[Application On Permanent Remission] Supreme Court Pulls Up State of Uttar Pradesh For Non-Compliance of Earlier Order; Seeks Affidavit

The Supreme Court of India recently rapped the State of Uttar Pradesh for not complying with the Court’s earlier order which directed to consider and pass orders on the application of a convict seeking permanent remission.A Bench headed by Justice Abhay S Oka came down heavily on the State for not complying the Court’s order dated February 7 and had asked Rajesh Kumar Singh,...

Supreme Court Modifies Previous Order Mandating 1 Km Eco-Sensitive Zone (ESZ) Around Protected Forests

The Supreme Court on Wednesday modified its order dated June 3, 2022 to the extent that directions in the said order mandating a 1 km Eco-Sensitive Zone (ESZ) around protected forests would not be applicable to the ESZs in respect of which a draft and final notification has been issued by the Ministry of Environment, Forest and Climate Change (MoEF & CC) and in respect of the proposals...

Allopathy Doctors And Ayurved Doctors Do Not Perform Equal Work And Are Not Entitled To Equal Pay: Supreme Court

The Supreme Court, on Wednesday, held that Allopathy doctors and doctors of indigenous medicine cannot be said to be performing equal work so as to be entitled to equal pay.The Apex Court noted that the emergency duty that Allopathy doctors are capable of performing and the trauma care that they are capable of providing cannot be performed by Ayurved doctors. It further noted that it is...

Supreme Court Weekly Digest With Nominal And Subject/Statute Wise Index (Citations 282 - 307) [April 10 – 16, 2023]

SUBJECT WISE INDEXAdvocateDuty of all genuine lawyers to get their degrees verified: Supreme Court forms expert committee to oversee verification. Ajay Shankar Srivastava v. Bar Council of India, 2023 LiveLaw (SC) 307ArbitrationSection 34 application must be filed within 90 days limitation to claim exclusion of period when court remain closed. Bhimashankar Sahakari Sakkare Karkhane Niyamita...

Conviction Cannot Be Upheld In The Absence Of The Records Of The Trial Court: Supreme Court

The Supreme Court has recently set aside the judgment of the Allahabad High Court which upheld the conviction of a person under Prevention of Corruption Act, on the ground that High Court shall not decide an appeal without calling for the records of the case from the Trial Court.The division bench of Justice Krishna Murari and Justice Sanjay Karol noted:“The language of Section 385 shows...

Loss On Confiscation Of Smuggled Items By DRI Officials Cannot Be Claimed As ‘Business Loss’ Under Income Tax Act: Supreme Court

The Supreme Court bench comprising Justices M. R. Shah and M.M. Sundresh has set aside the Rajasthan High Court’s order of allowing the loss claimed by the assessee on account of confiscation of silver bars by the Customs department, as ‘business loss’ under Section 37(1) of the Income Tax Act, 1961. Justice M. R. Shah reckoned that the assessee was carrying on a legitimate...

Supreme Court Grants Anticipatory Bail To Indore Law College Professor In Case Over 'Hinduphobic' Book In Library

The Supreme Court, on Wednesday, granted anticipatory bail to Dr. Mirza Moziz Beg, an assistant professor at Indore’s Government Law College. The college has been embroiled in controversy over the presence of an allegedly ‘Hinduphobic’ and ‘anti-national’ book titled Collective Violence and Criminal Justice System by Dr. Farhat Khan, in its library.The matter was listed before a...

Supreme Court Orders High Courts To Ensure Digitization Of District Court Records To Facilitate Smooth Functioning Of Judicial Process

The Supreme Court on Monday issued directions to all the High Courts for ensuring digitalisation of lower court records.While hearing a criminal appeal where the lower court records were lost, the division bench of Justice Krishna Murari and Justice Sanjay Karol observed,"The job of the Court of Appeal is not to depend on the lower Court's judgment to uphold the conviction but, based on...

Income Tax Act- AO Can’t Make Additions to Completed Assessments In Absence Of Incriminating Materials: Supreme Court

The Supreme Court has ruled that no additions can be made by the Assessing Officer (AO) under Section 153A of the Income Tax Act, 1961 in the absence of any incriminating material found during the course of search under Section 132 or requisition under Section 132 A, in respect of completed /unabated assessments. The bench of Justices M.R. Shah and Sudhanshu Dhulia remarked that...

Filing Incomplete Chargesheet Without Completing Investigation Would Not Extinguish The Right Of Accused To Get Default Bail: Supreme Court

The Supreme Court, on Wednesday, held that without completing an investigation of a case, a chargesheet or prosecution complaint can't be filed by an Investigating Agency only to deprive an accused of his right to default bail under Section 167 of CrPC.A Bench comprising Justice Krishna Murari and Justice CT Ravikumar held the same while considering a criminal writ petition filed by...

Bail Condition | Seeking Pre-Deposit Of Bank Guarantee For Grant Of Bail Is Unsustainable: Supreme Court

The Supreme Court has set aside an order whereby a pre-condition of furnishing bank guarantee was imposed on the accused by the Trial Court and the High Court while granting bail. The Bench has regarded such practice to be unsustainable and bad.The Bench comprising of Justice Krishna Murari and Justice Ahsanuddin Amanullah, while adjudicating an appeal filed in Makhijani Pushpak Harish v...

AIBE Candidate Approaches Supreme Court Claiming That Delay In Declaration Of Results Is Jeopardizing Her Right To Practice As An Advocate

An Advocate has approached the Supreme Court aggrieved by the delay in declaration of results of the 17th All India Bar Examination (AIBE) results by the Bar Council of India (BCI). The 17th AIBE was conducted on 5th February 2023 across India, but despite a lapse of more than 2 and half months, the results are yet to be declared. The delay by the BCI “is jeopardizing the right of...