Supreme Court Dismisses PIL Seeking Setting Up Of Internal Security Council To Supervise National and State Investigating Agencies

The Supreme Court on Monday dismissed a Public Interest Litigation (PIL) that sought the setting up of a National Internal Security Council to deal with organised crime in the country such as smuggling, inter state trafficking, cybercrimes and large scale political violence. The PIL also sought for all national and state level investigation agencies to be brought under the control of such a...

Excise Duty Exemption | To Determine If A Product Falls Under Description "Intravenous Fluids”, Its Composition & Not Its Use Matters : Supreme Court

The Supreme Court has ruled that in order to determine whether a product would fall under the description of “Intravenous Fluids” so as to be eligible for exemption from excise duty, it is the composition of the product in question which is relevant and not whether the product is used for treatment of any particular disease.The top court made the observation while ruling that the...

'Tenure Post & Appointment Made On Regular Post On Tenure Basis Different' : Supreme Court Allows Lecturer's Claim For Pay Protection

The Supreme Court recently directed the Islamia College of Science & Commerce, Srinagar under the University of Kashmir to give a Lecturer the benefit of pay protection holding that the Division Bench of the High Court of Jammu & Kashmir and Ladakh High Court was wrong in holding that she was appointed against a short-term vacancy and not against a substantive post.The...

Income Tax Settlement Commission's Purpose Is To Give Assessee Chance To Disclose Undisclosed Income To Seek Immunity : Supreme Court

A Division bench of the Supreme Court, while hearing an appeal, discussed the objective and purpose behind setting up a Settlement Commission under the Income Tax Act 1961. The Court opined:“We find that there is a real object and purpose of setting up of the Settlement Commission as an Assessee, who is given an opportunity to disclose the undisclosed income in order to seek benefit in the...

Supreme Court To Examine Constitutional Validity Of Works of Defence Act, 1903

The Supreme Court will examine the constitutional validity of the Works of Defence Act, 1903.This law is invoked for restrictions upon the use and enjoyment of land in the vicinity of works of defence so that such land is kept free from buildings and other obstructions. The Act also deals with determination determining the amount of compensation to affected law owners.The bench of Justices...

If Escaped Convict Already Serving Life Term Is Subsequently Convicted, Subsequent Sentence Will Run Concurrently With Previous Life Sentence: Supreme Court

The Supreme Court recently set free a life convict, who despite being granted remission by Andhra Pradesh government, was not released on the ground that his sentence for a subsequent offence would start running from the date of remission(State of Andhra Pradesh v. Vijayanagram Chinna Redappa).The court noted that for an escaped convict, the second conviction starts only when he serves...

Can't Pass 'One Size Fits All' Direction For Page Limit On Petitions : Supreme Court

The Supreme Court recently disposed of a Public Interest Litigation (PIL) seeking to limit the pages in petitions filed in Court. While the Top Court said the concern of the Petitioner was ‘laudable’, the Court was of the view that it would not be proper to issue a ‘one size fits all’ direction.The Apex Court disposed the plea leaving it open to the petitioner to approach the...

'Have To Keep In Mind Freedom Of Speech' : Supreme Court Dismisses PIL For Central Govt Authority To Regulate Media

The Supreme Court recently underlined the significance of the fundamental right to freedom of speech and expression while dismissing a PIL which sought a direction to the Government of India to constitute a "Broadcast Regulatory Authority of India" to regulate media.The petition filed in 2020 by Reepak Kansal in the backdrop of the coverage of Sushant Singh Rajput case had sought...

Persons Who Secure Job In Reserved Posts Based On False Caste Certificates Liable To Be Dismissed : Supreme Court

The Supreme Court recently reiterated that no protection should be given to persons who secure public employment through false caste certificates. The Court set aside a judgment of the Orissa High Court which directed a public authority to consider reinstating an employee, who was found to have obtained employment in reserved post on the basis of a false certificate(Bhubaneswar...

Supreme Court Orders Release Of Vegetable Vendor Convicted For Possessing 43 Counterfeit Ten Rupees Notes

The Supreme Court ordered release of a vegetable vendor who was convicted for possessing 43 counterfeit notes of denomination of Rs.10. The Trial Court had convicted him under Section 489C IPC and sentenced to undergo rigorous imprisonment of seven years. Later, the High Court reduced the sentence to five years of imprisonment.In appeal before the Apex Court, the appellant submitted that...

Supreme Court Weekly Round-Up [Aug 7-13]

Judgments/OrdersCentral Civil Service Rules | Retired Employee Can Be Appointed As Inquiry Authority In Disciplinary Proceedings: Supreme CourtCase title: Union of India v. Jagdish Chandra SethyCitation: 2023 LiveLaw (SC) 609The Supreme Court recently held that the disciplinary authority under the Central Civil Service Rules is empowered to appoint a retired employee as an inquiry authority....

Correctness Of Witness Statements Cannot Be Decided In Section 482 CrPC Proceedings : Supreme Court

The Supreme Court observed that a High Court cannot go into the correctness or otherwise of the material placed by the prosecution in the chargesheet while considering a petition seeking quashing of criminal proceedings under Section 482 Cr.P.C.The Court would exercise its power to quash the proceedings only if it finds that taking the case at its face value, no case is made out at all, the...