Supreme court
Bike-Taxis : Supreme Court Gives Delhi Govt Time Till Sep 30 To Notify 'Motor Vehicle Aggregator & Delivery Service Provider Scheme'
The Supreme Court on Monday extended the time granted to the Delhi Government to finalise the Delhi Motor Vehicle Aggregator and Delivery Service Provider Scheme, 2023 for regulation of two wheeler aggregators till September 30th.The application filed by the Delhi Government for extension of time was allowed by a division bench of Justice Aniruddha Bose and Justice Bela M. Trivedi."There was...
To Attract Section 306 IPC, There Must Be Evidence To Substantiate Existence Of Suicide : Supreme Court
The Supreme Court observed that there must be evidence to substantiate the existence of suicide to attract Section 306 of the Indian Penal Code (abetment of suicide).In this case, a chargesheet was lodged against the accused under Section 306 IPC. Following the death of his wife, her father who was then functioning as a Sub-Inspector of Police, had given a complaint against him alleging...
Marine Insurance | If Ship Is Sent To Sea In Unworthy State, Insurer Not Liable For Any Loss Due To Unseaworthiness : Supreme Court
The Supreme Court recently held that in marine insurance, if the ship is sent to sea in an unseaworthy state, the insurer is not liable for any loss attributable to unseaworthiness. It also observed that the mere knowledge of an insurer about a breach of warranty does not automatically equate to a waiver unless explicitly stated.The Court held that an insured party seeking insurance...
Registration Of FIR Mandatory If Information Discloses Cognizable Offence : Supreme Court Reiterates
The Supreme Court recently reinforced the obligatory nature of registering First Information Reports (FIRs) under Section 154 of the Code of Criminal Procedure (CrPC) when the police received information pertaining to a cognizable offense.A Bench of Justices Bela M. Trivedi and Justice Dipankar Dutta was hearing an appeal from a Bombay HC decision that refused to entertain a petition to...
Supreme Court Sets Aside Directions Issued By P&H High Court Regarding Appearance Of Prosecution Witnesses
The Supreme Court recently set aside the directions issued by the Punjab & Haryana High Court regarding issuance of summons to prosecution witnesses in a criminal trial.The High Court, in its order passed on May 27, 2022, had adopted the directions issued by the Madhya Pradesh High Court in Rambahor Saket and others vs State of M.P.(2018) and reiterated those guidelines as...
PC Act | Special Court Can Proceed Against Accused For IPC Offences Though Sanction Under S.19 PC Act Is Not Granted : Supreme Court
The Supreme Court recently held that a Special Court under the Prevention of Corruption Act 1988 (PC Act) can proceed against an accused for offences under the Indian Penal Code 1860 even if sanction for prosecution has not been granted in respect of PC Act offences as per Section 19 of the said Act.In this case, the appellant, a bank manager, was facing trial for offences punishable...
Electronics Shop Repairing & Servicing Electrical Goods Is “Factory” Under ESI Act: Supreme Court
The Supreme Court recently held that the electronic goods shop which sells goods and repairs/services such goods can be said to be engaged in a “manufacturing process” using “power” as defined under ESI Act and Factories Act, 1948.The Supreme Court bench comprising Justices Hima Kohli and Justice Rajesh Bindal was hearing an appeal against the Karnataka HC judgment which confirmed...
B.Ed. Graduates Ineligible For Post Of Primary School Teachers, Holds Supreme Court; Says 'Right To Education Includes Quality Education'
The Supreme Court has upheld the decision of the Rajasthan High Court which had made B.Ed. (Bachelor of Education) degree holders ineligible for appointment to the post of primary school teachers. The bench comprising Justice Aniruddha Bose and Justice Sudhanshu Dhulia opined that the fundamental right of primary education in India as guaranteed under Article 21A of the Indian Constitution...
RFCTLARR Act | Supreme Court Sets Aside Award Passed During COVID Lockdown; Says 'Fair Opportunity Of Hearing Must Be Given To Claimant'
A Division Bench of the Supreme Court, comprising Justices Surya Kant and Dipankar Datta, recently examined the objective of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (2013 Act) while allowing an appeal. The Court held that for fair compensation under the said act, “it is imperative that a fair opportunity of hearing is...
Court Has No Power To Modify Award U/Sec 34 Arbitration & Conciliation Act : Supreme Court
The Supreme Court reiterated that a court, under Section 34 of the Arbitration and Conciliation Act, has no power to modify an arbitration award.The limited and extremely circumscribed jurisdiction of the court under Section 34 of the Act, permits the court to interfere with an award, sans the grounds of patent illegality, the bench of Justices S Ravindra Bhat and Dipankar Datta said.In...
'Can't Direct Govt To Introduce Bill': Supreme Court Sets Aside HC Directions To Make Law Commission Statutory Body & Codify Tort Law
The Supreme Court on Friday reiterated that a writ court cannot mandate to the legislature to legislate on a particular subject. A division bench of Justice Abhay S Oka and Justice Sanjay Karol observed that it is not within the power of a writ court to direct the Government to introduce a particular bill in the legislature and that it can only recommend amendments...