Supreme Court Quarterly Digest - Constitution Of India [Jan-Mar, 2024]

Constitution - Supreme Court Quarterly Digest 2024 Article 13 – Scope of Judicial Review in matters of economic policy – Courts must adopt a less stringent form of judicial review while adjudicating challenges to legislation and executive action which relate to economic policy as compared to laws relating to civil rights such as the freedom of speech or the freedom of religion....

TN Industrial Establishments Act | Permanent Status Can't Be Denied To Workmen Who Worked Uninterruptedly For 480 Days In 24 Months : Supreme Court

In a recent decision relating to the grant of permanent status to the workmen employed in the industrial establishments in the State of Tamil Nadu, the Supreme Court held that the TN Medical Services Corporation could not deny the permanent status to the workmen if they have worked consecutively for more than 480 days in a period of twenty-four calendar months in the commercial...

Supreme Court Quarterly Digest 2024- ARBITRATION (Jan - Mar)

SUPREME COURT QUARTERLY DIGEST 2024Arbitration and Conciliation Act, 1996An award could be said to be against the public policy of India in, inter alia, the following circumstances: 1. When an award is, on its face, in patent violation of a statutory provision 2. When the arbitrator/Arbitral Tribunal has failed to adopt a judicial approach in deciding the dispute. 3. When an award is in...

Litigants Should Be Allowed To Appear Virtually If Court Thinks Their Presence Is Required : Supreme Court

Observing that the personal presence of the litigant suffering from ailments can be sought through a virtual medium when there's a facility in the High Court to appear through a virtual mode, the Supreme Court on Monday (May 20) provided a relief to the litigant by staying an operation of the Calcutta High Court's order which had directed the personal appearance of the litigant.The Vacation...

PMLA Accused Who Has Spent Half Of Maximum Sentence As Undertial Can Be Given Bail Under S.436A CrPC : Supreme Court

The Court added that if the trial was delayed at the instance of the accused, then bail under S.436A CrPC can be denied.

NDPS Act | Confiscation Of Vehicle Can't Be Ordered Without Hearing Its Registered Owner : Supreme Court

The Supreme Court has held that an order passed under the Narcotic Drugs and Psychotropic Substances Act 1985 (NDPS Act) for the confiscation of a vehicle will be illegal if it was passed without hearing the owner of the vehicle.Referring to Section 63 of the NDPS Act, the Court said that an order confiscation of an article cannot be passed until the expiry of one month from the date of...

If Hemant Soren Is Granted Interim Bail For Campaigning, Then All Jailed Politicians Will Seek Similar Treatment: ED Tells Supreme Court

In the latest development, the Enforcement Directorate has filed a reply before the Supreme Court, opposing the interim bail plea of former Jharkhand Chief Minister Hemant Soren, who is in judicial custody since his arrest by the agency in a money laundering case related to an alleged land scam.It may be mentioned that up until May 17, a bench comprising Justices Sanjiv Khanna and Dipankar...

To Punish A Person For Casteist Insults Under SC/ ST Act, Comments Have To Be Made Within Public View: Supreme Court

The Supreme Court, while deciding a case arising out of a complaint made for an offence under the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 (Act), observed that an allegation of insult has to satisfy the requirement of having been made within public view. In the present case, the appellant had alleged that an offence under the Scheduled Caste and...

Electricity Act | SEZ Developer Not Ipso Facto A 'Deemed Distribution Licensee', Must Apply For Recognition And Be Scrutinized : Supreme Court

The Supreme Court recently held that SEZ developers, though conferred the status of "deemed distribution licensee" under the Electricity Act, must apply in terms of applicable Regulations and be scrutinized. The court further distinguished between regular distribution licensees and deemed distribution licensees to set aside a pre-condition imposed on an applicant requiring infusion of...

Bail Can Be Cancelled By Same Court Which Granted It If There Are Serious Allegations Even If Accused Hasn't Misused Bail : Supreme Court

In a recent decision, the Supreme Court observed that the same Court which granted bail to an accused can cancel the bail if there are serious allegations against him although the accused has not misused the bail.“If there are serious allegations against the accused, even if he has not misused the bail granted to him, such an order can be cancelled by the same Court that has granted the...

Lok Sabha Candidate Moves Supreme Court Saying Returning Officer Denied Him Form 17 Records Of Votes Polled

Advocate Mehmood Pracha, who contested in the Lok Sabha elections as an independent candidate from Rampur(UP) constituency, has filed an intervention application in the Supreme Court saying that the Returning Officer has not furnished to him the copies of the Form 17C record of votes polled in the constituency. Pracha has sought to intervene in the application filed by the Association...

Supreme Court Quashes Conviction For Stalking Due To Marriage Between Convict & Complainant

The Supreme Court recently quashed the conviction of a man for the offence of stalking (Section 354D) and criminal intimidation (Section 506) of the Indian Penal Code after noting that the convict and the complainant married each other during the pendency of the appeal before the Supreme Court.The appellant was tried for the offences of sexual harassment (Sections 11, 12 of POCSO Act),...