Motor Accident Claim | Loss Of One Eye's Vision Is 100% Functional Disability For A Diamond Cutter: Supreme Court Enhances Compensation

The Supreme Court recently enhanced the compensation for a diamond cutter, who lost the vision of one eye, due to a motor vehicle accident.The Bench of Justice Sanjay Karol and Justice Manmohan was deciding a petition preferred by the claimant-appellant, a diamond cutter by profession. Due to the alleged rashness and negligence of the auto rikshaw driver, he suffered a complete loss of vision...

'Unauthorised Sale Of Railway Tickets Online Offence' : Supreme Court Restores Cases For Fraudulent IRCTC Site Use

The Supreme Court today (Jan.9) reinstated the proceedings initiated under Section 143 of the Railways Act, 1989 ("Act") against the accused, who had been involved in unauthorized activities by creating multiple user IDs to sell E-railway tickets. The bench of Justices Dipankar Datta and Prashant Kumar Mishra overturned the Kerala High Court's decision that had quashed the proceedings...

Supreme Court Monthly Digest- November 2024 With Statute And Subject Wise Index

Adverse PossessionThe dispute involved the ownership and possession of land claimed by the respondents (plaintiffs) based on revenue records and challenged by the appellants (State of Haryana and PWD) on the grounds of adverse possession. The Supreme Court upheld the title of the plaintiffs, based on jamabandi entries, registered sale deeds, and mutation records, which carried a presumption...

Know The Law | When Does 'Right To Sue' Accrue In A Civil Case? Supreme Court Explains

The Supreme Court explained when does the 'right to sue' accrues in a civil case. It observed that the "right to sue" accrues when there is a cause of action that justifies legal action. This means the plaintiff has a substantive right to seek relief, and this right has been infringed or threatened by the defendant.Reference was drawn to the case of State of Punjab vs. Gurdev Singh, (1991) 4...

Drugs & Cosmetics Act | Power To Prohibit Drug Only With Central Govt; Trade Can't Be Restricted Without Notification U/S 26A : Supreme Court

The Supreme Court recently set aside the orders of the Allahabad High Court which upheld the decision of a District Magistrate in restricting the trade of 'aromatic tincture of cardamom' on grounds that it has a high level of alcohol content and therefore is a prohibited article under the Drugs & Cosmetics Act, 1940.A bench of Justices Vikram Nath and PB Varale held that the power to impose...

Reduction In Share Capital Amounts To Transfer Of Capital Asset Under Income Tax Act : Supreme Court

The Supreme Court (recently on January 02) reiterated that reduction in share capital is covered under Section 2(47) of the Income Tax Act, 1961, which talks about transfer of a capital asset. It explained that such reduction would be come under the expression “sale, exchange or relinquishment of the asset” used in the provision.For reference, the concerned portion of Section 2(47)...

Transfer Of Govt Employee On Request Can't Be Termed Transfer In Public Interest Or Administrative Exigencies : Supreme Court

The Supreme Court has observed that the transfer of an employee is an incidence of service if it is in public interest. It added that the government is the best judge to decide how to utilise the services of an employee. Further, if an employee requests, the government may post that employee as per the request. However, such transfer will not be in public interest as the same is based on...

Supreme Court Grants Bail To Tihar's Ex-Dy Superintendent In Murder Case Of Inmate In Judicial Custody

The Supreme Court on January 6 granted bail to former Deputy Superintendent of Tihar Jail, Narendra Meena, in connection with the allegations of death of under trial prisoner, a 29-year-old gangster Ankit Gujjar, in judicial custody.A bench of Justices M.M. Sundresh and Rajesh Bindal set aside the order of the Delhi High Court denying him bail. As per the facts, Gujjar was found dead inside...

Allahabad High Court 'Worrisome'; Filing & Listing Have Collapsed : Supreme Court

While dealing with Uttar Pradesh MLA Abbas Ansari's plea assailing Allahabad High Court's failure to hear his property dispute despite a specific Supreme Court direction, Justice Surya Kant of the top Court today expressed concern about the High Court, saying it is one of the High Courts one should be "worried" about.While the allegation regarding Ansari's background affecting the High Court...

Supreme Court Seeks Report From Union On Virtual Hearing Facilities At Tribunals

In a case involving the issue of virtual access to Court/Tribunal proceedings, the Supreme Court recently called for a report from the Union Government as to the effective availability of video conferencing facility for lawyers and litigants in Tribunals functioning within its jurisdiction.A bench of Justices Hrishikesh Roy and SVN Bhatti passed the order while dealing with a batch of...

Improper Rejection Of Juvenility Claim Even In SC's Curative Jurisdiction Not Final; Fresh Plea Can Be Raised : Supreme Court

The Supreme Court has held that a plea of juvenility, which was not properly considered by Courts as per due procedure, cannot be treated as final. Therefore, a fresh plea of juvenility can be raised when the plea of juvenility was improperly adjudicated upon in the previous rounds.For context, plea of juvenility is a plea raised by accused/convicts that they were minors at the time of...

Supreme Court Directs Status Quo On Property Claimed By UP MLA Abbas Ansari But Declared 'Evacuee Property'

In a relief to Uttar Pradesh MLA Abbas Ansari, the Supreme Court today passed a status quo order in respect of a property he claims ownership of but was dispossessed from in 2023 upon the same being declared "evacuee property".A bench of Justices Surya Kant and N Kotiswar Singh passed the order, stating,"The instant application has been moved inter-alia alleging that after the order passed...