Supreme court
Reach Out To Children Orphaned Due To COVID To Pay Compensation : Supreme Court Directs States
The Supreme Court on Wednesday directed the States to reach out to children who were orphaned due to COVID-19 for paying them ex-gratia compensation of Rs 50,000. The Court noted that the orphans may not be in a position to submit applications to claim compensation and hence the State authorities should reach out to them.The National Commission for Protection of Child Rights(NCPCR) has told...
COVID-19 Death Compensation : Supreme Court Directs States To Not Reject Claims on Technical Grounds
On Wednesday, the Supreme Court directed the States not to reject applications/claims of the kin/family members of persons who have succumbed to COVID-19 on technical grounds. The Apex Court further noted that wherever applications are rejected the States are duty bound to communicate the reason for the same to the concerned claimant and provide them opportunity for rectifying...
Supreme Court Slams UP Police, Magistrate Over Arrest & Remand Of Accused Ignoring SC's Bail Order
While considering an application filed by Vijay Kumar Sharma, accused in Bike Bot Scam, the Supreme Court today deprecated the conduct of Investigating Officer of the Uttar Pradesh Police and expressed serious reservation in the manner in which the Magistrate proceeded to direct remand despite Top Court's order of directing Sharma's release."We deprecate the conduct of the Investigating...
Supreme Court Grants Reprieve To A Software Developer Who Was "Hounded" By Her Employer -Read Judgment
The Supreme Court has granted reprieve to a software developer who was "hounded" by her employer which instituted a suit claiming money spent on her "overseas deputation" after she resigned from the company. The Court has affirmed that "a deputation involves a tripartite consensual agreement between the lending employer, borrowing employer and the employee", and "a transient business...
Failure To Disburse COVID Death Compensation : Chief Secretaries Of Bihar & AP Appear Before Supreme Court; Assure Compliance
On Wednesday, the Supreme Court lashed out at the States of Bihar and Andhra Pradesh for not complying with its earlier directions in disbursing ex-gratia compensation to the kin/family of the persons who have died due to COVID-19. Satisfied that the States have failed to comply with its previous orders, a bench comprising Justices M.R. Shah and Sanjiv Khanna issued show cause notices...
Marital Rape| 'Consent' An Implicit Condition In Exceptions To S. 375 IPC: Amicus Curiae Rebecca John To Delhi High Court
On Wednesday, the Delhi High Court continued hearing a batch of petitions challenging the second exception to Section 375 of the Indian Penal Code, which exempts forceful sexual intercourse by a man with his wife from the offence of rape.Starting her arguments as the second amicus curiae in the case, Senior Advocate Rebecca John emphasized that 'consent' is an underlying condition in...
When Defendant's Trademark Is Identical To Plaintiff's Registered Trademark & Their Goods Or Services Are Identical, Confusion In Public Shall Be Presumed : Supreme Court
"In an infringement action, an injunction would be issued as soon as it is proved that the defendant is improperly using the trade mark of the plaintiff".
'Only Advisory' : Supreme Court Clarifies Lawyers Not Barred From Using Mobile Phones To Attend VC
The Secretary General of Supreme Court of India has written to the Supreme Court Advocates On Record Association clarifying that Supreme Court's notification dated January 17, 2022 asking lawyers to avoid using mobile phones during virtual court hearings was only advisory in nature.The letter has stated that the purpose of the said advisory is to facilitate smooth functioning of the Court and...
Supreme Court Reserves Judgement On 12 BJP MLAs Plea Challenging Maharashtra Assembly's Resolution To Suspend Them For 1 Year
The Supreme Court today reserved judgement in batch of petitions by 12 BJP MLA's who were suspended from Maharashtra Legislative Assembly for a period of 1 year challenging the resolution dated July 5, 2021 passed by the Legislative Assembly.The bench of Justices AM Khanwilkar, Dinesh Maheshwari and CT Ravikumar while reserving judgement asked the parties to submit their written statements in...
In Judicial Review Proceedings, Courts Are Concerned With Decision-Making Process And Not The Decision Itself: Supreme Court
In judicial review proceedings, the Courts are concerned with the decision-making process and not the decision itself, the Supreme Court observed in a judgment today.In this case, the appellant, a head constable, had approached the High Court seeking retrospective promotion with effect from 21.01.2004. His grievance was that he should have been promoted in the year 2004 itself and that the...
OBC Quota In Local Body Polls : Supreme Court Directs Maharashtra Govt To Submit Data On OBCs To State Commission
The Supreme Court today asked the State of Maharashtra to submit the data and information available with the State concerning Other Backward Classes with the Maharashtra State Backward Classes Commission.The bench of Justices AM Khanwilkar, Dinesh Maheshwari and CT Ravikumar also said that the Committee may submit the interim report if so advised to the concerned authorities within 2 weeks...