Supreme court
Supreme Court Stays Patna HC Direction To State DGP To Produce Sahara Group Chief Subrata Roy Before It
The Supreme Court on Friday stayed the direction of the Patna High Court, also of Friday, by which the Bihar DGP was required to produce Sahara India Group Head Subrata Roy in the Court on May 16.The bench of Justices A. M. Khanwilkar and J. B. Pardiwala was hearing Roy's SLP against the February 11 judgment of the High Court and the subsequent order of April 27. On February 11, the High...
Owners Of Maradu Flats Demolished For CRZ Violations Not Entitled To Interest On Refund From Builders: Supreme Court
The Supreme Court on Friday held that the owners of the flats in the four buildings in Maradu, Kochi, which were demolished in 2020 for CRZ violations, are not entitled to interest on the refund payable to them by the builders.A bench comprising Justices L Nageswara Rao and BR Gavai ruled so on the reasoning that the purchasers had been staying in the flats allotted to them for a period of...
Endosulfan Tragedy :Supreme Court Slams Kerala Govt For Disbursing Compensation To Only 8 Out Of 3704 Victims
While considering a contempt plea preferred by victims of endosulfan alleging failure on the part of State of Kerala to disburse 5 lakhs compensation, the Supreme Court on Friday asked the State's Chief Secretary to hold monthly meetings to undertake the process of identification of the victims of endosulfan, ensuring disbursement of compensation of Rs 5 lakhs and taking steps to...
"Luxury Litigation": Supreme Court Pulls Up State Of Kerala For Challenging Seniority Of Upper Division Clerk
The Supreme Court on Friday pulled up the State of Kerala for filing a Special Leave Petition assailing Kerala High Court's order of affirming the seniority of an upper division clerk. "In the case of an upper division clerk who has been given seniority, is there for SC to interfere? We are not a court of law but a court of justice as well. Dismissed," the bench of Justices...
Wife's Dying Declaration Can Be Used To Prove Cruelty Even If Husband Is Acquitted Of Charges Relating To Her Death: Supreme Court
Overruling some of its earlier judgments, the Supreme Court observed that evidence of a deceased wife under Section 32 of Evidence Act with respect to cruelty could be admissible in a trial for a charge under Section 498A of the IPC.This is, however, subject to satisfaction of two preÂconditions (1) Her cause of death must come into question in the matter (2) The prosecution will have to...
National Consumer Commission's Appellate Order Can Be Challenged Before High Court Under Article 227 : Supreme Court
The Supreme Court has held that an order passed by the National Consumer Disputes Redressal Commission (NCDRC) in appeal under Section 58(1)(a)(iii) of the Consumer Protection Act 2019 can be challenged in a writ petition filed before a High Court under Article 227 of the Constitution.A bench comprising Justices MR Shah and BV Nagarathna held that NCRDC is a "tribunal" falling under Article 227...
Section 53A CrPC - Omission To Carry Out Accused's DNA Profiling By Itself Not Fatal In Rape Cum Murder Cases: Supreme Court
The Supreme Court observed that a lapse or omission to carry out DNA profiling, by itself, cannot be held to be fatal in rape cum murder cases."The lapse or omission (purposeful or otherwise) to carry out DNA profiling, by itself, cannot be permitted to decide the fate of a trial for the offence of rape especially, when it is combined with the commission of the offence of murder as in case...
Unfilled Tribunal Vacancies : Supreme Court Asks CAT Members To Function Beyond Their Tenure
Taking note of the vacancies in the Central Admininstrative Tribunals, the Supreme Court on Friday passed an order directing incumbents who are holding the post of members of CAT as judicial or administrative members to continue to function even beyond their term, subject to their consent and availbility .The Court invoked its extraordinary powers under Article 142 of the Constitution of...
'What Is This, Advocates Filing?': Supreme Court Refuses To Issue Notice On Lawyers' PIL Challenging Jahangirpuri Demolitions
Though not eager to issue notice, the Supreme Court, on Friday, asked its registry to list a plea seeking quashing of notification issued by the North Delhi Municipal Corporation which had called for the demolitions in the riot-hit Jahangirpuri and also sought compensation for the losses caused in the process, with the other petitions pending before it in this regard. "We will list...
Duomatic Principle In Company Law Applicable Even In Indian Context: Supreme Court
The Supreme Court observed that Duomatic Principle that 'strict adherence to a statutory requirement may be dispensed with if it is demonstrated otherwise on facts, if the same is consented by all members' is applicable even in the Indian context.The bench comprising Justices Vineet Saran and JK Maheshwari clarified that the said principle is only applicable in those...
Electricity Act - An Association Of Corporate Bodies Can Establish A Captive Power Plant Primarily For Their Own Use: Supreme Court
The Supreme Court observed that an association of corporate bodies can establish a captive power plant primarily for their own use.Shri Bajrang Power and Ispat Ltd. ("SBPIL") established a Captive Generation Plant. Shri Bajrang Metallics and Power Ltd. ("SBMPL") is a sister concern of SBPIL. SBPIL submitted a petition to the Chhattisgarh State Electricity Regulatory Commission ...
Supreme Court Directs All AIIMS Institutes To Adopt Roster Based Reservation For Preferential Candidates As Followed By JIPMER
While hearing a plea seeking direction to AIIMS to have a defined criteria for arriving at seat matrix for institutional preference candidates in INI-CET examination, the Supreme Court, on Friday, directed all AIIMS Institutes to adopt roster based reservation followed by Jawaharlal Institute of Postgraduate Medical Education and Research, Pondicherry (JIPMER). "We direct that the...