Supreme court
Supreme Court Allows Man To Donate Liver To 3-Year-Old Cousin Who Is Overseas Citizen Of India; Says Order Won't Be Treated As Precedent
The Supreme Court recently allowed liver donation by a person to his cousin, a 3-year-old child who is suffering from a chronic liver disease, while also making it clear that the instant order will not act as a precedent for any other case.The Court's interventionn came after authorization committee under the Transplantation of Human Organs and Tissues Act, 1994 denied approval for the...
No Seizure Of Journalistic Or Academic Materials From Digital Devices Without Judicial Warrant: Academics Submit Draft Guidelines To Supreme Court
Five academicians who have petitioned the Supreme Court seeking guidelines for the seizure of personal electronic devices by investigating agencies have prepared a set of draft guidelines and have submitted them to the Court (Ram Ramaswamy and Ors. v. Union of India and Ors.). On Thursday (November 9), the ,matter came before the Bench of Justices Sanjay Kishan Kaul and Sudhanshu Dhulia,...
EPF Act Can Be Applied Even To Factories Not Engaged In Schedule 1 Industries: Supreme Court Rejects Plea Of Umbrella Making Unit
The Supreme Court recently held that a notification under clause (b) of sub-Section (3) of Section 1 of the Employees’ Provident Fund and Miscellaneous Provisions Act, 1952, can be issued by the Central Government in respect of factories engaged in any industry that has not been not specified in Schedule I. The Top Court was considering whether a factory, which is not specified in Schedule...
To Curb Gun Problem, Make Bail Provisions More Stringent Like PMLA; Reverse Burden Of Proof: Amicus Tells Supreme Court
Senior Advocate S Nagamuthu, the amicus curiae in an ongoing suo motu case in the Supreme Court aimed at curbing the proliferation of unlicensed firearms, has suggested making bail provisions under the Arms Act, Explosives Act, and Explosive Substances Act more stringent, akin to those in the Prevention of Money Laundering Act and the Narcotic Drugs and Psychotropic Substances Act....
Debatable If PIL Is Not At All Maintainable In Service Matters: Supreme Court Leaves Issue of Law Open
The Supreme Court, recently (on November 03), while hearing an appeal arising out of the judgment passed by the Delhi High Court, expressed doubt on its dictum that PIL is “not at all” maintainable in Service Matters while terming the same as “debatable issue”. Accordingly, the Court has kept the issue open and the same is to be decided in the appropriate case.A matter was heard...
Can Past Service As Judicial Officer In One State Be Counted For Benefits In Judicial Service In Another State? Supreme Court To Consider
Can the past service in the judicial services of another State be taken into account for the purpose of benefits in the judicial service of one state? The Supreme Court is set is examine this issue in a case.Recently, the Court issued notice to the Delhi High Court in a Special Leave Petition filed against the Delhi High Court order wherein one Ms. Neetu Nagar, a candidate serving in...
Supreme Court Upholds Constitutionality Of IBC Provisions Relating To Personal Guarantors; Says Adjudicatory Role Can't Be Read Into Sec 97
In a significant judgment, the Supreme Court on Thursday (November 9) upheld the constitutionality of the provisions of the Insolvency and Bankruptcy Code (IBC) relating to Personal Guarantors' Insolvency Resolution, which were introduced through the amendments made in 2019.The Court held that these provisions (Section 95 to 100 IBC) cannot be held as unconstitutional for not affording...
4 Circumstances To Be Proved In Cases Of Murder By Poison : Supreme Court Explains
The Supreme Court recently exonerated an accused in a two-decade-old case involving alleged liquor poisoning which led to the death of a man. The Court invoked the landmark 1984 case of Sharad BirdhiChand Sarda v. State of Maharashtra (1984) 4 SCC 116 to reiterate the circumstances to be proved in cases of murder by poison, namely underlining the importance of establishing a clear motive,...
Supreme Court Issues Guidelines To High Courts To Monitor Early Disposal Of Cases Against MPs/MLAs
The Supreme Court on Thursday (November 9) issued a slew of directions to monitor the early disposal of pending criminal cases against Members of Parliament and Members of Legislative Assemblies.A bench comprising Chief Justice of India DY Chandrachud, Justice JB Pardiwala, and Justice Manoj Misra observed that it was difficult for the Supreme Court to lay down uniform guidelines...
'Aggrieved Woman' Not Covering LGBTQIA Persons : Supreme Court Refuses Plea To Make Its Sexual Harassment Regulations Gender-Neutral
In a significant legal development, the Supreme Court refused to entertain a plea seeking amendments in Gender Sensitization and Sexual Harassment of Women at the Supreme Court of India (Prevention, Prohibition and Redressal) Regulations, 2013 for making the same to be gender neutral. The amendments were sought in view to bring the constitutional rights of other persons such as LGBTQIA+...
Supreme Court Asks Madras High Court To Consider Amending Rules To Ensure Cause Title Of Criminal Appeal Reflects State’s Name
The Supreme Court recently directed the Madras High Court to consider amending the High Court Rules to include the name of the state in the cause title of criminal cases.A bench of Justice Hrishikesh Roy and Justice Sanjay Karol was considering a criminal special leave petition against a Madras High Court order, when it observed that the SLPs arising from the State of Tamil Nadu do not...
Heralding E-Revolution Of Judiciary : CJI DY Chandrachud's Administrative Reforms In One Year
As Chief Justice of India DY Chandrachud completes one year as the head of the Indian judiciary, it is worthwhile to have a look at some of the notable administrative and infrastructural reforms ushered in by him during this term.The period since he took the office as the 50th Chief Justice of India on November 9, 2022 has witnessed several path breaking initiatives that include adoption...