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Wealth Inequality Still Enormous; Views Of Krishna Iyer & Chinnappa Reddy Haven't Lost Relevance : Justice Sudhanshu Dhulia In Dissent
"It is only when we include privately owned resources, as a part of the “material resources of the community” that the purpose of Articles 38 and 39 is fully realised. It is only then that the socialist and democratic principles incorporated in our Constitution get their true meaning."
SCBA Executive Committee Resolves To Boycott Inauguration Of Judicial Museum, Reiterates Demand For Bar Library & Lounge Instead
The Supreme Court Bar Association (SCBA) has resolved to boycott the function scheduled today at 10 AM for the inauguration of a Supreme Court Museum in the vacant space where the Judges' Library used to be.The inauguration is proposed to be carried out by Chief Justice of India DY Chandrachud.In a resolution dated November 6, 2024, the majority of the Executive Committee (EC) of the...
Hasdeo Forest | Supreme Court Issues Notice On Plea Seeking Cancellation Of Mining Permission For PEKB, Parsa Coal Blocks In Chhattisgarh
The Supreme Court yesterday issued notice on a public interest litigation seeking a direction to the Union of India to cancel all non-forest use and mining permissions granted for PEKB (Parsa East and Kente Basan) and Parsa Coal Block, Chhattisgarh.The PIL further seeks a direction to the State of Chhattisgarh to notify entire Hasdeo Aranya Forest (including, PEKB, Parsa, Tara, Kente...
Doctor Following Accepted Medical Practices Not Liable For Complications That Arise Post-Surgery : Supreme Court
Recently, the Supreme Court held that a Doctor who follows the acceptable practice of the medical profession in the discharge of duties would not be liable for the patient's post-surgery complications. “In other words, simply for the reason that the patient has not responded favourably to the surgery or the treatment administered by a doctor or that the surgery has failed, the doctor...
S. 56 Electricity Act 2003 | 2 Year Limitation Period Not Applicable To Dues Incurred Before Enforcement Of 2003 Act : Supreme Court
The Supreme Court held that the liability arising out of the electricity bill dues which accrued before the enforcement of the Electricity Act, 2003 (“2003 Act”) would not be barred by the 2-year old limitation period prescribed under Section 56 of the 2003 Act.The Court held that once a liability is judicially crystallised and remains unchallenged, the person is bound by the principle...
When Can A Judgment Be Held Per Incurium? Supreme Court Explains
In the judgment relating to LMV driving license, the Supreme Court explained when can a judgment be held as per incurium.A 5-judge bench comprising Chief Justice of India DY Chandrachud, Justices Hrishikesh Roy, PS Narasimha, Pankaj Mithal and Manoj Misra was deciding a reference which doubted the 2017 Mukund Dewangan decision.While addressing the argument that the Mukud Dewangan decision was...
Press Release Of Govt Not 'Law' As Per Power Purchase Agreement : Supreme Court
The Supreme Court recently held that a press release issued by the Government of India about certain changes in the mega power policy did not constitute 'law' and 'change in law' in terms of a Power Purchase Agreement."The press release of 01.10.2009 certainly does not fulfil the meaning of the word “order” as understood in legal parlance," the Court observed."In our considered opinion,...
'Either State Grant Award With Money, Or We'll Direct' : Supreme Court To UP Govt On 83 Yr Old Ex-Constable's Plea For Gallantry Award
In an 83-year-old retired Constable's plea for authorities to act on the recommendation for the Gallantry Award, the Supreme Court today granted last opportunity to the State of Uttar Pradesh to confer Gallantry Award on the petitioner, coupled with a 'respectable' financial amount.The Bench of Justices Surya Kant, Dipankar Datta and Ujjal Bhuyan was hearing petitioner-Ram Autar's challenge to...
Supreme Court Warns Chief Secretaries Of 5 States For Not Filing Counter-Affidavit In PIL Against Mob Lynching
While hearing a PIL filed by National Federation of Indian Women (NFIW) raising alarm over the alleged increase in cases of lynching and mob violence, particularly by 'cow vigilantes', the Supreme Court issued a warning to 5 states - Assam, Chhattisgarh, Telangana, Maharashtra and Bihar- to file their counter-affidavits by the next date.A bench of Justices BR Gavai and KV Viswanathan ordered...
Terror Convict Moves Supreme Court Challenging Govt Notifications Declaring ISIS Terrorist Organization
The Supreme Court is set to hear after 2 weeks a plea filed by terror convict Saquib Nachan seeking quashing of two government notifications which declared the Islamic State of Iraq and Syria (ISIS) and others as terrorist organizations.A bench of Justices Surya Kant, Dipankar Datta and Ujjal Bhuyan began to hear today petitioner-Saquib Nachan(who appeared virtually from Tihar jail), but...
Sessions Courts Must Order Victim Compensation In Cases Of Sexual Offences Against Minors And Women: Supreme Court
The Supreme Court recently mandated that, in cases involving bodily harm, especially in sexual assault cases involving minors or women, Sessions Courts should order victim compensation under Section 357-A of the CrPC(396 of the Bharatiya Nagarik Suraksha Sanhita, 2023).The Court observed that the lack of a compensation order by the Sessions Court delays benefits to victims. This direction must...
'Bar Associations Must Address Issue Of Mental Health', Says Supreme Court While Refusing To Entertain Plea For Lawyers' Wellness
The Supreme Court today (November 6) refused to entertain a PIL seeking to constitute a platform to address the mental health grievances of lawyers in the profession. The Court noted that while the present matter was not amenable to judicial parameters, liberty was given to make representations before the Bar Council of India. The bench led by CJI DY Chandrachud comprising Justices JB...