, our police machinery is not aware of the...

Supreme Court Directs Payment Of Rs 30 Lakhs Compensation Within 4 Weeks For Manual Sewer Cleaners' Deaths In Metros In Last 3 Months

Following its previous order summoning officials from major cities (Delhi, Kolkata, Hyderabad and Bengaluru) over unsatisfactory affidavits on banning manual scavenging and manual sewer cleaning, the Supreme Court yesterday noted that the new affidavits were cleverly worded to create a false impression of compliance. It warned that failure to file proper affidavits in the next hearing would lead to suo-moto contempt proceedings.A bench of Justices Sudhanshu Dhulia and Aravind Kumar has been...

For 'Promoting Enmity' Offence, Words Must Not Be Judged On Standards Of Insecure People Or Those Seeing Criticism As Threat : Supreme Court

The Supreme Court on Friday (March 28) held that for an offence under section 196 (promoting enmity between groups) of Bharatiya Nyaya Sanhita alleged on the basis of written or spoken words, the standard to judge effect of the words should be that of a reasonable, firm, individual rather than an insecure person.“When an offence under section 196 of BNS is alleged, the effect of spoken or written words will have to be considered based on standards of reasonable, strong-minded, firm and...

'Judges Must Protect Freedom Of Speech Even If They Don't Like What Was Said' : Supreme Court Quashes Gujarat FIR Against Congress MP Over Poem

"Even if a large number of persons dislike the views expressed by another, the right of person to express the views must be respected and protected."

Senior Citizens Act Doesn't Mandate Eviction Of Children From Parents' Home In Every Case : Supreme Court Rejects Mother's Plea To Evict Son

The Court observed that it was not necessary and mandatory to pass an eviction order in every case under the Senior Act.

Can GST Act Timelines Be Relaxed For Bonafide Errors? Supreme Court Appoints Amicus Curiae, Issues Notice To CBIC

The Supreme Court recently issued notice to the Central Board of Indirect Taxes and Customs (CBIC) over the recurrent issue of not allowing rectification of bonafide errors made after the lapse of prescribed deadlines under the CGST Act. The bench of CJI Sanjiv Khanna and Justices Sanjay Kumar and KV Viswanathan was hearing a challenge by the Union against the decision of the Bombay High...

'Timelines To Rectify Bonafide GST Form Errors Must Be Realistic' : Supreme Court Asks CBIC To Re-examine Provisions

The Supreme Court recently underscored the need for the Central Board of Indirect Taxes and Customs to fix realistic timelines for correcting bonafide errors by the assesses in forms when filing GST returns. The bench of CJI Sanjiv Khanna and Justice Sanjay Kumar was hearing a challenge to the Bombay High Court order which allowed an assesee to rectify its form GSTR-1 after missing the...

IBC | Supreme Court Accepts Apology Of Tax Authorities For Asking Successful Resolution Applicant To Pay Dues Not Covered By Approved Plan

Giving the benefit of doubt and accepting their unconditional apology, the Supreme Court today disposed of a contempt petition filed against Chhattisgarh tax authorities for raising demand notices against a successful resolution applicant over claims in respect of a period prior to the approval of the resolution plan."we have no hesitation in holding that the demands raised by...

Homebuyer Cannot Be Forced To Accept Possession Of Flat After Long Delay, Entitled To Refund : Supreme Court

The Supreme Court reaffirmed that homebuyers cannot be forced to accept possession of a property after an undue delay and are entitled to a refund if the unit is not delivered within the agreed timeframe. The bench comprising Justices JK Maheshwari and Aravind Kumar heard the case which revolves around a homebuyer's right to refund when a developer fails to deliver possession of a flat within...

Consumer Protection Act | When Machine Is Used By Employees, It Can't Be Regarded As Purchase For 'Self-Employment' : Supreme Court

Such a buyer will not come within the definition of 'consumer' under the Consumer Protection Act.

KWA Service | Once Appointed As Assistant Engineer, Right To Opt For Degree Or Diploma Quota For Promotion Remains Open: Supreme Court

The Supreme Court set aside the Kerala High Court's ruling on a seniority dispute between Kerala Water Authority's 'directly recruited' and 'promoted' Assistant Engineers. The Court held that Kerala Public Health Engineering Subordinate Service Rules, 1966 (Subordinate Service Rules) and Kerala Public Health Engineering Service Special Rules, 1960 (Special Rules) govern completely...

Supreme Court Sets Aside 'Moratorium' Of 1 Year Imposed By High Court To Apply For Bail Afresh

Today, the Supreme Court set aside a condition imposed by the Patna High Court wherein, while denying bail to a petitioner, the High Court stated that the accused can only seek bail afresh after one year of the framing of the charges.The Court observed that the High Court could not have imposed a "moratorium of one year" for moving fresh bail application.Modifying the High Court's order, a...