Supreme court
Benefit Of Tofan Singh Judgment May Be Taken During Regular Bail Hearing ; SC Sets Aside Anticipatory Bail Granted To NDPS Accused
The Supreme Court observed that an accused under NDPS Act may be able to take advantage of the Tofan Singh judgment at the time of arguing the regular bail application or at the time of final hearing after conclusion of the trial.To grant anticipatory bail in a case of this nature is not really warranted, the bench comprising Justices Indira Banerjee and V. Ramasubramanian observed while...
Supreme Court To Hear Plea Challenging GST On Disability Equipments
A writ petition filed challenging the levy of the Goods and Services Tax (GST) on disability equipments was mentioned before the Supreme Court on Friday.The writ petition Nipun Malhotra versus Union of India was filed in 2017. Advocate Jai Anant Dehadrai mentioned before a bench led by Justice DY Chandrachud that in 2020, the Court had granted the petitioner liberty to move a...
Can Life Sentence Be Reduced By Giving Benefit Of Right To Private Defence While Maintaining Murder Conviction ? : SC Issues Notice
Can a High Court, while maintaining murder conviction, reduce the life sentence to that already undergone, by giving the benefit of right to private defence?The Supreme Court might examine this issue in a special leave petition filed by the State of Madhya Pradesh against a Madhya Pradesh High Court judgment.In this case, the trial Court (in the year 1995) convicted Nandu @ Nandua and...
Section 11(6A) Arbitration Act Does Not Prevent Courts From Considering Issue Of Arbitrability : Supreme Court
Despite the insertion of Section 11(6A) in the Arbitration and Conciliation Act 1996, the Courts are not denuded of the power to examine the issue of non-arbitrability and jurisdiction at the stage of considering application of appointment of arbitrators under Section 11, held the Supreme Court recently.In this case Indian Oil Corporation Limited v. NCC Limited, the Supreme Court...
Migrant Workers Crisis - Issuing Ration Cards On The Basis Of 2011 Census Might Be Injustice : Supreme Court To Union Govt
The Supreme Court, on Thursday, in an application seeking compliance with its judgment regarding problems and miseries of migrant labourers indicated that modalities have to be worked out by the Central and State Governments to ensure that migrant workers are provided ration at any cost. A Bench comprising Justices M.R. Shah and B.V. Nagarathna asked the Union Government to come out...
Supreme Court Sets Aside HC Direction For EOW Probe Against Trustees Of Khasgi Trust; Directs Inquiry Under MP Public Trusts Act Into All Property Alienations
The Supreme Court on Thursday set aside the direction issued by Madhya Pradesh High Court for an investigation by the Economic Offences Wing (EOW) against the trustees of the Khasgi (Devi Ahilyabai Holkar Charities) Trust of Indore over alleged misappropriation of government properties.However, the Court held that the Madhya Pradesh Public Trusts Act 1951 will apply to the Khasgi trust...
Supreme Court Explains Meaning Of "Forests"; Holds Non-Forest Activities Cannot Be Permitted Without Prior Approval From Central Govt
The Supreme Court held that prior permission of the Central Government is required to allow any change of user of forest or deemed forest land.The bench comprising Justices AM Khanwilkar, Abhay S. Oka and CT Ravikumar held that the lands covered by the special orders issued under Section 4 of Punjab Land Preservation Act,1900, have all the trappings of forest lands within the meaning of Section...
Hate Speech : Supreme Court Asks Centre To Collect Information From States On Compliance With Directions To Prevent Mob Violence & Vandalism
In a batch of petitions, inter alia, seeking directions to prevent/curb hate speech, the Supreme Court, on Wednesday, asked the Secretary, Ministry of Home Affairs, Government of India, to compile information regarding preventive, corrective and remedial measures taken by the State Government, so far, in compliance with its earlier judgments. The compilation, in the form of a booklet,...
ED Moves Supreme Court To Transfer Trial Of Gold Smuggling Case From Kerala To Karnataka
The Enforcement Directorate (ED) has filed a petition in the Supreme Court seeking to transfer the trial in the gold smuggling case from Kerala to Karnataka. The transfer is sought for the money laundering case in relation to the smuggling of gold through diplomatic channels.The agency says that "free and fair trial" of the case is not possible in Kerala due to the close nexus between the...