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Manipur Violence | Judges' Committee Submit Reports To Supreme Court
In the matter pertaining to Manipur violence, the Committee which was constituted by the Supreme Court to look into humanitarian aspects of the issue including relief, remedial measures, rehabilitation measures, and restoration of homes and places of worship has submitted three reports before the Supreme Court. The bench comprising CJI DY Chandrachud, Justice JB Pardiwala, and Justice Manoj...
'What Kind Of Petition?' : Supreme Court Dismisses Plea To Declare As Valid Centre's Decision To Scrap J&K's Special Status Under Article 370
The Supreme Court today dismissed a Public Interest Litigation (PIL) seeking a declaration that the Centre's decision to abrogate the special status of Jammu and Kashmir under Article 370(1) and the deletion of Article 35A of the Indian Constitution was valid. At the very outset, Chief Justice of India DY Chandrachud, presiding over the bench, expressed his skepticism about the nature of...
'What Is Happening In Gujarat High Court? We Don't Appreciate HC's Counterblast To Our Order' : Supreme Court In Abortion Case
The Gujarat High Court has once again come under the criticism of the Supreme Court for the manner in which it passed an order in a rape survivor's plea seeking an abortion.Last Saturday, the Supreme Court had held a special sitting to hear the woman's plea to terminate her pregnancy, which is now nearing 28 weeks. During the hearing, a bench comprising Justices BV Nagarathna and Ujjal Bhuyan...
Courts Shouldn't Waver In Granting Real Relief After Deciding Something To Be Unconstitutional : Justice Deepak Gupta
Former Supreme Court judge Justice Deepak Gupta expressed criticism of the approach of Constitutional Courts in refraining from giving actual relief to citizens despite holding that certain executive decisions are unconstitutional.While delivering an online lecture on the topic “Developments in Fundamental Rights in Last Decade” as part of LiveLaw's 10th anniversary lecture series,...
Preventive Detention- 3 Months Limit Under Article 22(4)(a) Applies Only At Initial Stage Till Advisory Board's Report : Supreme Court
The Supreme Court recently dismissed an appeal by a detenu who challenged the order of preventive detention under the Andhra Pradesh Prevention of Dangerous Activities of Boot-leggers Act, Dacoits, Drug Offenders, Goondas, Immoral Traffic Offenders and Land Grabbers Act, 1986 (the Act).The Court disagreed with the view taken in Cherukuri Mani v. Chief Secretary, Government of Andhra...
Supreme Court Weekly Digest With Nominal And Subject/Statute Wise Index [August 1 – 6, 2023]
SUBJECT WISE INDEXAdvocateThe Supreme Court vacated a stay order in a 16-year-old criminal appeal as it pulled up the appellant-lawyer for seeking repeated adjournments. Gulshan Bajwa v. Registrar, High Court of Delhi, 2023 LiveLaw (SC) 608Litigants should not be made to suffer because of the advocate's fault in withdrawing a complaint by mistake. Ashok Kumar v. New India Assurance Co. Ltd.,...
Service Tax | Assessee Cannot Be Penalised Based On Show-Cause Notice Mentioning Erroneous Category Of Service : Supreme Court
A Division Bench of the Supreme Court, comprising Justices Abhay S. Oka and Sanjay Karol, while hearing appeals, held that “Assessee cannot be subjected to a penalty on the basis of a show cause notice containing a completely erroneous category of service.” Therefore, Court rendered the demand made on the basis of the said show cause notice illegal.The present appeals had arisen out...
Can Bail Condition Requiring Assurance From Embassy That Foreign Accused Will Not Leave India Be Imposed? Supreme Court To Examine
The Supreme Court recently directed the Centre to submit its views on whether the bail condition requiring assurance from the Embassy/High Commission that a foreign national accused will not leave the country, has been incorporated by courts. A division bench of Justice Abhay S Oka and Justice Sanjay Karol was hearing a challenge to certain bail conditions imposed by the Delhi High Court on...
Digital Personal Data Protection Act Is An Outlier, Not In A Good Way : Apar Gupta
On August 12, 2023, the Digital Personal Data Protection Act received the assent of the President of India, clearing the way for the act to come into force when notified by the central government. It is the first law made for processing data in India and it brings several amendments to the Right to Information Act and the Information Technology Act. According to the preamble of the...
Supreme Court Half Yearly Digest 2023 -Code Of Civil Procedure, 1908
Section 10 - Stay of SuitCode of Civil Procedure, 1908; Section 10 - Stay of Suit - By virtue of Section 10 CPC, a Court is prohibited from proceeding with trial of any suit in which the matter in issue is also directly and substantially in issue in a previously instituted suit, of course, subject to other conditions mentioned therein. The object of the prohibition contained in Section 10 CPC...
'ED Officials Given All Police Powers, But They're Held To Be Not Police' : Justice Deepak Gupta Criticises PMLA Judgment
Former Supreme Court judge Justice Deepak Gupta delivered a lecture on the topic "Development of Fundamental Rights Jurisprudence in Last 10 years" as part of LiveLaw's 10th anniversary lecture series. After referring to several judgments which made a significant development in the field of fundamental rights, Justice Deepak Gupta said that there are some judgments which strike at liberty...
Supreme Court Recalls Judgment Holding That No Indirect Taxes Can Be Levied On Duty Free Shops At Airports
The Supreme Court has recalled its Division Bench judgment dated 10 April 2023, where the top court had ruled that Duty Free Shops situated in the arrival or departure terminals of Airports are outside the customs frontiers of India and therefore, they cannot be saddled with any indirect taxes like the Service Tax.While allowing the review plea filed by the Commissioner of CGST and Central...