Judicial Service | 'High Score In Written Exam Alone Doesn't Determine Merit' : Supreme Court Upholds Minimum Mark Criteria For Interview

The Supreme Court on Monday (May 6) upheld the constitutionality of the Rules stipulating minimum qualifying marks in the viva voce test as a part of the selection criteria for appointment to the District Judiciary in the States of Bihar and Gujarat.While rejecting the petitioners' contention that the prescription of minimum qualifying marks in the interview violates Articles 14 and 21 of...

Medical Board Must Report Physical & Mental Health Of Pregnant Person Even If Pregnancy Is Above 24-Weeks & There Are No Foetal Abnormalities: Supreme Court

In an important judgment, the Supreme Court observed that when a medical board formed in terms of the Medical Termination of Pregnancy (MTP) Act 1971 examines a pregnant person with a gestational age above twenty-four weeks, it must opine about the physical and mental health of the person, even if there are no substantial foetal abnormalities.The bench comprising Chief Justice of India...

Supreme Court Slams Authorities For Starting Airport Construction At Silchar Without Obtaining EC; Criticises NGT For Its Non-Interference

The Supreme Court on Monday (May 6) came down heavily upon the manner in which the National Green Tribunal (NGT) 'abdicated' its duties by not interfering in the construction of the Silchar Greenfield Airport Project which was proceeding without obtaining the mandatory prior Environmental Clearance.The Court also slammed the authorities for carrying out extensive clearance of the site (nearly...

Delhi VAT Act | Authorities Must Strictly Follow Time Limit To Process & Issue Refunds : Supreme Court

In a recent decision, the Supreme Court held that the department must mandatorily adhere to the time limit for processing and issuing the refunds under Section 38 of the Delhi Value Added Tax Act, 2004. “The language of Section 38(3) is mandatory and the department must adhere to the timeline stipulated therein to fulfill the object of the provision, which is to ensure that refunds...

'Lis Pendens' Doctrine Can Be Applied Even If S.52 Transfer Of Property Act Is Not Strictly Applicable In A State : Supreme Court

The Supreme Court held that the non-applicability of the provisions of Section 52 of the Transfer of Property Act, 1881 (“TPA”) wouldn't bar the applicability of principles of lis-pendens, which are based on justice, equity, and good conscience.“In short, there can be no doubt that even if Section 52 of the T.P Act is not applicable in its strict sense in the present case (State of...

Indirect Tax Cases Weekly Round-Up: 28 April To 4 May 2024

Supreme Court Supreme Court Seeks Data Of GST Arrests, Says Citizens' Harassment Won't Be Allowed Due To Any Ambiguity In Arrest Provisions Case Title: Radhika Agarwal v. Union of India and Ors., W.P.(Crl.) No. 336/2018 (and connected matters) While hearing a batch of petitions challenging penal provisions of GST Act, Customs Act, etc. as non-compatible with the CrPC and...

The Complete Supreme Court Annual Digest- 2023 [Part-XV]

Section 279 - Rash driving or riding on a public way Penal Code, 1860; Sections 279, 304A – Motor Accident Case – Reduction of sentence of convict – Object of Indian Penal Code is to punish offenders for offences under the act – Indian Penal Code punitive and deterrent – Corrective measures ought to be recognised while sentencing convict but deterrence...

The Complete Supreme Court Annual Digest- 2023 [Part-XIV]

Municipal Corporation Act (Delhi) Municipal Corporation Act (Delhi) - Delhi Municipal Corporation (Procedure and Conduct of Business) Regulations - These provisions make it abundantly clear that the election of the Mayor has to be held first. The elected Mayor is then required to preside over the election of the Deputy Mayor as the presiding authority. Consequently,...

Supreme Court Weekly Round-Up (29 April-04 May, 2024)

With another week gone at the Supreme Court of India, Live Law is back with its Supreme Court Weekly Digest, dedicated to keeping our readers abreast of the most recent legal developments in the country's apex court. This digest aims to inform you about the latest judgments, orders, and Public Interest Litigations (PILs) filed in the Supreme Court during the past week and also the...

Bank Vicariously Liable For Conduct Of Its Employees: Supreme Court

The Supreme Court recently held that recipients of a fixed deposit cannot suffer at the cost of the criminal conduct of the Bank officials and that, in such an event the Bank would be held vicariously liable for the conduct of their employees.The bench of Justices P.S. Narasimha and Aravind Kumar, while hearing an appeal against the order of the National Consumer Disputes Redressal...

Indirect Tax Cases Monthly Round Up: April 2024

Supreme Court Supreme Court Expunges Gujarat HC's Adverse Observation Against GST Officials Case Title: The State Of Gujarat & Anr. V. Paresh Nathalal Chauhan Citation : 2024 LiveLaw (SC) 295 The Supreme Court (on March 12) expunged the observations made by the Gujarat High Court in an interim order that statutory protection of the good faith clause under Section 157...

If There Are Lapses By Prosecutors, Trial Judges Should Play Active Role In Evidence Process : Supreme Court

The Supreme Court said that trial judges should take a proactive role instead of acting as "mere tape recorders" recording witness statements. If there is any lapse by the prosecutor, then the judge should intervene and ask necessary questions to the witness to elicit relevant information."It is the duty of the court to arrive at the truth and subserve the ends of justice. The courts have to...