Supreme Court Quarterly Digest on Motor Vehicles Act [July - September, 2022]

Motor Accident Claims - The owner of the vehicle is expected to verify the driving skills and not run to the licensing authority to verify the genuineness of the driving license before appointing a driver. Therefore, once the owner is satisfied that the driver is competent to drive the vehicle, it is not expected from the owner thereafter to verify the genuineness of the...

Supreme Court Waives Requirement Of Solvency Certificate For Gautam Navlakha To Avail House Arrest

The Supreme Court on Tuesday waived the condition that activist Gautam Navlakha, who is lodged in Mumbai prison in the Bhima Koregaon case, should obtain a solvency certificate for availing the benefit of house arrest.Last week, the Court had allowed Navlakha's request to be placed under house arrest in consideration of his medical condition. However, the Court had imposed several...

Indian Olympic Association| Constitution Drafted By Justice Nageswara Rao Has Been Adopted : Centre To Supreme Court

The Supreme Court, on Tuesday, closed a contempt petition filed by Advocate Rahul Mehra pertaining to the Indian Olympic Association by recording the statement of the Solicitor General, Tushar Mehta. As Mr. Mehra mentioned the matter, the Bench comprising Justices D.Y. Chandrachud, Hima Kolhi and J.B. Pardiwala took it on Board. The allegations made in the contempt petition was that...

"Common Man Interested In Solutions Not Meetings": Supreme Courts Raps Punjab, Haryana Govts Over Failure To Prevent Flooding In Ghaggar River

Opining that the common man is interested in real solutions and not meetings, the Supreme Court of India on Tuesday pulled up the state governments of Punjab and Haryana for not taking any effective steps to prevent flooding near the Ghaggar river basin. A Bench of Justices MR Shah and MM Sundresh noted that both the Punjab and Haryana state governments took no concrete steps...

NEET-PG AIQ : Are Reserved Category Candidates Who're High On Merit Admitted In General Category? Supreme Court Asks Union

In a petition seeking proper implementation of reservation policy in the NEET-PG Counselling, the Supreme Court, on Tuesday, asked the Union Government to file an Affidavit. Advocate, Mr. Prashant Bhushan appearing before a Bench comprising CJI, Justice D.Y. Chandrachud, Justice Hima Kohli and Justice J.B. Pardiwala submitted that seats belonging to meritorious reserved candidates...

'Anticipatory Bail Condition Directing Panchayat Teacher To Return Her Salary Not Legally Sustainable': SC Sets Aside Patna HC Direction

The Supreme Court set aside an anticipatory bail condition imposed by Patna High Court directing a Panchayat Teacher to return her salary.The bench of Justices Ajay Rastogi and CT Ravikumar observed that such conditions are neither justified nor required to be imposed while granting anticipatory bail.Divya Bharti, a Panchayat Teacher, had approached the Patna High Court seeking anticipatory...

Can Greater Restrictions Be Imposed On Freedom Of Speech Of Ministers,MPs And MLAs? Supreme Court Constitution Bench Reserved Judgement

The Supreme Court on Tuesday reserved its judgment on whether free speech by public functionaries, including inter alia ministers, MLAs, MPs, should have greater restrictions than those imposed by Article 19 (2).The five-judge constitution bench of Justices Abdul Nazeer, B. R. Gavai, A. S. Bopanna, V. Ramasubramanian and B. V. Nagarathna heard the issue. The matter was referred to a larger...

'Petition Seeking Writ Of Quo Warranto Misconceived': SC Dismisses Plea Challenging Appointment Of ITAT Vice Presidents

The Supreme Court upheld the Madras High Court judgment dismissing challenge against appointment of two persons as Vice Presidents of the Income Tax Appellate Tribunal.No recourse to the writ jurisdiction of the High Court to seek a writ of quo warranto could have been taken, the bench of CJI DY Chandrachud and Justices JB Pardiwala observed.Aniruthan, a lawyer, had earlier approached the...

Nearly 1000 Cases Against MPs/MLAs Pending For Over 5 Years : Amicus Seeks Special Directions From Supreme Court For Speedy Trial

In a PIL seeking life-time ban on convicted politicians, Amicus Curiae, Senior Advocate, Mr. Vijay Hansaria, in his latest affidavit (17th Report) apprised the Bench that 962 cases pertaining to MPs/MLAs are pending for a period in excess of 5 years, as per information received from 16 High Courts. It appears that High Courts of large states like Uttar Pradesh, Rajasthan, Bihar, Telangana are...

Supreme Court Dissolves Committee Formed For Pollution & Traffic Management In Ghaziabad

The Supreme Court on Tuesday disposed of the matter regarding the improvement of the environment of Kaushambi and surrounding areas within the Ghaziabad Municipal Areas. The petition before the top court highlighted several issues ranging from haphazard traffic management to environmental pollution and unrestricted dumping of municipal solid waste.A bench comprising of Justices Aniruddha Bose...

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Sec.194H Income Tax Act Attracted For 'Supplementary Commission' Earned By Travel Agents ; Airlines Liable To Deduct TDS : Supreme Court

The Supreme Court held that Section 194H of the Income Tax Act is attracted in the case of Supplementary Commission amounts earned by the travel agent and therefore Airlines are liable to deduct TDS in this regard.The bench comprising Justices Surya Kant and MM Sundresh upheld the Delhi High Court judgment and overruled the Bombay High Court judgment in CIT v. Qatar Airways [2009 SCC...