Supreme Court Sets Aside Adverse Observations Made By Orissa HC Against Anti-Caste Marriage Organisation

The Supreme Court set aside adverse observations made by Orissa High Court against an Organisation viz. Anti-caste Marriage and One Child Family Organisation (AMOFOI)In a judgment delivered in 2013 disposing a habeas corpus petition filed by a parent, the High Court had also imposed a fine of Rs. 2 lakh on AMOFOI for allegedly facilitating marriage of a minor girl. B Ramachandra CST...

Minimum Wages Notification Can Be Considered To Determine Notional Income Of Deceased In Motor Accident Compensation Claims : Supreme Court

The Supreme Court observed that 'minimum wages notification' can be considered to determine the notional income of deceased in motor accident claim cases.As per the claimants, the Deceased was a fish vendor­ cum­ driver and was earning at least Rs. 25,000/­ per month. The Motor Accident Claims Tribunal found that the Deceased was a driver and fixed his monthly income at...

Testimonies Of Related/Interested Witnesses Have To Be Scrutinized With Greater Care And Circumspection : Supreme Court

When the witnesses are related/interested, their testimonies have to be scrutinized with greater care and circumspection, the Supreme Court observed while acquitting accused in a murder case.Jabbar Ali and others were convicted by the Trial Court under Section 302 IPC and the Gauhati High Court had dismissed their appeals.Before the Apex Court, the appellants mainly contended that the...

Power Of Attorney Holder Can Continue To Represent Party Even If She Gets Enrolled As Advocate Meanwhile, Sec 32 Advocates Act No Bar : Supreme Court

A Supreme court bench comprising Justice Dinesh Maheshwari and Justice Aniruddha Bose observed that Section 32 Of the Advocates Act, 1961does not create a bar for a General Power of Attorney holder to appear on behalf of a plaintiff, simply because the GPA was enrolled as an advocate. The issue arose in a partition suit concerning the capacity in which the plaintiff's wife, who was the...

Supreme Court Dismisses TMC Leader Manik Bhattacharya's Plea Challenging ED Arrest In PMLA Case Over Teacher Recruitment Scam

The Supreme Court on Thursday dismissed the plea filed by Manik Bhattacharya, former Chairman of the West Bengal Board of Primary Education and Trinamool Congress Leader, assailing his arrest by the Enforcement Directorate in money laundering matter regarding the teacher's appointment scam.The bench comprising Justices Aniruddha Bose and Vikram Nath also refused a plea to allow Manik...

Qualification Prevailing On The Date Of Applying For Compassionate Appointment Is To Be Considered : Supreme Court

The Supreme Court observed that the qualification prevailing on the date of applying for compassionate appointment is to be considered and not the date on which the application for compassionate appointment is considered.In this case, the Central Administrative Tribunal directed the Delhi Jal Board to consider the candidature of an applicant for the post of Lower Division Clerk (LDC). The...

All India Muslim Women's Personal Law Board Approaches Supreme Court Against Extra-Judicial & Unilateral Talaq

The All-India Muslim Women's Personal Law Board has moved Supreme Court seeking against unilateral forms of divorce by Muslim husbands by pronouncement of talaq as per the personal law.The Board seeks to declare divorce given to Muslim women without following the due procedure as null & void with retrospective effect.The Board sought a direction from the Court to declare that divorce given...

Supreme Court Quarterly Digest on Bail July- September, 2022

Bail - Economic Offences - The gravity of the offence, the object of the Special Act, and the attending circumstances are a few of the factors to be taken note of, along with the period of sentence. After all, an economic offence cannot be classified as such, as it may involve various activities and may differ from one case to another - It is not advisable on the part of the court...

Supreme Court Refuses To Entertain Plea Challenging Decrease In Number of BMC Councillors; Gives Liberty To Move HC

The Supreme Court, on Wednesday, granted liberty to the petitioner, inter alia, challenging the decision of the present Maharashtra Government to reduce the number of BMC councillors from 236 to 227, to approach the Bombay High Court. The writ petition assails the constitutional validity of Maharashtra Ordinance No. VII of 2022, which it claims to have 'put the clock back' and annulled...

Supreme Court Extends Ad-Interim Stay On ED Probe Against TN Minister Anitha Radhakrishnan

The Supreme Court of India on Wednesday extended the ad-interim stay granted by the Madras High Court to the Minister of Fisheries, Fishermen Welfare and Animal Husbandry for the State of Tamil Nadu, Anitha Radhakrishnan against probe by Enforcement Directorate in a money laundering case. The High Court had vacated the ad-interim stay granted to Anitha on August 4. This...

Supply Of Illegible/Blurred Copies Of Documents Relied By Detaining Authority Amounts To Violation Of Detenu's Fundamental Right U/Art 22(5) Of Constitution: Supreme Court

The Supreme Court observed that the supply of illegible or blurred copies of the documents relied upon by the detaining authority amounts to violation of Article 22(5) of the Constitution.The detenu is always entitled to be supplied with the legible copies of the documents relied upon by the detaining authority and such information made in the grounds of...

Res Judicata Is Attracted Not Only In Separate Subsequent Proceedings But Also At Subsequent Stage Of The Same Proceedings : Supreme Court

The Supreme Court observed that the doctrine of res judicata is attracted not only in separate subsequent proceedings but also at subsequent stage of the same proceedings.A binding decision cannot be ignored even on the principle of per incuriam because that principle applies to the precedents and not to the doctrine of res judicata, the bench of Justices Dinesh Maheshwari and Aniruddha...