Supreme court
Supreme Court Refuses To Hold Pharma Company Liable For Not Mentioning Adverse Reaction Of Vaccination, Says Doctor Should've Advised Patient
The Supreme Court has upheld an order of the National Consumer Disputes Redressal Commission (NCDRC) where the Commission had held that no case of deficiency of service or defect was made out against drug-manufacturer, Glaxo Smithkline Pharmaceuticals Ltd, in relation to administration of vaccine Engerix-B.It was the case of the complainant that he along with his family members had got...
Party Has Right To Address Final Arguments Before NCDRC Despite Not Filing Written Version : Supreme Court
A Division Bench of the Supreme Court set aside the decision of National Consumer Disputes Redressal Commission, New Delhi (NCDRC), while upholding the principles of natural justice. The Court opined that although the opposite party had not filed its written version and may not have participated in the proceedings before the NCDRC, it nevertheless had the right to address final arguments...
Supreme Court E-Committee Conducts Regional Digital Accessibility Training For Visually Challenged Court Staff
In a significant step towards enhancing digital accessibility within the Indian judicial system, the eCommittee, Supreme Court of India, initiated its Regional Digital Accessibility Training program for visually challenged court staff. The training took place at the Delhi Judicial Academy and welcomed participants from District and Taluk courts in the North Zone, encompassing Delhi,...
Mere Living In A Particular House Would Not Mean It Is Under Ownership Of Person Living There : Supreme Court
The Supreme Court, while affirming impugned judgment of the High Court, observed that "mere living in a particular house by itself would not mean that the said house is under ownership of the person living therein in his individual capacity or even that it is within the area of operation of the society". A Division Bench, comprising Justices Abhay S. Oka and Pankaj Mithal, was hearing the...
Employee Found Unsuitable For Job Can Be Dismissed Without Notice During Probationary Period : Supreme Court
The Supreme Court recently reiterated the distinction between simpliciter termination and punitive termination. This distinction is crucial since if the order of termination is punitive or stigmatic in nature, it becomes mandatory to conduct an inquiry following the procedure and an opportunity to be heard has to be given. Failure to do so may make such termination/discharge illegal and...
'State Assisted Accused, Failed To Prosecute Fairly': Supreme Court Directs Bihar Govt To Compensate Victims In 1995 Double Murder Case
Last week, the Supreme Court sentenced former Member of Parliament (MP) and Rashtriya Janata Dal (RJD) leader Prabhunath Singh to life imprisonment in the double murder case of 1995. While pronouncing the sentence, the Apex Court also directed compensation of Rupees 10 lakh each for both the deceased and Rs 5 lakhs each for the injured in the incident, to be paid by the Bihar Government and...
Fact Check: Did The Supreme Court Really Allow Advocates To Solemnize Marriages In Their Chambers?
Recently, several media reports have been doing the rounds stating that the Supreme Court has allowed advocates to solemnize marriages in their chambers under the Hindu Marriage Act 1955, overruling a Madras High Court judgment that held such marriages to be invalid. However, contrary to what several media reports claim, what the Apex Court actually held in its recent ruling was that...
Supreme Court Half Yearly Digest 2023 -Constitution Of India
Article 299 - No immunity from statute merely because a contract is entered in the President's name. Glock Asia-Pacific Ltd. v. Union of India, 2023 LiveLaw (SC) 459 : AIR 2023 SC 2777 : 2023 INSC 568The Writ Court cannot stop implementation of a statutory provision without holding it unconstitutional. Dhanraj v. Vikram Singh, 2023 LiveLaw (SC) 456Non-tribal person's right to settle down...
LIC Not Entitled To Levy Fee For Endorsing Transfer Or Assignment Of A Policy: Supreme Court
The Supreme Court on Wednesday held that the Life Insurance Corporation (LIC) is not entitled to levy a service charge or fee for endorsing the assignment or transfer of a policy.The Apex Court was considering the legality of a circular dated 24th April 2006 issued by LIC that imposed a registration charge of Rs.250 per assignment of policy. The Bombay High Court had struck down this circular...
BSF Act | Even If Officer Pleads Guilty Of Misconduct, Court Has To Satisfy That Confession Is Voluntary : Supreme Court
The Supreme Court raised serious doubts regarding a conviction based on a guilty plea in a case involving allegations against a Border Security Force (BSF) constable(respondent) of clicking photographs of a lady doctor while she was bathing. The Court highlighted several critical factors that raised concerns about the credibility of the confession, including the absence of an eye-witness,...
Preventive Detention Laws Are Exceptional Measures, Not To Be Invoked When Ordinary Criminal Law Provides Remedies : Supreme Court
The Supreme Court has stated that that preventive detention laws are an 'exceptional measure reserved for tackling emergent situations' and must not be used as a tool for enforcing 'law and order'. The Court strongly condemned the growing trend in the state of Telangana of passing orders of preventive detention at the ‘drop of a hat’ without consideration of the liberty and...