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Delhi Riots Case Accused Salim Malik Withdraws Bail Plea After Supreme Court Expressed Reservation
The Supreme Court on Friday (May 10) allowed Salim Malik, an accused in the UAPA case over alleged larger conspiracy behind the 2020 Delhi riots, to withdraw his petition seeking bail.After the bench comprising Justices Bela Trivedi and Pankaj Mithal expressed reservations about entertaining the matter after hearing the petitioner's arguments for some time, Senior Advocate Salman Khurshid,...
Supreme Court Stays NGT's Direction To Initiate Action Under PMLA, Prima Facie Says NGT Lacks Jurisdiction
The Supreme Court on Friday (May 10) stayed the direction of the National Green Tribunal (NGT) to initiate action under the Prevention of Money Laundering Act 2002 (PMLA) against the appellant company for actions related to dumping of hazardous waste in violation of environmental norms. The Court noted that the NGT lacked jurisdiction to pass any such direction and further stayed the order to...
The Complete Supreme Court Annual Digest- 2023 [Part-XIX]
Sexual Harassment 'Aggrieved woman' not covering lgbtqia persons : Supreme Court refuses plea to make its sexual harassment regulations gender-neutral. Binu Tamta v. High Court of Delhi, 2023 LiveLaw (SC) 969 In sexual harassment cases, Courts shouldn't get swayed by 'hyper technicalities; must consider broader context. Union of India v. Dilip Paul, 2023 LiveLaw...
Supreme Court Weekly Round-Up (06 May-11 May, 2024)
With another week gone at the Supreme Court of India, Live Law is back with its Supreme Court Weekly Digest, dedicated to keeping our readers abreast of the most recent legal developments in the country's apex court. This digest aims to inform you about the latest judgments, orders, and Public Interest Litigations (PILs) filed in the Supreme Court during the past week, providing...
GST Officers Should Not Arrest On Mere Suspicion, Verifiable Material Necessary: Supreme Court Says During Hearing
While hearing a batch of petitions challenging penal provisions of the Customs Act, GST Act, etc. as non-compatible with the CrPC and the Constitution, the Supreme Court on May 9 orally observed that a GST officer must have material, which can be verified by a Magistrate, before arrest is made and not act merely on suspicion. The bench of Justices Sanjiv Khanna, MM Sundresh and Bela M...
Should A Person Be Deemed To Be Arrested From The Time His Liberty Is Curtailed When Formal Arrest Is Recorded Later? Supreme Court To Consider
Recently, the Supreme Court issued notice in a plea challenging the legality of arrest of a person by the Enforcement Directorate who was summoned for interrogation late night and arrested the next morning while in confinement of the authorities. The main question that arose was whether the moment a person's liberty is confined by the authroities , it could be deemed as an official...
The Complete Supreme Court Annual Digest- 2023 [Part-XVIII]
Securities and Exchange Board of India Act, 1992 Securities and Exchange Board of India Act, 1992 - Fees paid by director does not attract exemption under Clause 4 of schedule III of the Securities and Exchange Board of India (Stock Brokers and SubBrokers) Regulations, 1992. GPSK Capital Pvt. Ltd. (Formerly Mantri Finance Ltd.) v. Securities and Exchange Board of India, 2023...
Supreme Court Disposes Of Plea Alleging Interference In Ongoing Criminal Case By Calcutta HC Judge & Her Husband
The Supreme Court on May 10 disposed of a plea alleging interference in an ongoing criminal investigation by a sitting Calcutta High Court judge and her lawyer-husband.The petitioners, a 64-year-old widow and her daughter, had accused the High Court judge and her husband of pressuring the police to shield an accused in the criminal case emerging out of a family dispute. The petition however...
Consumer Protection Act 1986 | Onus Of Proving That Service Was Availed For 'Commercial Purpose' Is On Service Provider : Supreme Court
In an important ruling relating to consumer protection law, the Supreme Court on Friday (May 10) set out the manner in which the consumer fora must decide technical pleas raised by service providers against the maintainability of the consumer complaints on the ground that goods/services were availed by the consumer for the commercial purposes.Affirming the decision of the National...
Supreme Court Upholds Centre's Rule Prescribing 'Compulsory Retirement' As Punishment For CRPF Personnel
The Supreme Court in a recent judgement held that 'compulsory retirement' under the Rules of Central Reserve Police Force (CRPF) was validly within the purpose of maintaining 'disciplinary control' over the force under the CRPF Act 1949.The bench of CJI DY Chandrachud and Justices JB Pardiwala and Manoj Misra held that the provision of minor punishment under S. 11 of the CRPF Act...
Issuance Of First Premium Payment Receipt To Insured Would Provide Presumption Of Policy Acceptance By Insurer: Supreme Court
In a recent decision concerning insurance law, the Supreme Court observed that the issuance of a receipt of the first premium payment by the insurer would provide a presumption of the acceptance of the policy by the insurer.Reversing the findings of the National Consumer Dispute Redressal Commission (“NCDRC”), the bench comprising Justices AS Bopanna and CT Ravikumar, while interpreting...
6 Rebel Congress MLAs Withdraw From Supreme Court Petition Filed Against Disqualification From HP Assembly
A plea by six rebel MLAs of the Congress party challenging their disqualification from the Himachal Pradesh state assembly was withdrawn yesterday from the Supreme Court.The bench of Justices Sanjiv Khanna and Dipankar Datta dismissed the petition as withdrawn, with J Khanna remarking, "I knew this was going to happen".To recap, these MLAs had rebelled against their own government led by...