Supreme Court Criticises HC For Refusing BAMS Degree To Student After Allowing Him To Complete Course Through Interim Orders

The Supreme Court on Tuesday (March 18) provided relief to a BAMS (Bachelor of Ayurvedic Medicine and Surgery) student to whom degree was denied on the ground that he did not meet the eligibility criteria of having studied English in 10+2 class at the time of the admission to the Course. The bench comprising Justice Sanjay Kumar and Justice A.G. Masih ordered the issuance of the BAMS...

Appearance Of Only Advocates Physically Present & Arguing In Court & One Advocate Assisting In Court Will Be Recorded: Supreme Court

Apart from the arguing Advocate, the appearance Of only one assisting Advocate can be recorded, the Court said.

Supreme Court Weekly Digest March 2025 [March 10 - 16, 2025]

Citations 2025 LiveLaw (SC) 298 to 2025 LiveLaw (SC) 310Administrative LawCompliance with Court Orders - Delay and Obstination - Harassment of Daily Wage Workers - The Supreme Court dismissed a Special Leave Petition filed by the Union Territory, observing that the case presented a "glaring and textbook example of obstination" by state officials who took 16 years to comply with a High...

Motor Accident Claims | Supreme Court Asks High Courts/Tribunals To Direct Transfer Of Compensation To Claimants' Bank Accounts

The Supreme Court today (March 18) emphasized the need for the direct transfer of motor accident claim compensation to claimants' bank accounts to minimize delays and ensure timely payments. “The general practice followed by the insurance companies, where the compensation is not disputed, is to deposit the same before the Tribunal. Instead of following that process, a direction can always...

International Commercial Arbitration | How To Determine Law Governing Arbitration Agreement? Supreme Court Discusses Tests

In a significant judgment relating to International Commercial Arbitration, the Supreme Court today (March 18) ruled that in the absence of an express law governing the arbitration agreement, the applicable law should be determined based on the parties' intentions, with a strong presumption in favor of the law governing the main contract (lex contractus). The bench comprising Chief...

Cheque Dishonour By Itself Doesn't Create S.138 NI Act Offence; It Arises On Failure To Pay After 15 Days Of Demand Notice Receipt : Supreme Court

The Supreme Court has explained that the cause of action for the offence under Section 138 of the Negotiable Instruments Act, 1881 (NI Act) arises not on the dishonour of the cheque but when the amount remains unpaid after the expiry of fifteen days following the receipt of the demand notice.The bench comprising Justice Sudhanshu Dhulia and Justice Ahsanuddin Amanullah was deciding the plea of...

Rajendra Agricultural University Statutes | Default Retiral Benefit Scheme Is Pension & Gratuity Unless Employee Specifically Opts For Contributory Provident Fund: Supreme Court

The Supreme Court ruled in favor of a retired University professor. A Bench of Justices Pamidighantam Sri Narasimha and Manoj Misra held that under the Rajendra Agricultural University Statutes, 1976, the default retiral benefit scheme is General Provident Fund-cum-pension-cum-gratuity, unless an employee specifically opts for the Contributory Provident Fund scheme. The Court set aside...

'Lalita Kumari' Judgment Doesn't Create Absolute Rule That Preliminary Enquiry Is Necessary In Every Case Before FIR : Supreme Court

The Supreme Court observed in a recent judgment that the landmark decision in Lalita Kumari v. Government of Uttar Pradesh & Ors(2014) "does not create an absolute rule that a preliminary inquiry must be conducted in every case before the registration of an FIR."The Court added that the Lalita Kumari decision reaffirmed "the settled principle that the police authorities are obligated...

No S.138 NI Act Case Against Ex-Director Of Company When Cause Of Action Arose After IBC Moratorium Was Declared: Supreme Court

The Supreme Court held that if the cause of action for the offence of cheque dishonour under Section 138 of the Negotiable Instruments Act, 1881 (NI Act) has arisen after the declaration of moratorium with respect to the company as per the Insolvency & Bankruptcy Code, 2016 (IBC), then the proceedings under S.138 NI Act cannot be continued against the ex-director of the company. The...

PMLA | Money Laundering Offence Continues So Long As Proceeds Of Crime Are Concealed, Used Or Projected As Untainted : Supreme Court

The judgment also called for a stricter approach by Courts at pre-trial stage in PMLA cases given the grave consequences of the offence.

Auroville Residents Have No Right To Be Part Of Council/Committee Formed By Foundation's Governing Body : Supreme Court

The Residents' Assembly can only advise and make recommendations to the Governing Body of the Auroville Foundation, the Court held.

Supreme Court Sets Aside NGT Bar On Auroville Township Project, Says Development Equally Important As Environment Protection

The Supreme Court on Monday (March 17) set aside the order of the National Green Tribunal which barred the Auroville Foundation from developmental activities in their township in Puducherry.A bench comprising Justice Bela M Trivedi and Justice Prasanna B Varale allowed the appeal filed by Auroville Foundation against the order passed by the NGT Southern Zone Bench in April 2022, which barred...