Supreme court
State Must Provide Dignified Working Conditions To Judicial Officers; Financial Dignity Essential For Judicial Independence: Supreme Court
While pronouncing an order in All India Judges Association v. Union of India, the Supreme Court today (30.11.2023) underscored the importance of ensuring dignified working conditions for judicial officers, both during their tenure and post-retirement. The case at hand pertained to the implementation of pay hikes for judicial officers recommended by the Second National Judicial Pay...
If Document Required To Be Stamped Is Insufficiently Stamped, Copy Of Document Cannot Be Adduced As Secondary Evidence: Supreme Court
The Supreme Court on Tuesday (29.11.2023) reiterated that if a document that is required to be stamped is not sufficiently stamped, then a copy of such document cannot be adduced as secondary evidence.A bench of Justice Abhay S Oka and Justice Sanjay Karol referred to catena of decisions to observe as thus:"if a document that is required to be stamped is not sufficiently stamped, then...
S. 307 IPC | 'Simple Injuries, No Repeated Or Severe Blows' : Supreme Court Overturns Conviction For Attempt To Murder
The Supreme Court, on November 28), while setting aside the conviction under attempt to murder, gave weightage to two factors. Firstly, the Court noted that there were no repeated or severe blows caused. Secondly, injuries on victims were simple in nature. “Admittedly, there is no allegation of repeated or severe blows having been inflicted. Even the injuries on PW1 and PW2 have been found...
IBC | For Rejection Of A Resolution Plan Under Section 31(2), NCLT Must Pass A Reasoned Order: Supreme Court
The Supreme Court has held that when the National Company Law Tribunal (“NCLT”) exercises its power under Section 31(2) of the Insolvency and Bankruptcy Code, 2016 to not approve a resolution plan, then a reasoned order must be passed. It was emphasized that recording of cogent reasons while passing an order is the duty of Courts and Tribunals.The Supreme Court has set aside an order...
HC Erred In Holding 18 Months Diploma In Elementary Education Through Open Distance Learning Equivalent To 2 Years Regular Diploma: Supreme Court
The Supreme Court on Monday (28.11.2023) set aside the order of the Uttarakhand High Court that held that 18 months Diploma in Elementary Education ( D.El.Ed.) conducted through the Open and Distance Learning (ODL) mode by the National Institute of Open Schooling (NIOS) is a valid Diploma for applying against the regular posts of Assistant Teachers (Primary) in the State of Uttarakhand.A...
Supreme Court Doubts Precedent Which Limited High Court's Scope In Deciding Discharge Applications
The Supreme Court has expressed reservations about the judgment in Minakshi Bala v Sudhir Kumar, (1994) 4 SCC 142 which advocated for a restricted approach to be taken by High Courts in discharging accused from criminal cases.While setting aside a judgment of the Allahabad High Court which refused to discharge the accused in a criminal case, a bench comprising Justices Vikram Nath and...
'Unwarranted Intervention Of Kerala Govt' : Supreme Court Quashes Re-Appointment Of Kannur University Vice Chancellor
In a significant judgment, the Supreme Court on Thursday (November 30) set aside the re-appointment of Dr.Gopinath Ravindran as the Vice Chancellor( VC) of the Kannur University in Kerala.The Court quashed the notification dated November 23, 2021, re-appointing Dr. Gopinath Ravindran as the VC, on the ground of "unwarranted intervention of the State Government" and by observing that...
Supreme Court Expresses Surprise At Patna High Court Reserving Judgment On Anticipatory Bail For One Year; Seeks Report From Registrar
The Supreme Court expressed its surprise that the Patna High Court reserved judgment on an anticipatory bail plea for a year. The bail application was heard by a single-judge bench of the High Court and was reserved for orders on 07.04.2022. However, the bench released the matter almost after a year, i.e., on 04.04.2023. The reasoning given was that the judge, as a lawyer, had appeared in one...
IIT-JEE | OCI Candidate Moves Supreme Court To Relax Criteria Requiring Students To Appear In JEE Within 2 Years Of Passing Class 12
On November 29, the Supreme Court issued notice on a writ petition seeking relaxation in eligibility criteria for the JEE Mains Exam 2024 for an Overseas Citizen of India (OCI) candidate. The Court allowed the petitioner to add the JEE Apex Body (JAB) as a respondent in the case.The existing criteria mandate that candidates must have passed Class 12th in 2022 or later to be eligible for the...
Supreme Court Seeks Report From NALSAR Centre For Disability Studies On Making Public Spaces Accessible To Disabled Persons
In a Public Interest Litigation (PIL) seeking to make public buildings accessible for the disabled, the Supreme Court directed the Centre for Disability Studies, NALSAR University of Law to make a report on steps to be taken to make public buildings and spaces fully accessible to persons with disabilitiesThe bench comprising Chief Justice of India DY Chandrachud, Justice JB Pardiwala and...
Person Accused Of PMLA Offence Need Not Be An Accused In Scheduled Offence : Supreme Court
The Supreme Court clarified that a person accused of an offence under Section 3 of the Prevention of Money Laundering Act (PMLA) need not necessarily be shown as an accused in the scheduled offence. The judgment clarified that a person, unconnected to the scheduled offence but knowingly assisting in the concealment of the proceeds of crime, can be held guilty of committing an offence...
Principles On Admissibility Of Secondary Evidence : Supreme Court Explains
The Supreme Court on Tuesday (29.11.2023) explained the principles relevant for examining the admissibility of secondary evidence under the Indian Evidence Act, 1872. The Court also reiterated that "if a document that is required to be stamped is not sufficiently stamped, then the position of law is well settled that a copy of such document as secondary evidence cannot be adduced."A bench...