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Supreme Court To Hear Bodh Gaya Temple Act Challenge After Sabarimala Reference Verdict; Posted In October
While deferring the matter pertaining to the Bodh Gaya Temple Act, 1949, the Supreme Court today indicated that the 9-judge bench verdict in the Sabarimala reference may come out by October 6 this year.A batch of pleas challenging the constitutionality of certain provisions of the Bodh Gaya Temple Act was listed today before a bench led by CJI Surya Kant.However, considering the unlikelihood of the same being taken up on account of a part-heard matter (the Shiv Sena case), some counsels...
Supreme Court Directs Union To Consider Plea Seeking Mechanism To Block Illegal AI-Generated Or Doxed Content
The Supreme Court today directed the Union of India to consider a representation seeking mechanism for urgent reporting and URL-specific disabling of access in India to content including threats of physical violence, doxing, unauthorized disclosure of private details and non-consensual AI-generated content.A bench of CJI Surya Kant, Justice Joymalya Bagchi and Justice V Mohana passed the order in a PIL filed by Advocate Narendra Kumar Goswami, who appeared in person. The petitioner raised a...
Centre Defends Clinical Establishment Rule In Supreme Court, Says It Curbs Excessive Pricing Of Medical Services
The Centre has defended the validity of Rule 9(ii) of the Clinical Establishments (Central Government) Rules, 2012 before the Supreme Court, contending that prescribing the range of rates would standardise charges across clinical establishments, preventing inconsistent and exorbitant pricing, price gouging, excessive charging and arbitrary inflation, and protecting patients from exploitation.Rule 9(ii) requires clinical establishments to charge for each type of procedure and service within...
Insider Trading Presumed When Person Having Confidential Information Trades; Loss Or Profit Irrelevant : Supreme Court
The Supreme Court on Tuesday (August 11) held that a mere possession of Unpublished Price Sensitive Information (UPSI) coupled with trading in securities during the UPSI period is sufficient to attract presumption for insider trading under the SEBI (Prohibition of Insider Trading) Regulations, 2015. Setting aside the Securities Appellate Tribunal's (SAT) order, a bench of Justice Sanjay Karol and Justice Augustine George Masih allowed the Securities and Exchange Board of India's (SEBI) appeal,...
4-Steps To Test If Criminal Case Can Be Quashed Based On Defence Material Before Trial : Supreme Court Explains
The Supreme Court has reiterated that criminal proceedings can, in exceptional cases, be quashed at the pre-trial stage on the basis of defence material or official records, where such material is of an unimpeachable nature and demonstrates that continuation of the prosecution would amount to an abuse of the process of court.In its judgment in Rahul v. State of Uttar Pradesh, pronounced on...
No Inflexible Rule That Alibi Can Be Proved Only In Trial : Supreme Court Quashes S. 498A IPC Case Against BSF Personnel
The Supreme Court on Tuesday (August 11) held that the documentary evidence, including official service records establishing the accused's absence from the place of occurrence, constitutes unimpeachable material that can be considered at the threshold stage for quashing of the criminal case. The Court said that the rule that an accused must ordinarily prove alibi during trial is not an inflexible rule and cannot be interpreted as an absolute bar against considering reliable and undisputed...
Consider Declaring Cancer As 'Notifiable Disease' : Supreme Court To States
The Supreme Court on Tuesday directed the States and Union Territories which have not yet notified cancer as a notifiable disease to consider doing so, stressing the need for a uniform policy for mandatory reporting of cancer cases.A bench comprising Chief Justice of India Surya Kant, Justice Joymalya Bagchi and Justice V Mohana was hearing a Public Interest Litigation seeking directions to notify cancer as a notifiable disease across the country.During the hearing, the CJI asked the Union...
Delhi High Court Asks Supreme Court, High Court Judges To Share PAN Details Amid Dispute Over Taxability Of Judicial Allowance
The Delhi High Court has directed Private Secretaries of Supreme Court and High Court judges who have filed their income tax returns under the new tax regime, pursuant to the Court's earlier interim order concerning the taxability of judicial allowances, to furnish details including their PAN and return particulars to the Income Tax Department.The division bench of Justices Dinesh Mehta and Rajneesh Kumar Gupta passed the direction while dealing with an application moved by the Income Tax...
Supreme Court Refuses To Interfere With Calcutta HC's Restrictions On Use Of Trinamool Bank Accounts Frozen By ED
The Supreme Court on Tuesday refused to interfere with the restrictions imposed by the Calcutta High Court in operating the bank accounts of the All India Trinamool Congress party, which are frozen by the Enforcement Directorate as part of a money laundering investigation.A bench of Justices MM Sundresh and PB Varale was dealing with TMC's plea challenging the Calcutta High Court's July 20 interim order whereby it refused to permit the party to operate 3 HDFC bank accounts, as well as the July 9...
Order 41 Rule 27 CPC | Supreme Court Explains Parameters To Decide Application For Additional Evidence
While reiterating that an application seeking the production of additional evidence at an appellate stage needs to be decided on its own merit before delivering a judgment, the Supreme Court has laid down the parameters to be followed while dealing with an application under Order 41 Rule 27 of CPC. A bench of Justice SVN Bhatti and Justice NV Anjaria laid down the following parameters: "1. An Appellate Court has a statutory duty to deal with an Application for Additional Evidence on its...