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Woman Cites Abortion Rights Judgment To Challenge Age-Restriction In PCPNDT Act; Supreme Court Issues Notice
The Supreme Court will examine the validity of the age restriction of 35 years for conducting pre-conception and pre-natal diagnostic tests.The court issued notice in a petition filed in 2019 by a lawyer Meera Kaura Patelwho contended that the age restriction of 35 years in Section 4(3)(i) of the Pre-Conception and Pre-Natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994 is...
Punjab Village Common Lands (Regulation) Act- Any Dispute With Respect To Mutation Entry Can Only Be Before Revenue Authorities : Supreme Court
The Supreme Court observed that any dispute with respect to mutation entry can only be before the revenue authorities only.This observation is in the context of Section 13 of the Punjab Village Common Lands (Regulation) Act, 1961.In this case, the plaintiff challenged a mutation entry of 1955 by filing a suit before a civil court. The High Court allowed the second appeal holding that the...
Conspiracy Allegation Used To Fill Gaps, Speeches Given A Criminal Colour : Gautam Bhatia On Umar Khalid, Jyoti Jagtap Bail Orders
People's Union for Civil Liberties (PUCL) hosted an online event to discuss three recent judgements pertaining to civil liberties. The judgements included Bombay High Court's denial of bail to Jyoti Jagtap (Jyoti Jagtap v. National Investigating Agency and Anr.), Supreme Court's stay on the acquittal of Dr G.N. Saibaba (State of Maharashtra v. Mahesh Kariman Tirki And Ors.) and Delhi High...
Supreme Court Weekly Digest With Nominal And Subject/Statute Wise Index [October 17 – 23, 2022]
Advocates Act, 1961; Section 32 - The enabling provision of Section 32, whereby any Court, authority or person may permit any non-advocate to appear before it or him in any particular case is difficult to be read as creating a corresponding bar in giving permission to a GPA holder of a party to represent that party as such, if the said GPA holder, during pendency of the proceedings in...
Murder Case Against Union Minister Ajay Mishra | Supreme Court Refuses To Transfer Govt Appeal To Allahabad HC's Prayagraj Bench
The Supreme Court has rejected Union Minister Ajay Mishra Teni's prayer to transfer a Government appeal challenging his acquittal in a 22-year-old murder case from Allahabad High Court's Lucknow bench to Prayagraj Bench. Instead, the bench of Chief Justice UU Lalit and Justice Bela M. Trivedi made a request to the High Court to hear the appeal for disposal on November 10, 2022, the date given...
Cheque Dishonour Case Convict Agrees To Pay After 10 Yrs Litigation; Supreme Court Imposes Rs 5 Lakh Cost For Wasting Judicial Time
A party faced the ire of the Supreme Court for taking a cheque dishonour dispute to the level of apex level before agreeing to settle the matter with the complainant. The appellant had approached the Supreme Court challenging the concurrent orders of conviction passed by three courts against him for the offence of cheque dishonour under Section 138 of the Negotiable Instruments Act.Before...
Prevention Of Food Adulteration Act | Analyst Has To Examine If Quality Change Was Due To Natural Causes : Supreme Court
The Supreme Court recently set aside the conviction of a Bengal sweetmeat shop-owner for allegedly selling adulterated paneer on the ground that there was no "whisper in the complaint or in the evidence" as to whether the departure from prescribed standards or composition could be attributed only to inescapable natural causes. In other words, to drive home a conviction for...
Medical Education : Supreme Court Issues Notice On NMC's Transfer Petition In Relation To Pleas Challenging Direction For Govt Fee In 50% Private Colleges Seats
The Supreme Court, on October 21, issued notice in the transfer petition filed by National Medical Commission in relation to the pleas challenging the validity of its decision to stipulate fee of 50% seats in Private Medical Colleges & Deemed Universities at par with the fee in the Government Medical Colleges in the respective States and Union Territories. The NMC is seeking to...
Supreme Court Quarterly Digest on CODE OF CIVIL PROCEDURE [July - September 2022]
Admiralty (Jurisdiction and Settlement of Maritime Claims) Act, 2017; Section 12, 14 - Code of Civil Procedure, 1908; Order 1 Rule 10(2), Order XLIII Rule 1 - Commercial Courts Act, 2015 - An order for addition of a party under Order 1 Rule 10(2) of the CPC is not appealable under section 14 of the Admiralty Act - An appeal does not lie to the Commercial Appellate Division of the High...
Supreme Court Weekly Round-Up: October 17 To October 23, 2022
JUDGMENT THIS WEEK Valuation Of Shares For The Purpose Of Gift Tax Should Take Into Consideration Limitation And Restrictions: Supreme Court The Supreme Court has held that the valuation of shares for the purpose of gift tax must take into consideration the limitations and restrictions. The division bench of Justice Sanjiv Khanna and Justice J.K. Maheshwari has observed that...
NEET-PG: Supreme Court Allows A Candidate To Join 2022-23 Counselling Without Original Documents Submitted In College She Joined Earlier
The Supreme Court, on Friday, issued notice in a plea filed by a medical student desirous of giving up her seat at Kasturba Medical College, Manipal, and participating in second round of counselling of NEET-PG 2022-23. Last year she took admission at the said college and this year she has appeared for NEET-PG 2022-23. The college authorities are demanding payment of the balance tuition...
Kerala High Court Says Governor Could Not Have Asked VCs To Resign, Questions Haste In Issuing Direction
The Kerala High Court on Monday observed that the Governor Arif Mohammed Khan, in his capacity as the Chancellors of nine universities, could not have asked the Vice Chancellors to resign. The Court made this observation in the order passed in the writ petitions filed by eight Vice Chancellors challenging the instruction issued to them by the Governor on October 23 to resign by today 11.30...