Supreme court
Governor Can't Reserve Bill For President's Assent After It Was Re-Enacted By Assembly : Supreme Court
In an important judgment interpreting Article 200 of the Constitution, the Supreme Court has held that a Governor cannot reserve a Bill for the assent of the President once it has been re-enacted by the State Legislative Assembly after the Governor had withheld his assent in the first instance.The Court held that if the Governor has to reserve a Bill for the President's assent, then it must...
MBBS Admission: Supreme Court Asks AIIMS Medical Board To Assess Disability Of Candidate Who Performed 'Exceedingly Well' In NEET
The Supreme Court recently directed the AII India Institute of Medical Science (AIIMS) to constitute a medical board comprising of five doctors including a specialist in locomotor disabilities and a neuro-physician for the assessment of an MBBS aspirant's disability in terms of the Court's judgment in Om Rathod v. Director General of Health Sciences (2024) and Anmol v. Union of India &...
Supreme Court Flags Misuse Of Rape Laws After Break-Ups, Quashes Case Against Ex-Judge Over Alleged Marriage Promise
Reiterating that a breach of promise to marry does not constitute rape unless it is proven that consent was obtained through fraud from the outset, the Supreme Court quashed a rape case against a former judicial officer accused of raping a woman under the false promise of marriage. The bench comprising Justices BV Nagarathna and Satish Chandra Sharma noted that the complainant was a mature...
After Split Verdict, Supreme Court Rejects Rajasthan Civil Judge Candidates' Plea To Submit Caste Certificates Beyond Cut-Off Date
After a split verdict in the matter, a three-judge bench of the Supreme Court today dismissed appeals filed by certain candidates to the post of Civil Judge, who were denied appointment by Rajasthan High Court on the ground that they submitted category certificates beyond the cut-off date.A bench of Justices Abhay S Oka, Ahsanuddin Amanullah and AG Masih delivered the decision, upholding...
WB SSC Scam | Supreme Court Sets Aside Calcutta HC Direction For CBI Investigation Into Govt Decision For Supernumerary Posts
The Supreme Court today (April 8) set aside the Calcutta High Court's direction for CBI investigation into the supernumerary posts created by the West Bengal Government during the pending challenge to the 2016 WB SSC Appointments in the High Court. Notably, the Apex Court on April 3 had upheld the decision of the Calcutta High Court, which invalidated nearly 25000 teaching and non-teaching...
"Pocket Veto Impermissible" : Supreme Court Lays Down Timelines For Governor's Actions On Bills Under Article 200
In a significant judgment, the Supreme Court on Tuesday (April 8) set time limits for the decisions by the Governors under Article 200 of the Constitution on the bills sent to them by the State Legislative Assemblies.The Court made it clear that the Constitution does not permit the Governor to exercise "absolute veto" or "pocket veto" by not taking any action on the bills...
'Moral Policing Not Court's Function': Supreme Court Sets Aside HC Order Imposing Costs For Tweets Against Jain Priest
The Supreme Court on Tuesday (April 8) set aside a Punjab and Haryana High Court order that imposed cost of Rs. 10 Lakhs each on musician Vishal Dadlani and activist Tehseen Poonawala for allegedly insulting Jain Saint Tarun Sagar on Twitter, despite quashing the FIR registered against them.A bench of Justice Abhay Oka and Justice Ujjal Bhuyan observed that the High Court should not have...
Supreme Court Sets Aside TN Governor's Decision To Reserve 10 Bills For President's Assent; Says He Acted Without Bona Fides
The Supreme Court today (April 8) held that the action of the Tamil Nadu Governor Dr RN Ravi withholding assent for 10 bills, the oldest of them pending since January 2020, and reserving them to the President after they were re-enacted by the State Legislature is "illegal and erroneous" in law and liable to be set aside.Any consequential steps which might have been taken by the President on...
Insurance Claim Cannot Be Denied For Breach Of Impossible Condition : Supreme Court
The Supreme Court held that an insurance company cannot reject a claim on the grounds of breach of a condition in the contract that was impossible to fulfill. A bench comprising Justices B.V. Nagarathna and Satish Chandra Sharma upheld the insured's marine claim, which New India Assurance Co. Ltd. had rejected on the grounds that the insured breached a condition requiring the voyage to start...
SEBI Can't Pass Multiple Orders On Same Cause Of Action; Res Judicata Principle Applies : Supreme Court
Reiterating that the principle of res judicata applies to quasi-judicial proceedings, the Supreme Court today (April 7) upheld the Securities Appellate Tribunal's decision, which held that SEBI's subsequent disgorgement order was barred by res judicata, as its earlier order had not directed disgorgement. The Court invoked the principle of constructive res judicata (as per Explanation IV...