Supreme court
Mens Rea As Intent Not Required In Medical Negligence Cases: Supreme Court
The Supreme Court observed that mens rea as intent is not required in a case of medical negligence.The bench of Justices AM Khanwilkar and Sanjiv Khanna observed that before summoning the accused in a criminal medical negligence complaint, the complainant has to lead medical evidence or examine a professional Doctor by the complainant in support of his case made out in the complaint.In this...
Delhi Cantt Case: Plea In Delhi HC Seeks Registration Of FIR Against Rahul Gandhi For Publishing Photograph Of Rape Victim's Parents On Twitter
A plea has been filed in the Delhi High Court seeking registeration of FIR and appropriate legal action against Congress Leader Rahul Gandhi for disclosing sensitive details and publishing photographs of family of 9 year old victim allegedly gang-raped and murdered in Delhi Cantt area on social media platform Twitter.The plea filed by a social activist Makarand Suresh Mhadlekar through...
Fact Check : Viral Message About Establishment Of Supreme Court Bench At Bangalore Is Fake News
A message is viral in social media and WhatsApp groups that the Union Government has approved the establishment of a bench for the Supreme Court in Bangalore.The viral message reads as follows :"Supreme Bench Court in BangaloreThe Union of India in consultation with His Excellency the President of India and the Hon'ble Court Chief Justice of India has decided to establish the permanent Bench...
Flipkart &Amazon Challenge Against CCI Probe : Supreme Court To Hear On August 9
The Supreme Court on Friday adjourned to August 9 the hearing of the petitions filed by filed by e-commerce giants Amazon and Flipkart challenging the orders of the Karnataka High Court which refused to interfere with the preliminary enquiry ordered by the Competition Commission of India (CCI) into their alleged anti-competitive practices.The impugned order was passed by the CCI in January...
Supreme Court To Hear Banks' Challenge Against RBI's RTI Notices For Disclosures On August 17
The Supreme Court on Friday adjourned hearing of the pleas filed by Banks challenging the notices issued by the Reserve Bank of India to them under Section 11(1) of the Right to Information Act as regards the inspection reports/ risk assessment reports for the years FY17-18 and FY18-19.Allowing the request made by Senior Advocate Mukul Rohatgi, appearing for one of the petitioner-Banks, a...
Bombay High Court Dismisses Raj Kundra's Plea Challenging his Remand Order in Porn Racket Case
The Bombay High Court on Saturday dismissed the petitions filed by Raj Kundra and his associate Ryan Thorpe challenging remand orders passed by the Metropolitan Magistrate in the alleged porn film racket, therefore seeking release from custody.Justice AS Gadkari, while pronounced the order, said: "the remand to custody by the Metropolitan Magistrate is within conformity of law and does not...
Can A State Prescribe Qualification For Admission To Medical Courses Higher Than Minimum Eligibility Criteria Prescribed by MCI?: SC To Consider
The Supreme Court will consider on August 13 the issue as to whether a state has the competence to prescribe rules providing for higher/additional qualifications for admission to medical courses than the minimum eligibility criteria laid down by the Centre or the Medical Council of India. The bench of Justices D. Y. Chandrachud and M. R. Shah was hearing the state of Assam's SLP...
Should Disobedience Of Injunction Be 'Wilful' To Invoke Order 39 Rule 2A CPC? Supreme Court Doubts Its Earlier Judgment
The Supreme Court doubted the correctness of its earlier judgment that had held that Order XXXIX, Rule 2-A of the Code of Civil Procedure requires not "mere disobedience" but "wilful disobedience.A bench comprising Justices RF Nariman and BR Gavai made this observation in the Amazon-Future Retail case.Rule 2-A is primarily intended to enforce orders passed under Order XXXIX, Rules 1 and 2,...
'Party Autonomy One Of The Pillars Of Arbitration' : Key Takeaways From Amazon- Future Retail Judgment Of Supreme Court
The Supreme Court in its judgment in Amazon.com NV Investment Holdings LLC vs. Future Retail Limited held that an award/order by an Emergency Arbitrator would be covered by Section 17 of the Arbitration and Conciliation Act and it can be enforced under the provisions of Section 17(2). It also held that no appeal lies under Section 37 of the Arbitration Act against an order of enforcement of...
Controversial 'Skin-to-Skin' Judgment In POCSO Case : Supreme Court Posts Attorney General's Appeal For Final Hearing On August 24
The Supreme Court on Friday posted the appeal filed by the Attorney General for India against the controversial judgment passed by the Bombay High Court (Nagpur Bench) in a POCSO case for final hearing on August 24.A bench comprising Justices UU Lalit and Ajay Rastogi also appointed Senior Advocate Siddhartha Dave as an amicus curiae in the matter.As per the impugned judgment, the High Court...