Supreme Court Quashes Culpable Homicide Charge Against Doctor For Patient's Death After Nurse's Injection Over Phone Instruction, Directs Trial For Negligence

The Supreme Court recently quashed the charge of culpable homicide (Section 304, Part 1 of the Indian Penal Code) against a doctor who gave telephonic instruction to a nurse to administer an injection, which led to a patient's death due to an adverse reaction.A bench comprising Justices Vikram Nath and Sandeep Mehta but directed the trial court to proceed with the case under Section...

Senior Designations Can't Be Monopoly Of SC & HC Advocates : Supreme Court Flags Lack Of Opportunities For Trial Court Lawyers

The Court noted that trial court lawyers won't be able to score points for 'reported judgments'.

Kerala Paddy Land Act | No Exemption From Conversion Fee If Land Exceeds 25 Cents : Supreme Court

The Supreme Court held that exemption from conversion fee as per Section 27A of the Kerala Conservation of Paddy Land & Wetlands Act, 2008 will not apply to properties exceeding 25 cents.The Court set aside the judgment of the Kerala High Court which held that the conversion fee for a land, which has an extent of more than 25 cents, should be computed after reducing 25 cents.A...

Supreme Court Disapproves Of High Court Interdicting Insolvency Process Against Personal Guarantor At Threshold Stage In Writ Jurisdiction

The Supreme Court while deciding an appeal pertaining to insolvency proceedings initiated against a personal guarantor, observed that the High Court should not have prohibited such proceedings by holding that the guarantor's liability has been waived. “It is well-settled that when statutory tribunals are constituted to adjudicate and determine certain questions of law and fact, the High...

'Mediation Cannot Be Forced Without Consent Of Both Parties' : Supreme Court Sets Aside Calcutta HC's Mediation Reference In Contempt Matter

The Supreme Court recently expressed surprise at the Calcutta High Court 'directing' parties to mediation without the consent of both the parties, that too in a contempt proceeding. It emphasized that mediation is only permissible when both parties consent to resolving the dispute through that process. The bench comprising Justices BR Gavai and AG Masih was hearing a petition arising out of...

'Ignores Principle Of Public-Private Partnerships' : Supreme Court Quashes HC Direction To TN Govt To Take Over Formula 4 Racing Event

The judgment also discussed the relevance of Public-Private Partnerships, especially in the context of State's inadequate resources.

Supreme Court Directs Registry To Consider SCAORA's Suggestion For Regular Open Houses To Address Case Filing Issues

The Supreme Court today (February 20) directed the Registry to take action on the Supreme Court Advocates'-On-Record Association's (SCAORA) suggestion to hold regular Open House sessions to discuss process adopted by the Registry regarding verifying newly filed cases.A bench of Justice Abhay S Oka and Justice Augustine George Masih made these observations in a judgment establishing guidelines...

Vehicle Insurance Condition That Claim Will Be Accepted Only If Accident Occurs Within Premises Of Insured Is Absurd : Supreme Court

The Supreme Court recently (on February 12) observed that an insurance policy condition that the insurer would not be liable if the vehicle is used in any place other than the insured's premises is absurd. Given that the insured vehicle was a crane, the Court expressed its disappointment and said that cranes are always used at construction sites, and neither party pointed out...

Advocate-on-Record Who Filed Petition Liable For Wrong Statement Even If It Was Drafted By Another Advocate : Supreme Court

The Court observed that AoRs should not be merely lending names for the filing of petitions and should assume responsibility for the contents

'Can't Assume Indian Manufacturers Are Incapable' : Supreme Court Criticises Gwalior Municipality For Restricting Tender To Foreign Companies

The Supreme Court recently criticized the Gwalior Municipal Corporation (GMC) for its arbitrary tendering process, allowing only multinational brands to submit bids, purportedly to ensure quality assurance. The Court noted that the GMC's action of excluding Indian firms from the tender process suggested a belief that they were inherently incapable of competing with multinational corporations...

'Point-Based Assessment Has Defects' : Supreme Court Flags Concerns With Senior Designation Process, Refers Matter To CJI

In a significant development, the Supreme Court on Thursday (February 20) expressed certain concerns with the senior designation system, which has been laid down as per the two judgments rendered by the Top Court in the Indira Jaising case in 2017 and 2023.A two-judge bench comprising Justice Abhay S Oka and Justice Augustine George Masih, clarifying that it was not disrespecting the two...

Supreme Court Grants Bail in PMLA Case Citing Trial Delay & Long Custody, Distinguishes Recent Precedent

Citing prolonged incarceration and the likelihood of delay in the completion of the trial, the Supreme Court recently granted bail to the accused in a money laundering case. The bench comprising Justices Abhay S. Oka and Ujjal Bhuyan was hearing the plea of Udhaw Singh, who had been in custody for 14 months. The Enforcement Directorate (ED) had listed 225 witnesses for examination, yet only...