Supreme court
Popular Front of India Approaches Supreme Court against Central Govt's Ban under UAPA
The Popular Front of India (PFI) has approached the Supreme Court against a home ministry notification designating it and its affiliated organisations as 'unlawful associations' under the Unlawful Activities (Prevention) Act, 1967.A bench of Justice Aniruddha Bose and Bela M Trivedi was slated to hear today a special leave petition filed by the Popular Front of India against a UAPA...
'Completely Eradicate Manual Scavenging' : Supreme Court Directs Union & States; Increases Compensation For Sewer Deaths To Rs 30 Lakh
The Supreme Court on Friday (October 20) issued a categorical direction to the Union Government and all State Governments to ensure the complete eradication of the practice of manual scavenging.Expressing grave anguish at the continuance of this abhorrent practice in India, the Supreme Court directed that the compensation in cases of sewer deaths must be increased to Rs.30 lakhs. In cases...
'Litigants Become Disillusioned' : Supreme Court Expresses Anguish At Long Pendency Of Civil Cases; Issues Directions For Speedy Disposals
Expressing serious concerns at the pendency of cases in the country, the Supreme Court has issued a slew of directions to ensure the speedy disposal of cases.A bench comprising Justices S Ravindra Bhat and Aravind Kumar issued eleven directions to the high courts for ensuring speedy trial and to monitor the disposal of cases, especially those pending for over five years.While delivering...
States/UTs Must Notify 'District Officers' Under POSH Act : Supreme Court Issues Slew Of Directions
The Supreme Court has issued a slew of directions to the Union government, and all State/UT governments to ensure the effective implementation of the provisions of the Sexual Harassment at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (POSH Act) read with its Rules.Significant among them is the mandatory direction issued by the Court that the States and Union Territories...
Arbitrator Won't Become Ineligible By Unilaterally Revising Fee; Mandate Can't Be Terminated On Grounds Not Mentioned In Schedule : Supreme Court
In a notable judgment, the Supreme Court has held that unilateral revision of fee by an arbitral tribunal, though not permissible, will not terminate its mandate on the ground of ineligibility as per Section 12 of the Arbitration and Conciliation Act 1996.Although the Supreme Court has held in Oil and Natural Gas Corporation Ltd. vs Afcons Gunanusa JV 2022 LiveLaw (SC) 723 that the...
'Hurried Trial' : Supreme Court Sets Aside Death Penalty Given In Child Rape-Murder Case Within 23 Days; Orders Fresh Trial
The Supreme Court on Thursday (October 19) set aside the conviction and death sentence of a man accused of kidnapping, raping, and murdering a three-month-old infant after noting that he had not been give a 'proper opportunity' to defend himself. The trial had hit the headlines after being concluded in a record 23 days from the date of the offence.A bench of Justices BR Gavai, PS Narasimha,...
Principles To Be Followed In Case Of Multiple Dying Declarations: Supreme Court Explains
The Supreme Court recently laid down the principles to be followed in cases where there are multiple dying declarations. The Court delved into the circumstances where the extent of burn injuries was considered when evaluating the credibility of dying declarations. The Court also clarified that evidence given by interested witnesses should be corroborated by an independent witness. In this...
Double Taxation Avoidance Agreement Cannot Be Enforced Unless Notified By Centre Under Section 90 Income Tax Act : Supreme Court
The Supreme Court has held that a Double Taxation Avoidance Agreement (DTAA) cannot be given effect to by a court, authority or a tribunal unless it has been notified by the Central Government under Section 90 of the Income Tax Act.The Court held that until the Government of India issues a notification as per Section 90, the DTAA treaty is not enforceable per se in Indian courts.A...
UPSC Rejects Candidature Over Late Submission Of EWS Certificate; Supreme Court Allows Candidate To Appear For Interview
The Supreme Court recently granted interim relief relief to a candidate who was not allowed to appear for an Interview by the Union Public Service Commission which did not accept his Economically Weaker Section(EWS) category certificate and rejected his candidature. The Court issued notice to UPSC and directed it to allow the petitioner to appear for the personality test of UPSC...
Supreme Court Sets Aside HC Judgment Which Invalidated Assembly Election Of Arunachal Pradesh MLA Dasanglu Pul
The Supreme Court on Thursday (October 19) set aside the judgment of the Gauhati High Court which invalidated the election of BJP MLA from Arunachal Pradesh Dasanglu Pul to the State Assembly in 2019.A bench comprising Justices AS Bopanna and PS Narasimha allowed the appeal filed by Pul and dismissed the election petition filed against her election. In May, the Supreme Court had granted...
Commercial Courts Should Examine If Plea For Urgent Interim Relief Is A Disguise To Circumvent Pre-litigation Mediation Under S.12A : Supreme Court
While reiterating the mandatory nature of Section 12A of the Commercial Suits Act, which mandates pre-litigation mediation unless the suit contemplates urgent relief, the Supreme Court stated that plaintiff has no absolute choice to avoid pre-litigation mediation by merely making a prayer for urgent interim relief.The Commercial Court should examine that the prayer for urgent interim relief...
"Cannot Pursue Petitions To Show To Press": Supreme Court Dismisses Ashwini Upadhyay's PIL Seeking Uniform Endowment Code
The Supreme Court on Wednesday(October 18) refused to entertain a PIL filed by Advocate Ashwini Upadhyay seeking to declare that Hindus, Buddhists, Jains and Sikhs have similar rights to administer their religious places without State interference like Muslims, Parsis and Christians. The bench comprising CJI DY Chandrachud, Justice JB Pardiwala, and Justice Manoj Misra remarked that the...