Supreme court
Order Allowing Review Petition Must Be Speaking & Reasoned Order As To What Was The Error Apparent On The Face Of Record: Supreme Court
The Supreme Court observed that an order allowing a review petition should be a speaking and reasoned order as to what was the error apparent on the face of the record."Merely stating that there is an error apparent on the face of the record is not sufficient. It must be demonstrated.", the bench comprising Justices MR Shah and BV Nagarathna observed.In this case, the Division Bench of the...
Mere Breach Of Contract Cannot Give Rise To Criminal Prosecution For Cheating: Supreme Court
The Supreme Court reiterated that a mere breach of contract cannot give rise to criminal prosecution for cheating.The court observed that a mere breach of contract is not in itself a criminal offence and gives rise to the civil liability of damages."Even in a case where allegations are made in regard to failure on the part of the accused to keep his promise, in the absence of a culpable...
Kerala Seeks Fresh Review Of Mullaperiyar Dam's Safety By Independent Panel Of Experts; Supreme Court Hearing Tomorrow
In the latest affidavit filed before the Supreme Court in the Mullaperiyar dam case, the State of Kerala has sought a fresh review of the safety of Mullaperiyar by Independent panel of experts.Following suggestions have been put forth by the state of Kerala:a. A fresh review of the safety of Mullaperiyar by Independent panel of experts comprising qualified Engineers and experts in the...
No Provision For Re-Examination For Civil Service Aspirants Failing To Appear In Mains Due To COVID : UPSC Tells Supreme Court
Responding to a plea by civil service aspirants seeking extra chance in Mains exam as they could not appear for the same due to COVID-related issues, the Union Public Service Commission's (UPSC) has told the Supreme Court that there is no provision for holding re-examination in case a candidate fails to appear in the examination on the scheduled date for any reason including any ailment...
Whether Product `Nimbooz' Can Be Classified Under Item `Lemonade' Or `Fruit Pulp Or Fruit Juice Based Drinks': Supreme Court To Consider
The Supreme Court recently agreed to consider whether the product `Nimbooz' can be classified under item `Lemonade' and/or as `fruit pulp or fruit juice based drinks' for the purpose of Central Excise levy.The bench of Justices MR Shah and BV Nagarathna agreed to consider the question while issuing notice in the civil appeal assailing the order dated October 1, 2021 passed by the...
Bharat Biotech, SII Oppose Plea In Supreme Court For Public Disclosure Of Vaccine Trial Data
Vaccine manufactures Bharat Biotech Ltd and Serum Institute of India opposed a petition in the Supreme Court seeking disclosure of the data on clinical trial and adverse events following immunization in relation to Covaxin and Covishield vaccines developed by them respectively against COVID-19 pandemic.A bench comprising Justices L Nageswara Rao and BR Gavai was hearing a writ petition filed...
Acquittal Of Delinquent Employee In A Criminal Case Does Not Debar Employer From Proceeding With Disciplinary Enquiry: Supreme Court
The Supreme Court observed that the acquittal of the delinquent employee in a criminal case does not debar the employer from proceeding with disciplinary enquiry.The bench comprising Justices DY Chandrachud and Surya Kant observed that a Court in the exercise of judicial review of disciplinary proceedings must restrict its review to determine whether: (i) the rules of natural justice have...
Vaccine Mandates Are Reasonable Restrictions In Larger Public Interest : States Before Supreme Court
The States of Tamil Nadu, Maharashtra and Madhya Pradesh on Tuesday justified the government orders which mandated the taking of COVID vaccines to avail public utilities and access public places.A bench comprising Justices L Nageswara Rao and BR Gavai was hearing a writ petition filed by Dr.Jacob Puliyel, a former member of the National Technical Advisory Group on Immunisation, seeking the...
Insurance Policy Condition Barring Filing Of Claim After Specified Time Period Void Contrary To Section 28 Contract Act : Supreme Court
The Supreme Court has observed that a condition in the insurance policy which bars the filing of the claim after the specified time period is contrary to Section 28 of the Indian Contract Act, 1872 ("Act") and thus void.The observation was made by the bench of Justices Hemant Gupta and V Ramasubramanian while dismissing a special leave petition filed by the Oriental Insurance Company...
Supreme Court Directs Faridabad Authorities To Help Railways Evict Encroachers; Refuses To Extend Deadline For Evicted Slum Dwellers To Apply Under PMAY
The Supreme Court on Monday refused to extend the timeline granted to slum dwellers who got evicted from railway land in Surat to apply for alternate accommodation under the Pradhan Mantri Awas Yojana (PMAY).Noting that the timeline was upto March 31st, 2022, the bench of Justices AM Khanwilkar and AS Oka in its order noted that earlier it had shown indulgence by directing the Surat...
Supreme Court Allows Registration Of BS-VI Diesel Vehicles Used For Public Utility & Essential Services
The Supreme Court on Tuesday allowed the registration of BS-VI light and heavy diesel vehicles used for public utility and essential services. The Court directed that the authorities should not insist on Court orders for the registration of vehicles in this category."We are of the considered view that the registration can be permitted for BS-VI light and heavy diesel vehicles used for...
Mullaperiyar Dam Case : Supreme Court To Start Final Hearing Tomorrow
The Supreme Court on Tuesday adjourned to Wednesday a batch of writ petitions raising safety concerns about the Mullaperiyar dam in Kerala, on the request of the state of Tamil Nadu.The writ petition are filed by certain petitioners from Kerala.The bench headed by Justice A. M. Khanwilkar recorded, "As requested by Mr. Naphade (Senior Advocate Shekhar Naphade for the state of Tamil Nadu),...