Supreme court
Record ACRs Of Judicial Officers Without Delay : Supreme Court To High Court Judges
The Supreme Court on Tuesday (January 21) urged the High Court judges to record the Annual Confidential Reports (ACRs) of judicial officers promptly so that they do not lose opportunities of promotion.The Court also urged the appellate committees of the High Courts to decide the representations made by judicial officers regarding ACRs at the earliest.A bench comprising Justice BR Gavai,...
Serious Doubt About NGT's Jurisdiction To Direct Prosecution Under PMLA: Supreme Court
The Supreme Court recently expressed doubt over the National Green Tribunal's (NGT) jurisdiction to direct prosecution under the Prevention of Money Laundering Act, 2002 (PMLA).“There is a serious doubt about the jurisdiction of the NGT to direct prosecution of an individual under the PMLA. However, we are not going into this question, as the direction contained in paragraph 230 will have to...
Deoghar Airport Case : Supreme Court Affirms Quashing Of Jharkhand FIR Against BJP MPs, Asks Aircraft Act Authority To Decide On Filing Complaint
The Supreme Court on Tuesday (January 21) dismissed the appeals filed by the State of Jharkhand against the Jharkhand High Court's decision to quash an FIR against BJP MPs Nishikant Dubey, Manoj Tiwari, and other persons related to the 2022 Deoghar Airport incident.The Court however granted liberty to the State of Jharkhand to forward the materials collected by them during investigation to...
Supreme Court Weekly Round-Up: January 13, 2025 To January 19, 2025
Nominal IndexCitationsNational Insurance Company Ltd. v. Maya Devi and Others, Civil Appeal Nos. 15016-15017 of 2024 2025 LiveLaw (SC) 58Vijay Prabhu v. S.T. Lajapathie & Ors. 2025 LiveLaw (SC) 59State (GNCT of Delhi) v. Vipin @ Lalla 2025 LiveLaw (SC) 60Abdul Nassar v. State of Kerala 2025 LiveLaw (SC) 61State of Punjab v. Hari Kesh 2025 LiveLaw (SC) 62M/S Utkal Highways Engineers...
S.52A NDPS Act | Samples Be Drawn In Presence Of Accused As Far As Possible Though Not At Spot Of Seizure : Supreme Court Summarises Principles
The Supreme Court yesterday summarized the principles regarding Section 52A of the Narcotic Drugs and Psychotropic Substances Act (NDPS Act) emphasizing its purpose of ensuring both the safe disposal of seized contraband and introducing procedural safeguards to maintain the integrity of the evidence. The bench comprising Justices JB Pardiwala and R Mahadevan summarized the principles...
Order Passed On Oral Consent Given By Counsel Can't Be Reviewed On Ground That There Was No Written Consent : Supreme Court
The Supreme Court on Monday (January 20) emphasized that all constitutional courts in India accept oral statements made by counsels on behalf of parties, and an order cannot be reviewed solely on the ground that consent was not provided in writing.A bench of Justice Abhay S Oka and Justice Ujjal Bhuyan set aside an order of the Calcutta High Court that allowed a review petition in a...
Supreme Court Sets Aside Excise Duty Demand On Oil Marketing Companies For Inter-Supply Of Petroleum Products
In a significant relief for Oil Marketing Companies (OMCs), the Supreme Court ruled (Jan. 20) that prices under the MoU for inter-supply of petroleum products, designed to ensure smooth nationwide distribution, do not constitute "transaction value" and are exempt from excise duty due to their non-commercial nature. The Court emphasised that the inter-supply arrangement was not solely...
'Punjab Officials Stooped So Low' : Supreme Court Finds Disciplinary Punishment Against Doctor Vengeful, Sets Aside Penalty
The Supreme Court on Monday (January 20) granted relief to a retired Senior Medical Officer who was in service of the Punjab Government, by setting aside the order of penalty imposed on him in a disciplinary proceeding.The Court observed that the disciplinary proceedings were nothing but a ruse to wreak vengeance against the appellant for having dragged high officials of the Government of...
Mere Breach Of S.52A NDPS Act Not Fatal To Trial If Contraband Recovery Otherwise Proved : Supreme Court
Highlighting that substantive justice outweighs procedural irregularities, the Supreme Court recently upheld the conviction of an individual for possessing contraband, rejecting his plea for acquittal based on alleged non-compliance with Section 52A of the Narcotic Drugs and Psychotropic Substances Act, 1985 (“NDPS Act”). The Court observed that mere non-compliance with Section 52A would...
Police Arresting Accused After Filing Chargesheet & Court's Cognizance Makes No Sense : Supreme Court
The Supreme Court has deprecated the practice of police arresting an accused, who was not arrested during investigation after the Court has taken cognizance of the chargesheet.When the Court was informed that such a practice was being followed by the Uttar Pradesh police, it expressed surprise, terming the practice "unusual" . The Court said that such a practice does not make any sense.A...
Higher Court's Order Becomes Final, Trial Court's Order Gets Merged With It : Supreme Court Explains Doctrine Of Merger
Observing that there cannot be more than one decree or operative order governing the same subject matter at a given point in time, the Supreme Court explained the effect of merging the trial court's decree with that of the decree passed by the High Court in the second appeals. The doctrine speaks that once the superior court disposes of a case, whether by setting aside, modifying, or...