Supreme Court Orders Release Of Daughter Suffering From Mental Illness After 12 Year Sentence For Homicide Of Father

Recently, the Supreme Court released a daughter who was incarcerated for more than 12 years on being convicted for murdering her father. The Senior Counsel appearing for the appellant (daughter) had argued that she was suffering from a mental illness.A Bench comprising Justice BR Gavai and Justice Aravind Kumar observed that the prosecution had failed to establish that the act was done by...

Supreme Court E-Committee Conducts First Ever Digital Accessibility ICT Training For Visually Challenged Judicial Officers, Staff

The E-Committee of the Supreme Court of India conducted the first ever Digital Accessibility Information and Communications Technology (ICT) ICT training for Visually challenged Judicial Officers and Court staff on April 17 and 18, 2023 at the Indian Institute of Public Administration (IIPA), New Delhi. Digital accessibility training for the Differently Abled is part of the e-Committee’s...

Govt Servants Required To Be At Disposal Of Govt All The Time; Can't Claim Overtime Allowance Under Factories Act : Supreme Court

The Supreme Court has held that government employees cannot claim double overtime allowance as per the Factories Act, if the service rules do not provide for it.A bench comprising Justices V Ramasubramanian and Pankaj Mithal made this significant ruling while deciding the issue whether employees working as supervisors at the Security Printing & Minting Corporation of India (a company...

Supreme Court Deprecates High Courts Entertaining Writ Petitions In SARFAESI Matters; Frowns Upon Borrowers Approaching HCs To Consider Offers To Banks

The Supreme Court has deprecated the interference of the High Courts in commercial matters, more particularly pertaining to the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (“SARFAESI Act, 2002”).The Bench comprising of Justice Sanjiv Khanna and Justice M.M. Sundresh while adjudicating an appeal filed in M/s South Indian Bank Ltd....

Penalty Leviable Under S. 45 of the Gujarat Sales Tax Act, 1969 Is Statutory And Mandatory; Commissioner/AO Has No Discretion: Supreme Court

The Supreme Court has ruled that the penalty and interest leviable under Sections 45(6) and 47(4A) of the Gujarat Sales Tax Act, 1969, respectively, are statutory and mandatory in nature and there is no discretion vested in the Commissioner/Assessing Officer to levy or not to levy the penalty and interest other than as prescribed.The bench of justices M.R. Shah and B.V. Nagarathna held that...

[Unlawful Assembly] Section 149 IPC Will Be Attracted If Five Or More Persons Specifically Named In FIR Are Facing Trial Separately : Supreme Court

The Supreme Court recently observed that the Section 149 (Unlawful assembly) of the Indian Penal Code will be attracted even if the specifically named five or more persons are facing trial separately.“In that view of the matter when five persons were specifically named in the FIR and five persons are facing the trial may be separately, Section 149 IPC would be attracted”, a Bench of...

UAPA | 'No Reasonable Grounds To Believe Accusations Are Prima Facie True' : Supreme Court Grants Bail To Two Alleged Maoists After 4.5 Years' Custody

The Supreme Court on Monday granted bail to two accused persons allegedly belonging to CPI (Maoist) in the 2018 murder case of two leaders of Telugu Desam Party (TDP) on the ground that they were in custody for more than four years and charges have not been framed yet.The Court further observed that materials placed on record do not state reasonable grounds for believing that the...

Trial Courts, Public Prosecutors Should Be Vigilant While Framing Of Charges Against Accused: Supreme Court

The Supreme Court observed that Trial Courts and the Public Prosecutors should be vigilant in the matter of framing of charges."Apart from the duty of the Trial Court, even the public prosecutor has a duty to be vigilant, and if a proper charge is not framed, it is his duty to apply to the Court to frame an appropriate charge", the bench of Justices Abhay S. Oka and Rajesh Bindal said.In...

Appellate Electricity Tribunal Cannot Casually Render Findings of Coercion Without Proper Pleading, Proof Or Probe: Supreme Court

Last week, the Supreme Court pulled up the Appellate Tribunal for Electricity (APTEL) for ‘casually’ rendering findings of coercion, or fraud, without proper pleadings or proof, or without probing into evidence. A three-judge bench of Justices Sanjay Kishan Kaul, S Ravindra Bhat, and MM Sundresh was hearing a set of appeals preferred by Gujarat Urja Vikas Nigam Limited under...

Consumer Protection Act 1986 | Commercial Enterprises Can Raise Consumer Disputes In Relation To Goods Or Services Unconnected To Profit Generation : Supreme Court

In a notable verdict, the Supreme Court recently held that an enterprise is not excluded from the definition of "consumer" under the Consumer Protection Act 1986 merely because it is a consumer enterprise. A commercial enterprise can raise consumer disputes under the Act in relation to any goods purchased or services availed which are not for commercial purposes. To decide whether it is...

State & Its Instrumentalities Cannot Adopt An Attitude Of Pick & Choose In Land Acquisition Compensation Matters: Supreme Court

The State or its instrumentalities cannot be permitted to adopt an attitude of pick and choose, the Supreme Court remarked while allowing an appeal in a land acquisition matter.In this case, the Reference Court awarded the compensation at the rate of Rs.4,61,250/­ per acre. Partly allowing appeal filed by the State, the High Court to reduce it to Rs. 4,15,000/­ per acre.While...

Order VII Rule 11 CPC - Inconsistencies In Plaint Averments Not A Sufficient Reason To Reject Plaint : Supreme Court

The Supreme Court observed that a plaint cannot be rejected under Order VII Rule 11 CPC merely because there are some inconsistent averments in the plaint. For dealing with an application under Rule 11 of Order VII of CPC, only the averments made in the plaint and the documents produced along with the plaint are required to be seen, the bench of Justices Abhay S Oka and Rajesh Bindal...