Supreme court
Order Rejecting Review Cannot Be Challenged; Only Original Decree/Order Appealable : Supreme Court
The Supreme Court on Tuesday (Sep. 23) ruled that an order rejecting a review petition cannot be independently challenged, as it merely affirms the original order or decree. An aggrieved party must therefore contest the original order or decree itself, not the order rejecting the review. When the review is dismissed, there is no merger of the original decree with the dismissal order. The...
Prevention Of Corruption Act | High Court Cannot Discharge Accused For Invalidity Of Sanction : Supreme Court Reiterates
The Supreme Court reiterated that the alleged invalidity of sanction cannot be a ground to discharge an accused in a criminal case under the Prevention of Corruption Act, 1988 (PC Act).A bench of Justice M.M. Sundresh and Justice Satish Chandra Sharma allowed appeals filed by the Karnataka Lokayukta Police, setting aside a Karnataka High Court order that discharged the accused on the ground...
Supreme Court Grants Relief To Tribal Woman Denied Job For One-Day Delay In Medical Test
The Supreme Court has granted relief to a Scheduled Tribe candidate whose selection for a government post was cancelled merely because she reported one day late for the medical examination, despite having cleared the preliminary, mains, and interview stages. The candidate appeared for the medical test the 'next day' after the entire interview process, while the Jhakhand Public...
Supreme Court Imposes Rs 50K Cost On Bar Council Of Maharashtra & Goa For Entertaining Frivolous Complaint Against Advocate
The Supreme Court on Wednesday (September 24) imposed a cost of Rs 50,000/- on the Bar Council of Maharashtra and Goa for entertaining a frivolous complaint against an advocate.The cost has to be paid to the advocate who faced the proceedings.A bench of Justice Vikram Nath and Justice Sandeep Mehta passed the order while the appeal filed by the Bar Council of Maharashtra and Goa...
'Disturbing' : Supreme Court Slams Registry For 3 Years' Delay In Listing Case, Orders Enquiry
The Supreme Court strongly criticized its Registry for delaying the listing of a case by over three years despite a clear judicial order to list it 'immediately after service.' The Court directed the Registrar (Judicial) to conduct an inquiry into the lapse and submit a report within two weeks identifying the officer responsible."A bench of Justices JK Maheshwari and Vijay Bishnoi was hearing...
Second Special Leave Petition Not Maintainable If First SLP Against Same Order Was Withdrawn Unconditionally : Supreme Court
The Supreme Court on Tuesday (Sep.23) held that once a Special Leave Petition (SLP) is withdrawn unconditionally, a second SLP challenging the same order is not maintainable. The Court further clarified that if a review against the impugned order is dismissed, neither the dismissal of the review nor the original order can thereafter be challenged. “a second special leave petition would not...
Supreme Court Dismisses Airports Authority's Appeal Against Service Tax Levy For Cargo Handling
The Supreme Court on Tuesday dismissed an appeal filed by the Airports Authority of India (AAI) challenging the levy of service tax on services rendered in handling export cargo, ruling that such services fall within the ambit of “taxable services” under the Finance Act, 1994.A Bench of Justice Pankaj Mithal and Justice Prasanna B. Varale held that while “handling of export cargo”...
Supreme Court Summarises Principles On Retrospective Application Of Laws
In a recent judgment, the Supreme Court summarised the principles on retrospective application of legislations.A bench comprising Justice JB Pardiwala and Justice R Mahadevan made the discussion while holding that the 2016 amendment to Section 13(8) of the SARFAESI Act will apply to loans taken before the amendment came into force, if the default took place after the amendment.The...