Supreme court
Seven Sub-Rights Of Right To Property Under Article 300A Of Constitution : Supreme Court Explains
In a pivotal judgment, the Supreme Court (today on May 16), while setting aside acquisition of land acquired by the Kolkata Municipal Corporation Act, 1980, highlighted seven sub rights of Article 300A of the Indian Constitution. Article 300A provides that “no person shall be deprived of his property save by authority of law”. The judgment authored by Justice PS Narasimha stressed that these sub- rights mark the real content of the Right To Property under Article 300A. Non-compliance of...
Fundamental Right To Health Includes Customer's Right To Be Made Aware Of Quality Of Products : Supreme Court
The Supreme Court has declared that the the fundamental right to health encompasses the right of a consumer to be made aware of the quality of products being offered for sale by manufacturers, service providers, advertisers and advertising agencies.To protect this right, the Court directed that henceforth, before an advertisement is printed/aired/displayed, a Self declaration shall be submitted by the advertiser/advertising agency on the lines contemplated in Rule 7 of the Cable Television...
No Land Acquisition Compensation Determined For 42 Years : Supreme Court Expresses Disappointment With HC For Not Questioning State
The Supreme Court, while deciding a civil appeal, has (on May 13) expressed its disappointment at the Patna High Court's approach, inter alia, for not questioning the State as to why it did not pay compensation to the appellant for forty-two years after acquiring his land. “We are not convinced but rather disappointed with the approach of the High Court while disposing of the appeal. There are many issues arising in this litigation and the High Court should have taken little pains to...
Supreme Court Issues Criminal Contempt Notice To DDA Vice Chairman Over Tree Felling In Delhi's Ridge
The Supreme Court on Thursday (May 16) issued a criminal contempt notice to the Delhi Development Authority (DDA) Vice Chairman in the matter concerning the rampant felling of trees in Delhi's Ridge Forest area in violation of its previous orders in M.C. Mehta v. Union of India & Ors. “Such conduct (referring to DDA Vice Chairman) and suppression amounts to interference with due course of court proceedings and administration of justice. We have already issued a show cause notice for civil...
Writ Petition By Employees Against Air India Not Maintainable After Its Privatisation: Supreme Court
The Supreme Court (today, May 16) affirmed the Bombay High Court's order that the writ petitions filed by employees against Air India Limited (AIL) would no longer be maintainable due to AIL's subsequent privatisation. The petitions raised issues related to non-promotion and stagnation in pay. The judgment orally pronounced by the Bench of Justices BR Gavai and Sandeep Mehta stated: “In wake of discussion made hereinabove, we do not find any reason to take a different view from the one ...
Supreme Court Weekly Digest With Subject /Statute Wise Index [April 14 to 20]
SUPREME COURT WEEKLY DIGEST APRIL 2024 PART 2Citations 2024 LiveLaw (SC) 291 to 2024 LiveLaw (SC) 310Arbitration and Conciliation Act. 1996Section 34 & 37- Scope of interference of courts with arbitral awards – A judgment setting aside or refusing to set aside an arbitral award under Section 34 is appealable under Section 37. The jurisdiction under Section 37 is akin to the jurisdiction...
PMLA Accused Need Not Fulfill S.45 Conditions When Furnishing Bond After Appearing Before Trial Court As Per Summons : Supreme Court
In a notable judgment, the Supreme Court held that when an accused in a case under the Prevention of Money Laundering Act, 2002 (PMLA), who appears before the Special Court pursuant to a summons issued to him, it cannot be considered that he is in custody. Therefore, such an accused is not required to apply for bail under Section 45 of the PMLA.The Special Court can however ask such an accused to furnish bonds to secure presence in terms of Section 88 of the Code of Criminal Procedure. To accept...
ED Cannot Arrest Accused After Special Court Has Taken Cognizance Of PMLA Complaint : Supreme Court
In a significant judgment, the Supreme Court on Thursday (May 16) held that the Enforcement Directorate (ED) and its officers cannot arrest an accused exercising powers under Section 19 of the Prevention of Money Laundering Act (PMLA) after the Special Court has taken cognizance of the complaint of money laundering.If the ED wants custody of such an accused, then they will have to apply to the Special Court."After cognizance is taken of the offence punishable under Section 4 of the PMLA based on...
Agency Won't Be Terminated Upon Death Of Principal If Agent Has Interest In Property Which Is Subject Matter Of Contract: Supreme Court
The Supreme Court observed that the death of the original contractor would not preclude the agent (power of attorney) from initiating the proceedings arising out of the contract if the agent holds an interest in the contract being expressly mentioned in the contract.Reversing the findings of the High Court, the bench comprising Justices BR Gavai and BV Nagarathna stated that where the agent...
S. 357 Cr.P.C. | Payment Of Compensation To Victim Not A Factor To Reduce Convict's Sentence : Supreme Court
The Supreme Court held that an order for the convict to pay compensation to the victim would not result in the reduction of the sentence imposed on the convict.“In criminal proceedings the courts should not conflate sentence with compensation to victims. Sentences such as imprisonment and / or fine are imposed independently of any victim compensation and thus, the two stands on a...
Supreme Court Asks Meghalaya Govt To Issue Clear Instruction About Ban On 'Two-Finger' Test In Rape Cases
Recently (on May 07), the Supreme Court, while hearing a criminal appeal arising out of the High Court of Meghalaya, expressed its dismay that the “two-finger test” was used in a rape case despite being deprecated by the Top Court. The Court also took into account that the decision in Lillu @ Rajesh and Anr. V. State of Haryana (2013) 14SCC 643, holding that the two-finger test on a...
'Grounds Of Arrest' Must Contain All Basic Facts To Provide Opportunity To Accused To Oppose Remand & Seek Bail : Supreme Court
The Supreme Court, in its judgment delivered today on May 15, distinguished between the 'reasons for arrest' and 'grounds of arrest'. The Court said that there is a significant difference between these two phrases. It explained that 'reasons of arrest' are formal and could apply generally to any person arrested of an offence. Elaborating, the Court also cited several of these...