Supreme court
Motor Accident Compensation| Supreme Court Allows Compensation In Excess Of Claim On Payment Of Additional Court Fee
Recently, the Supreme Court reiterated that there's no restriction upon the Motor Accident Claim Tribunal (“MACT”) to award compensation exceeding the amount claimed by the claimant. The Court said that if the claimant is entitled to a higher amount than claimed, than he's entitled to be paid the actual compensation as determined by the court.The bench comprising Justices PS Narasimha...
Article 341 Intends To Only Give 'Constitutional Identity' To Scheduled Castes; Not To Hold Them As 'Homogenous Class' : Supreme Court
The Supreme Court in its recent decision allowing sub-classification of Scheduled Castes(SCs), observed that Article 341 does not create a 'deeming fiction' and only bestows a 'constitutional identity' upon those backward communities which are listed as Scheduled Castes. The 7-judge Constitution Bench, by 6:1 majority, held that the purpose of Article 341 was to only give a legal recognition...
Transferring Public Property At Nominal Price Arbitrary; States' Right Can Be Sold Only By Auction/Transparent Process : Supreme Court
The Supreme Court observed that the rights of the State in the property/land can be transferred only by adopting a fair and transparent process by which the State fetches the best possible price.“The rights of the State as the lessor can only be sold by a public auction or by any other transparent method by which, apart from the lessee, others too get a right to submit their offer. Selling...
Sub-classification Of Castes Would Amount To States Tinkering With Presidential List : Justice Bela Trivedi's Dissent
The Supreme Court bench of seven judges headed by the Chief Justice of India (CJI) Dr D.Y. Chandrachud and comprising Justices B.R. Gavai, Vikram Nath, Bela M. Trivedi, Pankaj Mithal, Manoj Misra and Satish Chandra Sharma, by 6:1 majority, has held that sub-division of Scheduled Caste to provide reservation to the weakest out of the weak is permissible.Justice Bela dissented. Justice...
Exploring Dr. Ambedkar's Influence On Justice Gavai's Judgment In Caste Sub-Classification Case
In his judgment allowing sub-classification within Scheduled Castes (SCs), Justice BR Gavai of the Supreme Court drew extensively on the views of Dr. BR Ambedkar to address concerns and validate the decision. The judgment extensively references Ambedkar's thoughts on social justice, equality, and the upliftment of disadvantaged groups, using them as a foundation to support...
Supreme Court Prima Facie Disagrees That Second SLP Can Be Filed If First SLP Was Dismissed Without Any Reasons Or Was Withdrawn
The Supreme Court, recently (on July 29), has prima facie disagreed with the view that in cases where a special leave petition (SLP) was dismissed by way of a non-speaking order or withdrawal, the remedy of filing a fresh SLP still exists. Pertinently, this view was taken by a Division Bench of the Top Court in the case of S. Narahari And Ors. v. S.R. Kumar And Ors. However, in...
Gujarat Value Added Tax Act | 'Purchase Price' Definition Doesn't Include Value Added Tax : Supreme Court
While Interpreting the definition of the 'Purchase Price' under the Gujarat Value Added Tax Act of 2003 (“GVAT”), the Supreme Court on Friday (August 2) observed that the value-added tax would not be included in the definition of the purchase price. The Court held that no value-added tax would be added to the purchase price to calculate tax as the same is not mentioned in the categories...
Supreme Court Approves Dismissal Of Employees Given Compassionate Appointment On Forged Documents, Questions Railways' Lapse
While dismissing the employees who were granted a compassionate appointment by the Railways based on forged and fabricated documents with respect to the employment of their respective fathers, the Supreme Court on Thursday (August 1) expressed displeasure over the inactions of the Railways in appointing the employees based on questionable documentation, which was later found to be...
Supreme Court Asks Expert Committee To Suggest Reforms For Better Administration Of NEET-UG Exam
While refusing to cancel the NEET-UG exam held on May 5 this year on account of paper leak and malpractices, the Supreme Court today expanded the mandate for a 7-member expert committee constituted by the Union government to look into NEET paper leak and other malpractices.A bench of CJI DY Chandrachud and Justices JB Pardiwala, Manoj Misra delivered the judgment and prescribed the mandate...
National Housing Bank Act | No Vicarious Liability For Directors Without Specific Pleading That They Were Responsible For Company's Business : Supreme Court
The Supreme Court on Thursday (August 1) held that a complaint against company's directors for offence committed by the company under the National Housing Bank Act, 1987 must contain specific averments that the directors were responsible for the business of the company at the time of the offence.A bench of Justice Abhay Oka and Justice Augustine George Masih quashed a complaint against...
