Every Non-Disclosure By Candidate Won't Make Nomination Invalid Unless It Is Substantial Affecting Election Outcome : Supreme Court

The Supreme Court held that every defect in a nomination filed by a candidate contesting elections will not make the nomination invalid. Only defects of a substantial nature, which can impact the outcome of election, will render the nomination invalid. Every non-disclosure, irrespective of its gravity and impact, would not automatically amount to a defect of substantial nature,“We are of...

Unfortunate That Coast Guard Doesn't Give Permanent Commission To Women Unlike Army, Navy & Air Force: Supreme Court

It was unfortunate that the Indian Coast Guard was opposing the grant of Permanent Commission for women officers despite the Army, Air Force and Navy inducting women on a permanent basis following Court directions, observed the Supreme Court.Expressing the intent to decide the issue, the Supreme Court transferred to itself the petition pending in the Delhi High Court.The bench led by CJI...

Supreme Court Says Patanjali MD, Baba Ramdev Cited Non-Existing Flight Tickets To Avoid Personal Appearance; Rejects Second Apology

The Supreme Court on Wednesday (April 10) rejected the second affidavit of apology filed by Patanjali Ayurved and its Managing Director Acharya Balkrishna in the contempt case over the publication of misleading medical advertisements.The bench comprising Justices Hima Kohli and Ahsanuddin Amanullah refused to accept the apology affidavit filed by Patanjali co-founder Baba Ramdev as well, who...

Delhi HC Judgment Against Arvind Kejriwal Based On An Unrelied Document Suppressed From Him: Singhvi Tells Supreme Court

The Delhi High Court's judgment dismissing Delhi Chief Minister Arvind Kejriwal's petition challenging his arrest by the Enforcement Directorate (ED) in the Delhi liquor policy case was based on an "unrelied document which was suppressed" from him, said Senior Advocate Dr Abhishek Manu Singhvi in the Supreme Court today.Mentioning the petition before Chief Justice of India DY Chandrachud...

Rs 8K Crore Relief To Delhi Metro : Supreme Court Allows DMRC's Curative Petition Against Arbitral Award In Favour Of DAMEPL

The Supreme Court on Wednesday (April 10) relieved the Delhi Metro Rail Corporation (DMRC) of a huge liability to the tune of Rs 8000 crores approximately by setting aside its 2021 judgment which upheld the arbitral award won by the Delhi Airport Metro Express Private Limited (DAMEPL, Reliance Infrastructure subsidiary) against the DMRC.The arbitral award was passed in 2017 and the...

Delhi CM Arvind Kejriwal Moves Supreme Court Against ED Arrest In Liquor Policy Case

After Delhi High Court's dismissal of his plea yesterday, Delhi Chief Minister Arvind Kejriwal has approached the Supreme Court challenging his arrest by the Enforcement Directorate (ED) in the Delhi Liquor Policy case.The petition is likely to be mentioned before Chief Justice of India at 10.30 AM today for urgent hearing. Kejriwal, arrested on March 21, is presently under judicial...

Moving HC Under Articles 226/227 To Release Seized Vehicle Without Approaching Magistrate Under Sec.451 CrPC Not Proper: Supreme Court

The Supreme Court held that approaching the High Court under Articles 226/227 of the Constitution for the release of the seized vehicle would not be a proper remedy without approaching the magistrate under Section 451 Code of Criminal Procedure (“Cr.P.C.”).“When there is a specific statutory provision contained in the Cr.P.C. empowering the criminal court to pass appropriate order for...

'Merits Of The Case Not Required To Be Considered In Condoning Delay' : Supreme Court Explains Principles For Delay Condonation

While refusing to condone the delay of 5659 days in preferring an appeal, the Supreme Court on Monday (April 08) laid down eight principles by providing harmonious construction to Sections 3 and 5 of the Limitation Act, 1963. The Bench Comprising Justices Bela M Trivedi and Pankaj Mithal laid down the principles."On a harmonious consideration of the provisions of the law, as aforesaid, and...

If You Have Sought For House Arrest, You Must Pay The Expenses: Supreme Court Tells Bhima Koregaon Case Accused Gautam Navlakha

Today, the Supreme Court (on April 09) orally told Bhima Koregaon-accused Gautam Navlakha's Advocate, Shadan Farasat, that if house arrest was sought, the surveillance expenses incurred by the National Investigation Agency (NIA) must be paid. However, Farasat submitted that paying the expenses was of no difficulty and that the issue is about calculating such expenses. He added that he would...

Supreme Court To Hear Plea For 100% EVM Votes-VVPAT Verification On April 16

The Supreme Court today clarified that the matter pertaining to Electronic Voting Machine (EVM) data cross-checking against voter-verifiable paper audit trail (VVPAT) records will be heard next Tuesday (April 16).The petitions were listed today before a bench comprising Justices Sanjiv Khanna and Dipankar Datta. Since the bench was hearing another matter, Justice Khanna clarified before...

Candidates Need Not Disclose Every Moveable Property Owned By Them; Voters' Right To Know Not Absolute: Supreme Court

The Court stated that only those moveable assets, which are of high-value or reflect a luxurious life style, need to be disclosed by candidates while filing nominations for elections.

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

Citizenship The Supreme Court sets aside the ex-parte order of the Foreigners Tribunal which declared a woman non-indian. Rashida Begum @ Rashida Khatun v. Union of India, 2023 LiveLaw (SC) 85 Centre's decision to bar OCI (Overseas Citizens of India) students from general seats will apply to only those who register as OCIs after 04.03.2021. Anushka Rengunthwar v. Union of India,...