Whether ESI Act Excludes NGT Jurisdiction? Supreme Court Leaves Question Of Law Open While Affirming NGT Award On Gas Leak Compensation

The Supreme Court has refused to interfere with an order passed by the National Green Tribunal for relief and compensation for the victims of a toxic gas leak which happened in Rourkela Steel Plant in 2021. HowA bench comprising Justices S. Ravindra Bhatt and Justice Aravind kumar was hearing an appeal filed by the Rourkela Steel Plant. The Court didn’t interfere with the compensation...

"No Evidence" : Supreme Court Acquits Two Men Accused In 26 Year Old Rape Case

The Supreme Court acquitted two men accused in a rape case observing that there was no evidence brought on record to connect them with the offence.Avtar Singh, Sohan Lal and Gian Singh were accused of raping the prosecutrix. The prosecution case was that on 22.07.1996, at about 8 PM, when the woman had gone near a maize field, Avtar Singh forcefully took her away after making her unconscious...

Litigant Should Not Be Made To Suffer Because Of Advocate's Fault In Withdrawing Complaint By Mistake : Supreme Court

In a case relating to insurance claim, the Supreme Court observed that a litigant should not be made to suffer because of a fault of the counsel. that only due to the fault of counsel, a party should not be made to suffer. The bench comprising Justices JK Maheshwari and Justice KV Vishwanathan was hearing a plea against NCDRC judgment which denied insurance claim.In this case, NCDRC...

Supreme Court Monthly Round-Up: July 2023

Judgment/OrdersSupreme Court Grants Interim Protection To Teesta Setalvad For 7 Days ; Stays HC Order After Special Night SittingCase title- Teesta Atul Setalvad v. State of Gujarat Citation-SLP (CRIMINAL) Diary No(s). 25725/2023The Supreme Court at a special sitting on Saturday night granted interim relief to social activist Teesta Setalvad in connection with an FIR lodged against her by...

'Affinity Test' Cannot Be Applied As Litmus Test For Scrutinizing Caste Claims ; Pre-Constitution Period Documents Have Got Highest Probative Value : Supreme Court

The Supreme Court observed that 'affinity test' cannot be applied as a litmus test during scrutiny of caste claims."If an applicant is able to produce authentic and genuine documents of the per Constitution period showing that he belongs to a tribal community, there is no reason to discard his or her claim as prior to 1950, there were no reservations provided to the Tribes included in...

Only Fundamental Determinations Hit By 'Res Judicata', Not Incidental Or Collateral Findings : Supreme Court

The Supreme Court has held that only fundamental determinations of the Court are hit by res judicata in subsequent proceedings. If the Court makes any incidental, supplemental or non-essential observations, which are not fundamental but ‘collateral’ to the final determination, then those ‘collateral determinations’ would not be hit by res judicata. The Bench comprising of Justice...

Newspaper Reports Only Hearsay Evidence, Extra-Judicial Confession Has No Greater Credibility Because Newspapers Reported : Supreme Court

The Supreme Court recently reiterated that a newspaper report is only hearsay evidence and it can only be treated as secondary evidence under the Indian Evidence Act, 1872.A division bench of Justice Hrishikesh Roy and Justice Pankaj Mithal, while setting aside the sentence of life imprisonment awarded to two appellants accused of murder due to insufficient evidence,...

IBC- NCLAT Can 'Recall' Its Judgment, Can't 'Review' Them: Supreme Court Affirms NCLAT Ruling

The Supreme Court Bench comprising of Justice Sanjay Kishan Kaul and Justice Sudhanshu Dhulia, while adjudicating an appeal filed in Union Bank of India v Financial Creditors of M/s Amtek Auto Limited & Ors., has upheld the ruling of National Company Law Appellate Tribunal (“NCLAT”) five-member bench, wherein it was held that NCLAT is empowered to recall its judgment but not to...

Supreme Court Grants Interim Bail To M Sivasankar For 2 Months On Medical Grounds

The Supreme Court on Wednesday granted interim bail to M Sivasankar, Former Principal Secretary to the Chief Minister of Kerala, for 2 Months on Medical Grounds. Sivasankar had approached the Top Court seeking bail in a money laundering case in connection with the LIFE Mission corruption case on grounds of ill-health. LIFE (Livelihood, Inclusion and Financial Empowerment) Mission project is...

'Substantial Progress Made To Prevent Circulation Of Child Porn, Rape Videos On Social Media': Supreme Court Closes PIL

The Supreme Court on Tuesday closed the Public Interest Litigation (PIL) filed for controlling indiscriminate circulation of child pornography and videos of gang rape and rape through WhatsApp and other social media after the expert committee constituted by the Court for the matter, submitted its report on how it proposes to address the issue. The Court had initiated this suo motu PIL in...

Supreme Court Imposes Cost On State of UP For Delay In Complying With Direction For Premature Release Of 4 Convicts

The Supreme Court on Tuesday recently the State of Uttar Pradesh to pay a cost Rs.10,000/- to all four persons whose premature release directed by the Apex Court had been delayed by the state.A division bench of Justice Abhay S Oka and Justice Sanjay Karol imposed costs stating that there was no explanation from the authorities for the long delay in releasing the convicts. On 21st April...

Cheque Dishonour - Concurrent Sentencing Rule Only When Cases Arise Out Of Single Transaction: Supreme Court

The Supreme Court observed that it is only when the conviction in a cheque case arise out of the single transaction, concurrent sentence would be merited. But when there are several transactions, the judgment in V.K. Bansal v. State of Haryana (2013) 7 SCC 211 cannot be relied upon, the bench of Justices Hrishikesh Roy and Pankaj Mittal observed.In this case, the petitioner (in Special...