Supreme Court's Refusal to Stay Legislation On Election Commissioner Appointments: Analyzing Implications For Democracy

With less than a month left for the 2024 General Elections, the Supreme Court on Friday (March 22) refused to stay on the legislation concerning the appointment of the Chief Election Commissioner (CEC) and Election Commissioners (ECs) which had dropped the Chief Justice of India (CJI) from the selection panel, vesting ultimate power and authority in the panel comprising Prime Minister, Union Minister and Leader of Opposition of Lok Sabha to appoint CEC and ECs. The refusal to stay the...

Bail Condition Restraining Political Activities Violates Fundamental Rights, Can't Be Imposed : Supreme Court

The Supreme Court recently ruled that requiring a politician to abstain from engaging in political activities as a condition for granting bail would violate fundamental rights. In a case titled Siba Shankar Das vs State of Odisha and another, a bench comprising Justices BR Gavai and Sandeep Mehta overturned a bail condition imposed by the Orissa High Court, which prohibited a politician...

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Pre-Trial Injunctions Against Media Platforms Should Be Exceptional, Impact On Freedom Of Speech Must Be Seen: Supreme Court

The Supreme Court has urged the trial courts to be cautious while granting pre-trial injunctions against the publication of media articles and journalistic pieces in defamation suits.An interim injunction to take down an article not only impacts the author's right to publish but also the public's right to know, reminded the Court. The Court also urged the trial courts to take note of the trend...

Customs Act | S. 71 Inapplicable If Imported Goods Were Stocked Outside Notified Public Bonded Warehouse With Permission : Supreme Court

The Supreme Court has held that Section 71 of the Customs Act, 1962 would be inapplicable to cases where imported goods were stocked outside the notified public bonded warehouse with the permission of the concerned officer. A portion of the Appellant's factory premises was notified as a public bonded warehouse. The Appellant, with the permission of Superintendent of Customs and Central...

Overcharge v. Illegal Charge: Supreme Court Dismisses Railways' Appeals Against Indian Oil Over Refund Of Freight Charges

In a case involving excess payment of freight charges, the Supreme Court recently held against the Railways', observing that it levied an illegal charge on Indian Oil Corporation (IOC) for 444 kms when the actual relevant distance was only about 334 kms.The Bench of Justices JB Pardiwala and Sandeep Mehta passed the judgment in appeals filed by the Railways, against order of the Allahabad...

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Supreme Court Weekly Round-Up (18 March-23 March 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 a...

Karnataka Govt Moves Supreme Court Seeking To Direct Union Government To Release Drought Relief Funds

The State of Karnataka has filed a writ petition in the Supreme Court alleging that the Central Government was denying financial assistance for drought management to the State under the Disaster Management Act, 2005 and the Manual for Drought Management.The State has contended that the actions of the Centre violate the fundamental rights of the people of Karnataka under Articles 14 and 21 of...

Important MCQs Based On Latest Supreme Court Judgments For Law Examinations

Q 1. Against an accused, a non-bailable warrant and proclamation under Section 82 Cr.P.C. is pending. Whether an application of the accused seeking anticipatory bail is maintainable before the court?a. Yes, the right to seek anticipatory bail is a statutory right under Cr.P.C. b. Yes, anticipatory bail cannot be denied because it should be heard on its merit uninfluenced by the...

Livestream Video Was Doctored To Show I Walked Out Of Court, Was Subjected To Trolls : CJI DY Chandrachud

Chief of Justice of India Dr DY Chandrachud in a recent address cleared the air regarding a doctored video of the live proceedings in the electoral bonds case.The CJI said that the video was doctored to 'troll' & 'viciously abuse' him on social media space while the reality was far from the reels. " 4-5 days ago, when I was hearing a case, I had a little pain in the back so all that I...

If PMLA Is Misused, Nation Will Suffer; Negative Perceptions May Arise About ED : SC Judge Justice Ujjal Bhuyan

Supreme Court judge Justice Ujjal Bhuyan spoke on the need to judiciously use the powers under the Prevention of Money Laundering Act (PMLA) and cautioned that if the law is misused, negative perceptions may rise against the Enforcement Directorate. The nation will suffer if the law is misused, he stressed.Justice Bhuyan appealed to all stakeholders to apply the PMLA in its true spirit,...