Supreme court
Elected Members Of Municipality Can't Be Removed At Whims And Fancies Of Civil Servants Or Their Political Masters : Supreme Court
The Supreme Court, in a recent challenge against the disqualification of elected members of certain local municipalities in Maharashtra, held that elected representatives at the grass-roots level of democracy could not be thrown out of office at the 'whims and fancies' of civil servants or their 'political masters'. Setting aside the disqualification orders issued in 2015 and 2016 by the Minister-In-Charge, Urban Development(State of Maharashtra), the bench of Justices Surya Kant and PS...
JJ Act | 3 Months Time Limit For Preliminary Assessment Of Juvenile As Per Sec. 14(3) Not Mandatory: Supreme Court
The Supreme Court held that the time limit of three months prescribed under Section 14(3) of the Juvenile Justice (Care & Protection) Act, 2015 for ascertaining the mental and physical capacity of a child below the age of sixteen years to commit a serious offence is not mandatory but directory.“As in the process of preliminary inquiry there is involvement of many persons, namely, the investigating officer, the experts whose opinion is to be obtained, and thereafter the proceedings before the...
Judicial Service Recruitment | Supreme Court Requests High Courts To Notify An Authority Who Can Address Doubts & Grievances Of Candidates
In a recent judgment, the Supreme Court has flagged concerns about the absence of a designated authority by the High Courts which can be approached by the candidates of judicial services examinations to seek clarification in case of any doubt.By placing reliance on the report of Vidhi Centre for Legal Policy titled “Discretion & Delay- Challenges of Becoming a District & Civil Judge", the Bench comprising Justices Hrishikesh Roy and Prashant Kumar Mishra sought for the establishment of...
Supreme Court Questions MTP Act For Allowing Abortion Of Pregnancy Beyond 24 Weeks In Case Of Foetal Abnormality, But Not Minor Rape Or Incest
In a recent judgment, the Supreme Court expressed reservations about the Medical Termination of Pregnancy Act not allowing termination of pregnancy above the upper limit of 24 weeks in the case of minor victims of rape and incest, while allowing termination of such pregnancies if there are substantial foetal abnormalities.According to the Court, the legislature seems to have made a value judgment that a substantially abnormal foetus will inflict more aggravated injury on a pregnant person...
Judicial Service | Prescribing Minimum Qualifying Marks For Interview Doesn't Contravene Judgment In All India Judges Case (2002): Supreme Court
The Supreme Court held that the Rules prescribing minimum qualifying marks in the viva voce/interview for the selection process in the judicial services examinations don't violate the Judgment of All India Judges Case (2002)."The Justice Shetty Commission was constituted to bring about uniformity in service conditions of judicial officers. The recommendations made by the Commission are in the nature of guidelines and those will have to be seen in the context of the Rules governing...
Don't Name Innocent Individuals In 'History Sheets' Simply Based On Their Caste Or Disadvantaged Background: Supreme Court To State/ UTs
While exercising its suo moto powers, the Supreme Court on Tuesday (May 07) directed all States/Union Territories to revisit their policy concerning making mechanical entries in 'History Sheet' mentioning the details of the innocent individuals, who hail from the social, economic and educational disadvantaged backgrounds, along with those belonging to Backward Communities, Scheduled Castes...
History Sheet Can't Include Details Of Minor Children In Absence Of Evidence Against Them: Supreme Court In MLA Amanatullah Khan's Case
While deciding on a plea of AAP MLA Amanatullah Khan against the action of Delhi Police declaring him a 'bad character' by opening a 'history sheet' against him, the Supreme Court on Tuesday (May 07) modified the decision of the Delhi High Court to the extent that- details of Khan's minor school-going children and his wife, against whom there was no adverse material, wouldn't be included in...
Judicial Service | 'High Score In Written Exam Alone Doesn't Determine Merit' : Supreme Court Upholds Minimum Mark Criteria For Interview
The Supreme Court on Monday (May 6) upheld the constitutionality of the Rules stipulating minimum qualifying marks in the viva voce test as a part of the selection criteria for appointment to the District Judiciary in the States of Bihar and Gujarat.While rejecting the petitioners' contention that the prescription of minimum qualifying marks in the interview violates Articles 14 and 21 of...
Medical Board Must Report Physical & Mental Health Of Pregnant Person Even If Pregnancy Is Above 24-Weeks & There Are No Foetal Abnormalities: Supreme Court
In an important judgment, the Supreme Court observed that when a medical board formed in terms of the Medical Termination of Pregnancy (MTP) Act 1971 examines a pregnant person with a gestational age above twenty-four weeks, it must opine about the physical and mental health of the person, even if there are no substantial foetal abnormalities.The bench comprising Chief Justice of India...
Supreme Court Slams Authorities For Starting Airport Construction At Silchar Without Obtaining EC; Criticises NGT For Its Non-Interference
The Supreme Court on Monday (May 6) came down heavily upon the manner in which the National Green Tribunal (NGT) 'abdicated' its duties by not interfering in the construction of the Silchar Greenfield Airport Project which was proceeding without obtaining the mandatory prior Environmental Clearance.The Court also slammed the authorities for carrying out extensive clearance of the site (nearly...
Delhi VAT Act | Authorities Must Strictly Follow Time Limit To Process & Issue Refunds : Supreme Court
In a recent decision, the Supreme Court held that the department must mandatorily adhere to the time limit for processing and issuing the refunds under Section 38 of the Delhi Value Added Tax Act, 2004. “The language of Section 38(3) is mandatory and the department must adhere to the timeline stipulated therein to fulfill the object of the provision, which is to ensure that refunds...