Top Stories
Supreme Court Annual Digest 2022- Service Law
Acquittal in Criminal Case Disciplinary Proceedings - Acquittal in Criminal Case - The acquittal of the accused in a criminal case does not debar the employer from proceeding in the exercise of disciplinary jurisdiction - In a prosecution for an offence punishable under the criminal law, the burden lies on the prosecution to establish the ingredients of the offence beyond...
Supreme Court Strikes Down Assam Law Allowing Diploma Holders To Treat Specified Diseases and Perform Minor Procedures
The Supreme Court on Tuesday struck down the Assam Rural Health Regulatory Authority Act, 2004 which permitted diploma holders in Medicine and Rural Health Care to treat certain common diseases, perform minor procedures, and prescribe certain drugs. Upholding a 2014 Gauhati High Court judgment declaring the Act to be unconstitutional and ultra vires, a division bench of Justices B.R....
Supreme Court Allows Purse Seine Fishing Beyond TN Territorial Waters With Conditions
The Supreme Court on Monday passed restricted interim orders in a batch of interim applications seeking interim stay on the order dated February 17, 2022 passed by the Tamil Nadu Government on banning the use of purse seine nets for fishing. The Court passed an order allowing the purse-seine fishing beyond the territorial waters of Tamil Nadu but within the Exclusive Economic Zone...
'Premature For High Court To Opine On Tax Evasion' : Supreme Court Sets Aside HC Order Which Quashed Notice Under Section 130 CGST Act
Observing that it was "premature" on the part of the High Court to quash a show-cause notice issued under Section 130 of the Central Goods and Service Tax Act by invoking Article 226 jurisdiction, the Supreme Court recently set aside an order passed by the Punjab and Haryana High Court.The Supreme Court noted that there were allegations about evasion of tax and hence it was premature on the...
Bihar Liquor Prohibition Act : Supreme Court Expresses Anguish At Delay In Setting Up Special Courts
The creation of special courts for the purpose of trying cases under the Bihar Prohibition and Excise Act, 2016 was ‘a long distance away’, the Supreme Court observed on Monday. A division bench comprising Justices Sanjay Kishan Kaul and Abhay S. Oka was deliberating on the issues of the grant of bail and pendency with respect to the offence of liquor consumption, as well as...
Supreme Court Refuses To Interfere With HC Stay On Order Saying Cochin International Airport Ltd Falls Under RTI
The Supreme Court on Monday declined to interfere with a Kerala High Court order (Division Bench) staying the effect of a Single Bench order which held the Cochin International Airport Ltd. is a public authority under the Right to Information Act, 2005. A Bench of Justices of Dinesh Maheshwari and Hrishikesh Roy was hearing a petition filed by MR Ajayan, the editor of Green Kerala...
Can’t Grant Anticipatory Bail When Money Has Been Taken From Large Number Of People, Says Supreme Court During Hearing
The Supreme Court of India on Monday observed that it is not inclined in granting bails in cases pertaining to economic offences especially when many depositors have been swindled. "Suppose, you've taken away money from thousands of people, swindled. And you say, please grant him anticipatory bail, regardless of the plight of the victims. Maybe, families don't have money with them....
Plea For Abortion : After AIIMS Report About Possibility Of Baby Being Born Alive, Supreme Court Asks ASG To Guide Petitioner
In a plea filed by a 20-year old unmarried woman seeking permission to terminate a 29-week pregnancy, the Supreme Court, on Monday, asked the Additional Solicitor General, Ms. Aishwarya Bhati, to interact with the woman and provide guidance.On the last occasion a bench led by the Chief Justice of India, D.Y. Chandrachud directed AIIMS to constitute a committee to assess if medical termination...
SCAORA Condemns Forbes India ‘Top 25 Advocates-on Record’ Lists As ‘Misleading’& ‘Unauthorised’
Forbes India has come under the scanner over its decision to publish a list of top 25 Advocates-on-Record as a part of its annual ‘Legal Powerlist’, with the Supreme Court Advocates-on-Record Association criticising the document as ‘misleading’ and against the interests of advocates. According to a resolution dated January 23, the association has unanimously...
Nagaland DGP Appointment : Supreme Court Refuses To Relax Minimum Experience Criteria, Directs Appointment Of Rupin Sharma IPS
The Supreme Court, on Monday, directed the State of Nagaland to pass orders regarding appointment of the officer duly empanelled by Union Public Service Commission (UPSC), i.e. Mr. Rupin Sharma, IPS officer from the batch of 1992, Nagaland cadre, as the Director General Police of Nagaland within a week’s time.The order was passed in an application filed by the State of Nagaland seeking...
SC Status For Converted Dalits : Supreme Court Rejects Challenge To Expert Panel Formed By Centre
The Supreme Court on Monday dismissed a Writ Petition that was filed challenging the Central Government’s decision taken in October 2022 to set up a panel to examine Schedule Caste status for dalits who converted to Christianity or Islam.It was in October 2022 that the Centre constituted the Commission to study the issue. The chairperson of the Commission is to be former CJI, (Retd.)...