Supreme court
Plea By Woman District Judge Who Resigned Alleging Sexual Harassment By High Court Judge: Supreme Court Lists For Final Hearing On 27th January
The Supreme Court on Friday decided to list the plea by a woman district judge who resigned from service after alleging sexual harassment by a High Court judge for final hearing on 27th January 2022.A Bench comprising Justice Nageswara Rao and Justice BR Gavai issued the direction on Friday while considering a writ petition filed seeking reinstatement of a woman Additional District Judge...
Bishop Franco Judgment Overturned Criminal Law Jurisprudence, Put Rape Survivor On Trial : Rebecca John
Renowned criminal law practitioner Rebecca M John, Senior Advocate, criticized the judgment of the trial court which acquitted Bishop Franco Mulakkal in the nun rape case. She termed the judgment "a travesty", which "put the victim on trial instead of the accused", "overturned the criminal law jurisprudence" and "completely disregarded the law of the land".Speaking at a virtual meeting...
Hindu Sena Leader Approaches Supreme Court Opposing Plea Seeking Action Against Dharam Sansad Speeches
The National President of Hindu Sena has moved the Supreme Court seeking to intervene in and oppose the PIL which seeks criminal action for hate speech against the speakers at the Dharm Sansad conclave held at Haridwar and Delhi.The intervention application has been filed by Mr Vishnu Gupta in the writ petition filed by journalist Qurban Ali and Senior Advocate Anjana Prakash (former judge...
Virudhunagar Firecracker Blast: Supreme Court Sets Aside NGT's Order Directing 20 Lakhs Compensation; Remands Matter For Fresh Consideration
The Supreme Court on Friday set aside the National Green Tribunal's order directing the State of Tamil Nadu to pay 20 lakhs and Rs 15 lakhs compensation to the heirs of the deceased who died and were injured in the Virudhunagar firecracker factory blast on February 12, 2021.The bench of Justices AM Khanwilkar and Dinesh Maheshwari was considering a civil appeal filed by Tamil Nadu Fireworks...
Criminal Appeal Pending In HC For 13 Years : Supreme Court Issues Notice On Convict's Plea For Bail
The Supreme Court on Friday issued notice in a writ petition filed by a convict, who has already undergone more than 17 years of custody, seeking bail as his criminal appeal has been pending in the High Court for over 13 years. The bench of Justices AS Bopanna and Hima Kohli issued notice in the writ petition wherein the petitioner as an alternative had sought directions to the High Court...
Memories From The Life Of An Angel - Tribute To Lydia
Lydia Suzanne Thomas, who was the Kerala High Court correspondent of LiveLaw, had passed away on December 27, 2021, succumbing to cancer. Within a short stint of a few months, Lydia left a mark for herself in the field of legal journalism with her quick and crisp reports on complex legal issues.In the words of MA Rashid, Chief Editor and Founder of LiveLaw "Lydia was brilliant beyond her...
Tax Exemption Notification Must Be Construed Strictly; Promissory Estoppel Not Applicable In Taxing Matters: Supreme Court
On Friday, the Supreme Court reinstated the order of the Revenue levying demand of purchase tax and imposing penalty on Arcelor Mittal Nippon Steel India Limited (erstwhile Essar Steel Ltd.) for availing tax benefits without fulfilling all the eligibility criteria/condition of the Scheme For Special Incentives to Prestigious Units floated by the Gujarat Government in 1991.The Court held...
Statement In Advertisement Contrary To Service Regulations Won't Create Right In Favour Of Applicants: Supreme Court
The Supreme Court has held that in the event of a conflict between a statement in an advertisement and service regulations, the latter shall prevail. The Court added that an erroneous advertisement would not create a right in favour of applicants who act on such representation.The Court further held that "regulations framed by statutory authorities have the force of enacted law and in the...
Section 5 Limitation Act Does Not Apply To Institution Of Civil Suit In Civil Court: Supreme Court
Section 5 of the Limitation Act does not apply to the institution of civil suit in the Civil Court, the Supreme Court said in a judgment on Friday (21 Jan 2022)The court observed thus while setting aside a judgment passed by the NCDRC in which it observed that the complainant would be at liberty to seek remedy in the competent Civil Court. The Commission further observed that if he chooses...
Marital Rape - Expectation Of Sexual Relations Cannot Lead To Husband Having Forcible Sex With Wife: Rebecca John To Delhi High Court
The Delhi High Court on Friday continued hearing a batch of petitions challenging the exception to Section 375 of the Indian Penal Code, which exempts forceful sexual intercourse by a man with his own wife from the offence of rape.Senior Advocate Rebecca John appearing as amicus curiae in the matter told a bench of Justice Rajiv Shakdher and Justice C Hari Shankar that expectation of...
Revisional Jurisdiction Of NCDRC Extremely Limited, Reiterates Supreme Court
The Supreme Court observed that the revisional jurisdiction of the National Commission under Section 21(b) of the Consumer Protection Act is extremely limited.It should be exercised only in case as contemplated within the parameters specified in the said provision, namely when it appears to the National Commission that the State Commission had exercised a jurisdiction not vested in it by law,...