Supreme court
Supreme Court Imposes Rs. 5 Lakh Cost On Telangana Govt For Incorrect Affidavits, Allows State To Recover Amount From Erring Officials
The Supreme Court on Thursday (April 18) imposed a cost of Rs. 5 Lakhs on the State of Telangana with liberty to recover the said cost from the erring officials who have facilitated and filed incorrect affidavits in the ongoing proceedings.The case relates to the declaration of the reserved forest land as private land in favor of the private persons by the High Court while exercising its review jurisdiction despite having its earlier order where it had given a clear finding that the title over...
'Adverse Effect Of Climate Change Will Be On Nation's Future' : Supreme Court Stresses Importance Of Forest Protection
A week after recognizing for the first time the fundamental right to be free from the adverse effects of climate change, the Supreme Court has delivered another judgment highlighting the potential adverse impacts of climate change.The judgment cited a report published by the Reserve Bank of India titled “Report on Currency and Finance; Towards a Greener Cleaner India” (2022-23), which, the Court said, presented a "very disturbing scenario.""The report clearly suggests the enormous potential...
NIA Act | Court of Sessions Has Jurisdiction To Try UAPA Cases When State Hasn't Designated Any Special Court : Supreme Court
The Supreme Court on Thursday (April 18) held that in the absence of the designation of a special court by the state government, the Court of Sessions would have the jurisdiction to try offences punishable under the Unlawful Activities (Prevention) Act, 1967 (“UAPA”),“A bare perusal of sub-section (3) of Section 22 of NIA Act would make it clear that until a Special Court is constituted by the State Government under sub-Section (1) of Section 22, in case of registration of any offence punishable...
Waqf Board & Not Waqf Tribunal Has Jurisdiction To Decide Issue Of Mutawalli : Supreme Court
Recently, the Supreme Court held that the original jurisdiction to decide the issue pertaining to Mutawalliship vests with the Waqf board and not the Waqf Tribunal. Distinguishing the role of the Waqf Tribunal from that of the board, the Court said that the former is an adjudicatory authority while the latter deals with administration-related issues. “After all, the Waqf Tribunal is only an adjudicating authority over a dispute while the Waqf Board is expected to deal with any issue...
Termination Of Services Without Disciplinary Enquiry Violates Principles Of Natural Justice : Supreme Court Reinstates College Registrar
Observing that the termination of the services of the employee without holding disciplinary enquiry violates the principles of natural justice, the Supreme Court directed the reinstatement of the Registrar at the GB Pant Institute of Engineering and Technology, Ghurdauri."...we are of the firm view that the termination of the services of the appellant without holding disciplinary enquiry was totally unjustified and dehors the requirements of law and in gross violation of principles of natural...
Supreme Court Monthly Round-Up: March 2024
Here's a comprehensive overview of the Supreme Court of India proceedings during March 2024. This monthly digest aims to inform you about the latest judgments, orders, and Public Interest Litigations (PILs) filed in the Supreme Court during the month of March and also the updates of the Constitution bench hearing on the taxation matter of mineral-bearing lands, providing...
Supreme Court Criticises Gujarat HC Bench For Releasing Case Without Judgment 10 Months After Reserving Verdict
The Supreme Court has voiced its criticism in a matter where the Gujarat High Court reserved a judgment for ten months and ultimately released it because it was not pronounced within a reasonable time. "We hope earnestly that this does not reflect the trend in High Courts in other parts of the country as well", the Supreme Court observed in the order after terming the situation "peculiar". It further underscored that releasing a case after hearing it over a substantial period not only...
S.138 NI Act | Supreme Court Refuses To Interfere With Concurrent Findings That Cheque Wasn't Issued Towards Legally Enforceable Debt, Upholds Acquittal
Recently, the Supreme Court upheld the acquittal of an accused in a 16-year-old cheque dishonor case since the complainant failed to prove that there exists a legally enforceable debt against the accused.“On the question as to whether the sum involved in the cheques was advanced in discharge of a legally enforceable debt or not, the petitioner has failed to show if any sum was advanced...
Is Sanction Needed To Order Investigation Against Public Servant Under S.156(3) CrPC? Supreme Court Seeks Early Decision In Pending Reference
A two-judge bench of the Supreme Court has called for an early adjudication of the issue whether prior sanction is mandatory for a Magistrate to forward a complaint against a public servant for investigation as per Section 156(3) CrPC. This issue was referred to a larger bench in 2018 in the case Manju Surana v. Sunil Arora. In the present matter, a bench comprising Justices CT Ravikumar...
The Complete Supreme Court Annual Digest- 2023 [Part-VII]
Consumer Law A pedantic and hyper-technical approach would cause damage to the very concept of consumerism. (Para 23) Alpha G184 Owners Association v. Magnum International Trading Company Pvt. Ltd., 2023 LiveLaw (SC) 442 : AIR 2023 SC 2527 Amend Consumer Protection Rules on appointment process of commission members within 3 months : Supreme Court to Centre, States. In Re: Inaction...
Supreme Court Upholds Appointment Of Technical Assistants As Assistant Engineers In TN PWD
While upholding the decision of the Tamil Nadu Government to appoint Technical Assistants as Assistant Engineers in the Public Works Department, the Supreme Court on Tuesday (April 16) expressed displeasure over the attitude of the Association of Engineers in Tamil Nadu to grab all posts of Assistant Engineers in the State without leaving the posts for the candidates promoted from the...
'UGC Regulations Binding On Universities' : Supreme Court Directs Regularization Of Teachers At Jamia Milia Islamia
Observing that the University Grants Commission (UGC) regulations are binding on the Universities, the Supreme Court on Monday (April 15) directed the reinstatement of the teachers at Jamia Milia Islamia (“University”) on a permanent basis who were denied regularization by the University even after UGC's letter to University directing regularization of the teachers who were selected through...