Supreme court
Maharashtra Co-Operative Societies Act Does Not Curtail Power Of Police Investigation Under CrPC: Supreme Court
A three-judge Bench of the Supreme Court, while hearing an appeal, held that: “The police have an independent power and even duty under the CrPC to investigate into an offence once information has been drawn to their attention indicating the commission of an offence. This power is not curtailed by the provisions of the 1960 Act (Maharashtra Co-operative Societies Act).”The Bench comprised...
Medical Negligence | Supreme Court Sets Aside Adverse Observations By NCDRC Against Top Cardiologist Dr Upendra Kaul
The Supreme Court on Wednesday(16 August ) set aside the aside adverse observations made by the National Consumer Disputes Redressal Commission (NCDRC) against top cardiologist and Padma Shri Awardee Dr Upendra Kaul in relation to a patient who had died after an angioplasty procedure conducted in AIIMS following a cardiac arrest. The case related to an incident in 1994.A bench of Justices...
'To Create More Congenial Atmosphere Between Govt & Judiciary' : Centre Frames SOP Regarding Appearance Of Govt Officials In Courts, Contempt Cases
The Centre has come out with a draft Standard Operating Procedure (SOP) with regard to the appearance of Government officials before courts in litigation that involves the Government. The SOP suggests that the presence of government officials should be required in courts only in ‘exceptional cases’, and not as a regular practice. If officials are summoned by courts, advanced notice must...
'Be Liberal In Conferring Senior Designation' : SCBA President Requests Supreme Court
The President of Supreme Court Bar Association (SCBA), Dr.Adish C Aggarwala, Senior Advocate, in a letter to the Chief Justice of India on Wednesday, has urged the Top Court to be "liberal" in its approach in conferring the title of Senior Advocate to candidates who have applied in the upcoming round of selection, since this is only the second selection process to have taken place in the last...
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...