Supreme court
'In Matters Of Personal Liberty, Every Single Day Counts' : Supreme Court Asks HC To Decide Regular Bail Plea Soon
Emphasising that in matters concerning personal liberty, every single day of delay counts, the Supreme Court on Friday (May 17) expressed disappointment at the Delhi High Court keeping the bail application of a petitioner pending for nearly 11 months.A bench comprising Justices BR Gavai and Sandeep Mehta was hearing a petition filed by Amandeep Singh Dhall, an accused in the Delhi liquor policy case, aggrieved by the High Court adjourning his regular bail application to July 2024, after the...
District Judges 65% Quota | 'Merit-cum-Seniority' Doesn't Mean Comparative Merit : Supreme Court Upholds Gujarat HC Promotions Of Judicial Officers
The Supreme Court on Friday (May 17) upheld the recommendations made by the High Court of Gujarat in 2023 for the promotion of Senior Civil Judges to the 65% promotion quota of District Judges on the basis of merit-cum-seniority principle.Last year, a two-judge bench of the Supreme Court had stayed the promotion on the prima facie ground the promotions were made violating the principle of "merit-cum-seniority". Today, delivering the final judgment in the petition, the bench of Chief Justice of...
Supreme Court Upholds ICAI Rule Limiting Number Of Tax Audits By Chartered Accountants Per Yer; Declares It Operative From April 1, 2024
The Supreme Court on Friday (May 17) upheld a rule issued by the Institute of Chartered Accountants Of India (ICAA) barring Chartered Accountants from accepting more than the "specified number of tax audit assignments" (at present, the upper limit is set at 60) in a financial year.A bench comprising Justices BV Nagarathna and Augustine George Masih held that the rule (para 6.0 of Chapter VI of the Council Guidelines No. 1-CA(7)/02/2008 dt. 08/08/2008 and the subsequent amendments) are not...
S.494 IPC | Friends/Relatives Can't Be Held To Have Common Intention For Offence Of Bigamy By Mere Presence In Second Marriage: Supreme Court
The Supreme Court, in a recent judgment, held that the charge under the offence of bigamy, punishable under Section 494 of the Indian Penal Code, can be framed only against the spouse to the second marriage.By the mere presence of friends and relatives in the second marriage, it cannot be held that they had the common intention to commit the offence of bigamy unless the complainant prima facie proves the overt act or omission of the accused persons and also establish that such accused were aware...
Right To Property | 7 Sub-Rights Which State Must Protect During Land Acquisition : 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...
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...
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...