Supreme court
Doctor’s License Cannot Be Suspended By Court As Penalty In Contempt Proceedings: Supreme Court
The Supreme Court on Friday held that a medical practioner’s license cannot be suspended as penalty in contempt proceedings.A division bench of Justice B R Gavai and Justice Sanjay Karol observed: “A medical practitioner guilty of contempt of Court may also be so for professional misconduct but the same would depend on the gravity/nature of the contemptuous conduct of the person in...
Section 319 CrPC | Merits Of Evidence Has To Be Appreciated Only During Trial; Not At Stage Of Summoning Accused : Supreme Court
The Supreme Court observed that the merits of the evidence has to be appreciated only during trial and not at the stage of Section 319 CrPC.In this case, an application under Section 319 CrPC was moved before the Trial Court and the same was allowed. Allowing the revision petition filed by the accused, the High Court set aside this order on a reasoning that he was found innocent...
Supreme Court Directs Insurance Company To Pay 4 Lakh To Insured Who Incurred Medical Expenses For Treatment Of Person Injured In Motor Accident
The Supreme Court held that the insurance company was liable to reimburse the claimant when he had duly placed on record the evidence of him paying the medical bills of a person injured in a motor accident in respect of which there is third-party insurance coverage. “The District Forum had specifically referred to medical bills and had directed the insurance company to release the...
Supreme Court Issues Notice On RBI Appeal Against Kerala HC Order That Lifted Loan Restrictions Imposed On Co-Operative Bank
The Supreme Court on Friday issued notice to in an appeal filed by the Reserve Bank of India, against an order of the Kerala High Court that lifted the loan restrictions imposed by it on Thiruvalla East Co-Operative Bank Ltd. The notice was issued by a division bench of Justice Sanjay Kishan Kaul and Justice Sudhanshu Dhulia. Attorney General for India R Venkataramani appeared for the...
Justice Oriented Approach To Be Adopted While Dealing With Delay Condonation Plea : Supreme Court
The Supreme Court observed that the courts should adopt the justice oriented approach rather than the 'iron- cast technical approach' while dealing with delay condonation applications.In this case, the suit was decreed by the trial court on 1.10.2005. The defendants filed first appeal along with an application seeking to condone 52 days delay. The lower appellate Court on 08.10.2010 dismissed...
Murder Case | 'Cruel' Is Relative Term; If Its Ordinary Meaning Is Used, Exception 4 Of S.300 IPC Can Never Be Applied : Supreme Court
The Supreme Court observed that the term 'cruel' in exception 4 to Section 300 of IPC is a relative term."Exception 4 applies when a man kills another. By ordinary standards, this itself is a cruel act...... If we assign a meaning to the word ‘cruel’ used in exception which is used in common parlance, in no case exception 4 can be applied", the bench of Justices Abhay S. Oka and Sanjay...
NDPS Act | Conviction Liable To Be Set Aside If Samples Weren't Drawn In Magistrate's Presence As Per Section 52A: Supreme Court
The Supreme Court recently reiterated that the process of drawing of samples under Section 52-A of the Narcotics Drugs and Psychotropic Substances Act, 1985 (NDPS Act) has to be in the presence and under the supervision of the Magistrate. The entire exercise of collecting the sample must be certified by the Magistrate to be correct, it was held.A division bench of Justice Abhay S Oka and...
No Legal Right To Seek De-Sealing Of Property By Cantonment Board, When Building Plan Not Been Sanctioned: Supreme Court
The Supreme Court has held that a property sealed by Cantonment Board alleging unauthorized construction cannot be requested to be ‘de-sealed’, while the building plan of that Property has not yet been sanctioned by the Cantonment. The Delhi Cantonment Board (DCB) issued notice to Petitioner for demolition of unauthorized structures in its property situated in Cantonment area. On the...
Article 136 | SLP Against NCDRC's Order Passed In Exercise Of Its Appellate/Revisional Jurisdiction Cannot Be Entertained: Supreme Court
The Supreme Court on Wednesday held that an aggrieved party can approach the Supreme Court under Article 136 of the Constitution for grant of special leave to appeal against an order of the National Consumer Disputes Redressal Commission (NCDRC) only if it is passed by the Commission in its original jurisdiction. No further appeal will lie against the orders passed by the NCDRC in exercise of...
Supreme Court Vacates SAT Stay On IRDAI Order To Transfer Policies From Sahara Life Insurance to SBI Life Insurance
The Supreme Court recently set aside the order of the Securities Appellate Tribunal (SAT) that had stayed an order of the Insurance Regulatory and Development Authority Of India (IRDAI) directing transfer of policies from Sahara India Life Insurance Company Limited to SBI Life Insurance Company Limited. A division bench of Justice Abhay S Oka and Justice Sanjay Karol stayed the order of SAT...
Cannot Grant Interim Protection To Accused While Rejecting Anticipatory Bail Plea : Supreme Court 'Amazed' At HC's Self-Contradictory Order
The Supreme Court set aside a High Court direction granting interim protection to accused while rejecting their anticipatory bail plea.We are amazed to see the order passed by the learned Single Judge of the High Court of Judicature at Allahabad, the bench of Justices B R Gavai and J B Pardiwala observed.In this case, the High Court while dismissing the anticipatory bail application filed by...
Supreme Court Affirms NCDRC Order Directing Air India To Pay Rs 2.03 Lakh Compensation To Passenger For Baggage Loss
The Supreme Court on Monday refused to interfere with the order of the National Consumer Dispute Redressal Commission (NCDRC) which upheld the order of the State Commission and District Forum directing Air India to pay a compensation of Rs2.03 lakh to a passenger who lost his luggage during travel. A division bench of Justice Hima Kohli and Justice Rajesh Bindal, dismissing the appeal filed...