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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...
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...
If ED Claims To Have Fundamental Rights, It Should Worry About Fundamental Rights Of Others Too: Supreme Court
The Supreme Court on Tuesday (April 8) questioned the Directorate of Enforcement (ED) for filing a writ petition seeking transfer of the corruption case (predicate offence) arising out of the 2015 Nagrik Apurti Nigam (NAN) scam out of Chhattisgarh.Under Article 32, a writ petition can be filed before the Supreme Court by individuals for the enforcement of their fundamental rights.Justice Oka...
'Singles Out Muslim Endowments For Govt Intrusion' : RJD MP Manoj Jha Approaches Supreme Court Against Waqf Amendment Act 2025
Two Members of Parliament from Rashtriya Janta Dal, representing the State of Bihar, Dr Manoj Kumar Jha and Faiyaz Ahmad, have filed a writ petition before the Supreme Court challenging the Waqf (Amendment) Act, 2025 on grounds of violation of Articles 1, 14, 15, 21, 25, 26, 29, 30 and 300A of the Constitution.The Petitioners contend that these amendments fundamentally weaken the...
Supreme Court Calls Fresh Report From Union, Bihar Govts On Steps Taken To Remove Illegal Encroachments From Ganga River Banks
In a matter pertaining to illegal encroachments on Ganga River banks, the Supreme Court recently called for a report from the Union government and the Bihar government detailing the current position of encroachments as well as the steps taken to remove them.A bench of Justices JB Pardiwala and KV Viswanathan passed the order, stating,"We would like to know what steps have been taken by...
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...
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...
Centre Notifies Operation Of Waqf Amendment Act 2025 From Today
The Central Government today issued a notification to give effect to the Waqf (Amendment) Act 2025 from today (April 8, 2025).As per the notification issued by the Ministry of Minority Affairs under Section 1(2) of the Act, April 8, 2025, has been appointed as the date on which the provisions of the Act will take effect.In exercise of the powers conferred by sub-section (2) of section 1 of...
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 &...
Homebuyers File Review Petition Against Supreme Court Judgment Holding Greater Noida Industrial Authority A 'Secured Creditor' Under IBC
A plea has been filed before the Supreme Court seeking review of its judgment dated February 12, 2024 which classified Greater Noida Industrial Development Authority as a 'secured creditor' for the purposes of Corporate Insolvency Resolution Processes under the Insolvency and Bankruptcy Code (IBC).Filed by a homebuyers' association, the plea states that the impugned judgment has led the...
Supreme Court Sets Aside Karnataka HC Order Which Directed Personal Presence Of BCI Secretary, Jt. Secretary
The Supreme Court today set aside an order of the Karnataka High Court directing personal presence of the Secretary and Joint Secretary of the Bar Council of India before it.A bench of Justices BR Gavai and AG Masih passed the order, stating,"In the circumstances of the case, the High Court ought to have graciously accepted the apology and affidavit of the Secretary of the Bar Council,...