Supreme court
Is Interest On Solatium Payable From Date Of Land Acquisition Or Date Of 'Sunder' Judgment? Supreme Court Refers To 3-Judge Bench
The Supreme Court recently referred to a three judge bench the question of whether landowners whose land is acquired are entitled to interest on solatium from the date of land acquisition or only from the date when the judgment in Sunder v. Union of India was delivered (19.09.2001).A bench of Justice Surya Kant and Justice Ujjal Bhuyan directed the matter to be placed before a three-judge...
PMLA| Supreme Court Grants Bail To Money Laundering Accused Considering Age & Custody Period
The Supreme Court granted bail to Humayun Merchant, an alleged aide of Iqbal Mirchi (late gangster), in a money laundering case lodged by the Enforcement Directorate (ED). The Bench of Justices Sanjiv Khanna and Sanjay Kumar took into consideration that Merchant is 75 years of age and has already suffered actual incarceration for more than four years and nine months. The trial...
Complaint U/s.29 Of Industrial Disputes Act Must Contain Specific Pleadings Regarding Breach: Supreme Court
The Supreme Court on Tuesday (July 30) quashed criminal proceedings initiated under Section 29 (penalty for breach of settlement or award) of the Industrial Disputes Act, 1947 (ID Act) observing that the complaint did not contain specific pleading regarding breach of settlement or award binding on the accused employers.A bench of Justice Abhay Oka and justice Augustine George Masih set aside...
Social Capital & Networks Play Important Role In Legal Career; Lawyers From Marginalised Sections Face Difficulties: Supreme Court
The Supreme Court in its recent decision notably highlighted the economic struggles and systemic discrimination that law graduates from marginalised sections of society faced in the legal fraternity. The bench led by CJI DY Chandrachud and Justices JB Pardiwala and Manoj Misra observed that the exorbitant enrolment fee charged by State Bar Councils (SCBs) across the states created...
TN Entertainment Tax Act Not Applicable To Online Cinema Ticket Booking Charges : Supreme Court
The Supreme Court today (July 30) affirmed that entertainment tax cannot be levied on the internet service provided by the cinema owner under the Tamil Nadu Entertainment Tax Act, 1939. Justice BV Nagarathna orally marked that the extra charge is for booking the ticket from home. This, in turn, is the service that allows the customers to book the tickets by sitting at home and also...
Exorbitant Enrolment Fees Charged By State Bar Councils Violate Of Right To Profession, Dignity And Equality: Supreme Court
The Supreme Court in a significant ruling today held that exorbitant enrollment fees charged by the State Bar Councils (SBCs) violate an aspiring lawyer's right to choose a profession and dignity. Compelling lawyers from marginalised sections to pay hefty enrollment fees strikes at the heart of principles of equality. The bench led by CJI DY Chandrachud and Justices JB Pardiwala and Manoj...
Supreme Court Relaxes S.45 PMLA Conditions, Grants Bail Citing Long Custody & Time Needed To Complete Trial
The Supreme Court today granted bail to Ramkripal Meena, who is accused of leaking and distributing question papers of the Rajasthan Eligibility Examination for Teachers, 2021 (REET), for a payment of Rs.1.20 crores. The relief was granted in a case registered under the Prevention of Money Laundering Act (PMLA) in relation to the paper leak.The bench of Justices Surya Kant and Ujjal Bhuyan...
'ED Can't Arrest After Court Takes Cognizance' : Supreme Court Grants Anticipatory Bail To Odisha Officer In Money Laundering Case
The Supreme Court on Monday granted anticipatory bail to Odisha Administrative Service (OAS) Officer Bijay Ketan Sahoo, who is accused of money laundering filed by the Directorate of Enforcement (ED) in connection with a disproportionate assets case.A bench of Justice Abhay Oka and Justice Augustine George Masih made absolute an order dated June 24, 2024 granting Sahoo interim protection...
PC Act | Sanction Granted After Court Passed Cognizance Order Not Invalid : Supreme Court
The Supreme Court (recently on July 22) held that a sanction under Section 19(1) of the Prevention of Corruption Act won't be rendered invalid merely because it was granted after the trial court had taken cognizance of the chargesheet.The Court clarified that the ratio of its decision passed in Nanjappa v. State of Karnataka did not invalidate the sanction granted under Section 19(1) of...
Pension Can Be Claimed Only When It Is Permissible Under Relevant Rules : Supreme Court
While dealing with a batch of civil appeals filed by former employees of Uttar Pradesh Roadways seeking pensionary benefits, the Supreme Court recently held that pension can be claimed only under relevant rules or scheme. If an employee is covered under the Provident Fund Scheme and is not holding a pensionable post, he cannot claim pension."pension is a right and not a bounty. It is...
Supreme Court Biannual Digest 2022 -2023: Code Of Criminal Procedure
Code of Criminal Procedure 1973High Courts should endeavour to ensure that all basic essentials (i.e. FIR No., Date, the concerned police station and the offences allegedly committed etc.) are duly recorded or reflected in the format of the bail orders. Ravish Kumar v. State of Bihar, 2023 LiveLaw (SC) 206No accused can be permitted to play with the investigation and/or the court's process....