Supreme court
Doctrine Of Merger Not Applicable To Order Dismissing SLP; But If The Order States A Principle Of Law, It Is Binding : Supreme Court
Even though the doctrine of merger is not applicable to an order dismissing a special leave petition, if such an order states a principle of law, it will be binding on all courts and tribunals in the country, held the Supreme Court."The statement contained in the order other than on points of law would be binding on the parties and the court or tribunal, whose order was under challenge on...
TODAY AT 5PM -Gandhi Jayanti Webinar On "Gandhian Influence On Law" By Tripura HC Chief Justice Akil Kureshi
LiveLaw in association with Delhi High Court Women Lawyers Forum is organizing a webinar on "Gandhian Influence On Law" on Gandhi Jayanti Day.Justice Akil Kureshi (Chief justice, Tripura High Court) will be the distinguished speaker.Advocates Prachi Dutta and Nandita Rao will moderate the session.The details of the Webinar are as follows:-Date and time:- October 2, 2021 (Saturday), 05...
The Medical Termination of Pregnancy (Amendment) Act, 2021- Progressive But Not Far Enough
The Medical Termination of Pregnancy (Amendment) Act, 2021[1] ('Act') has come into force with effect from 24th September 2021. The Act amends the Medical Termination of Pregnancy Act 1971 ('MTP Act') which regulates the conditions under which medical termination of pregnancy be pursued. The Act inter alia modifies Section 3 of the MTP Act to extend the upper limit for medical termination of pregnancy to 24 weeks, from the present stipulation of 20 weeks, for certain categories of women...
Section 92 Evidence Act - Oral Evidence Admissible Only To Show That The Document Is Sham: Supreme Court
The Supreme Court has observed that Section 92 of the Indian Evidence Act bars giving of oral evidence on a written document except to prove that the document reflects a sham transaction."...the oral evidence of a written agreement is excluded except when it is sought to be alleged the document as a sham transaction", a bench comprising Justices Hemant Gupta and V Ramasubramanian observed in...
100% Domicile Reservation In PG Medical Seats : Supreme Court Seeks MP Govt Response
The Supreme Court today issued notices to the State of Madhya Pradesh and the Medical Council of India seeking a reply on the validity of 100% reservation made for domicile and residents of M.P. in P.G. Medical Courses of the State. A Two Judge Bench of the Supreme Court comprising Justice L. Nageshwar Rao and Justice B.R. Gavai issued the notice on a Special Leave Petition filed by the...
"State Protecting Its Police Officers": Supreme Court Imposes ₹7 Lakh Costs On UP Govt In A 19 Year Old Encounter Killing Case
Imposing interim costs of ₹7 lakh on the State of Uttar Pradesh in an encounter killing case that took place over 19 years ago (in the year 2002), the Supreme Court today rebuked the State for its lackadaisical approach to book accused police officers.Calling it a 'serious case', the Bench of Justice Vineet Saran and Justice Aniruddha Bose took note of the 'laxity' with which State proceeded...
Supreme Court Grants Protection To Suspended Chhattisgarh IPS Officer In Sedition & Extortion Cases; Refuses Protection In PC Act Case
The Supreme Court on Friday refused to grant protection to suspended Additional Director General of Police Gurjinder Pal Singh in a case filed against him under the Prevention of Corruption Act. A Bench compromising the Chief Justice of India NV Ramana, Justice Surya Kant and Justice Hima Kohli has however granted him protection in the sedition and extortion case filed against...
Marriage Had Not Taken Off From The Very Beginning, Living Apart For More Than 19 Years': SC Grants Divorce For Irretrievable Break Down Of Marriage
The Supreme Court on Wednesday exercised its powers under Article 142 of the Constitution to grant divorce to a couple on account of irretrievable break down of marriage. The Court noted that the marriage had 'not taken off from the very beginning' and that the couple had been living separately for more than 19 years. A Bench comprising Justices Sanjay Kishan Kaul and M.M Sundresh...
Supreme Court Holds 9 Tamil Nadu Govt Officers Guilty Of Contempt Of Court For Not Implementing Orders
The Supreme Court on Friday held 9 officers of the Tamil Nadu Government guilty of contempt of court for not implementing a direction to revise the seniority list of officers in the Public Works Department.A bench comprising Justices L Nageswara Rao and BR Gavai held that the officers have committed civil contempt of court for not following the order passed by the Supreme Court on January...
Permanent Commission: Supreme Court Asks Centre To Specify Grounds For Rejecting The Claim Of 72 Women Army Officers
The Supreme Court on Friday directed that there shall be no immediate release until the next date of hearing of the women officers of the Indian army who have moved the Court claiming that they have been denied Permanent Commission in violation of the March judgment of the Court.The bench of Justices D. Y. Chandrachud and B. V. Nagarathna acceded to the request of the Centre for a...
Denial Of Maternity Benefits To Mothers Adopting Children Aged Less Than 3 Months Challenged In Supreme Court
The Supreme Court today has issued notice in a public interest litigation challenging the constitutionality of section 5(4) of the Maternity Benefit (Amendment) Act, 2017 ("impugned provision") which entitles maternity period benefits for a period of 12 weeks to only those mothers who are adopting a child below the age of three months. A bench of Justices S Abdul Nazeer and...
Forcing Party To Undergo DNA Test Against Will Impinges On Personal Liberty & Right To Privacy : Supreme Court
The Supreme Court has observed that forcing an unwilling party to undergo DNA test impinges on personal liberty and right to privacy."When the plaintiff is unwilling to subject himself to the DNA test, forcing him to undergo one would impinge on his personal liberty and his right to privacy", observed a bench comprising Justices R Subhash Reddy and Hrishikesh Roy."In circumstances where...