Supreme court
No Absolute Right To Choose Place Of Burial; State Has Duty To Provide All Religious Communities Places For Last Rites: Justice SC Sharma
Today, the Supreme Court delivered a split verdict on the plea of a Christian man from Chhattisgarh to bury the dead body of his father, a pastor, either in the burial ground of their native village Chindwara or in their private agricultural land. While Justice B.V. Nagarathna allowed the appellant to bury his father in his private agricultural property, Justice Satish Chandra Sharma held...
Police Shouldn't Serve S.41A CrPC/S.35 BNSS Notice Through WhatsApp Or Electronic Means: Supreme Court
The Supreme Court has directed that police should not serve notice for appearance to the accused/suspect as per Section 41A of the Code of Criminal Procedure (Section 35 of the Bharatiya Nagarik Suraksha Sanhita) through WhatsApp or other electronic modes.The Court made it amply clear that the service of notice through WhatsApp or other electronic modes cannot be considered or recognised as...
Unfair To Classify Carpenter As Unskilled Worker; Carpentry Is Skilled Job : Supreme Court
A carpenter cannot be regarded as an unskilled worker, observed the Supreme Court while deciding an appeal to enhance motor accident compensation.The case was regarding the claim made by a carpenter who lost his right hand following a motor vehicle accident in 2014. Since there was no documentary evidence regarding his income, the Court said that it has to rely upon the minimum wages notified...
When Scope Of Appeal Is Limited To Delay Condonation, Merits Of Matter Can't Be Considered : Supreme Court
The Supreme Court (recently on January 22) observed that when the scope of an appeal before the High Court is limited to condonation of delay, it should not touch upon the merits of a matter. Elaborating, the Court said that once the delay is condoned, the case's merits can be examined by the appellate tribunal.“This we say so because the scope of the appeal before the High Court was limited...
Maharashtra Stamp Act | Limitation Period For Refund Starts From Execution Of Cancellation Deed, Not Its Registration: Supreme Court
Observing that the right to claim a refund of stamp duty originates from the date of execution of the cancellation deed, the Supreme Court on Friday (January 24) directed the refund of stamp duty to flat owners whose claim had been rejected on limitation grounds. The bench comprising Justices Vikram Nath, Sanjay Karol, and Sandeep Mehta was hearing the case relating to the refund of the...
Supreme Court Annual Digest 2024: Prevention of Money Laundering Act, 2002
Whether the High Court was justified in quashing the summons issued to the respondent merely on the premise that the respondent was discharged in the predicate offence. The permissibility of continuing proceedings under the PMLA, despite the discharge in the predicate offence. Held, the issuance of summons cannot be quashed solely because the respondent has been discharged in the...
While Dismissing State's Appeal, Supreme Court Notes Accused Was Assaulted In Custody; Orders Action Against Police Officials
While dismissing a criminal appeal filed by the State of Uttarakhand, the Supreme Court noted that the accused was subjected to custodial torture.Affirming his acquittal in a murder case, the Court directed the jurisdictional District Magistrate to hold an inquiry into the incident of custodial violence against the accused and initiate appropriate proceedings following the law against the...
'Attempt To Transform Civil Dispute Into Criminal Matter', Supreme Court Quashes Workplace Harassment Case
The Supreme Court on January 24 quashed a workplace harassment case filed by a female employee against her colleagues, observing that the allegations arose from employment disputes that had been exaggerated into a criminal matter.The Court noted that the proceedings against the appellants were a deliberate “attempt to reclassify the nature of the proceedings from non-cognizable to cognizable...
Supreme Court Disposes Of 2009 PIL Against Mayawati Statues, Asks All Parties To Follow ECI Directions On Use Of Public Funds
The Supreme Court on January 15 disposed of a 2009 Public Interest Litigation which was filed against the construction of statues of Former UP Chief Minister Mayawati, her mentor Kanshi Ram and elephants - her party Bahujan Samaj Party (BSP)'s symbol - at parks in Lucknow and Noida with taxpayers' money when she was chief minister between 2007 and 2012.A bench of Justices B.V. Nagarathna...