Supreme court
IIT Fees : Supreme Court Issues Notice On OCI Candidate's Plea Seeking Parity With Indian Students
The Supreme Court on Tuesday issued notice in an interlocutory application filed by an Overseas Citizen of India(OCI) candidate seeking parity with Indian Citizens with regards to the fees charged by the Indian Institute of Technology (IIT).The matter was listed before the bench of Justices S Abdul Nazeer and Krishna Murari. When the matter was called for hearing, Senior Advocate Anita...
Magistrate Must Be Conscious Of Consequences While Passing Order U/Sec 156(3) CrPC; Must Examine Relevant Materials: Supreme Court
The Supreme Court observed that a Judicial Magistrate is required to be conscious of the consequences while passing an Order under Section 156 (3) of the Criminal Procedure Code. It being a judicial order, relevant materials are expected to be taken note of, the bench comprising Justices Sanjay Kishan Kaul and MM Sundresh said while quashing an FIR registered pursuant to an order passed by...
Sec 498A IPC Conviction Should Not Be Maintained When There Is A Genuine Settlement Of Matrimonial Disputes : Supreme Court
Emphasizing the duty of the Court to encourage genuine settlement of matrimonial disputes, the Supreme Court set aside conviction of a man under Section 498A of the Indian Penal Code, 1860 ('IPC').In this case, the husband was convicted under Section 498-A IPC and was sentenced to undergo simple imprisonment of three years. Sessions Judge dismissed the appeal filed by him. Partly allowing...
Supreme Court Expands Definition Of 'Vulnerable Witnesses'; Directs HCs To Frame Vulnerable Witness Deposition Scheme
Noting that "the need for and importance for setting up special facilities which cater to the creation of a safe and barrier-free environment for recording the evidence of vulnerable witnesses has been engaging the attention of this court over the last two decades", the Supreme Court on Tuesday issued comprehensive directions in this regard.By way of the first direction, the bench of Justices...
Can The Request Of Enhancement Of Rent Be Decided In Eviction Proceedings? Supreme Court To Consider
The Supreme Court on Wednesday agreed to consider whether the request for enhancement of rent can be decided eviction proceedings.The bench of Justices Hemant Gupta and V Ramasubramanian was considering a SLP assailing Punjab and Haryana High Court order dated December 10, 2021 whereby the High Court had remanded the matter to decide the issue of enhancement of rent in eviction proceedings to...
Circumstances Under Which An Appeal Would Be Entertained Against An Order Of Acquittal: Supreme Court Explains
In a judgment delivered last week, the Supreme Court summarized the circumstances under which an appeal would be entertained by it from an order of acquittal.Ordinarily, this Court is cautious in interfering with an order of acquittal, especially when the order of acquittal has been confirmed upto the High Court. It is only in rarest of rare cases, where the High ...
Chronology Of Limitation Extension Orders Passed By Supreme Court Due To COVID Pandemic
The Supreme Court has passed several orders in relation to the extension of the limitation period, in tune with the rise and fall of the COVID pandemic waves at various phases.Here is a quick look at the chronology of the limitation extension orders passed by the Supreme Court in the suo motu case In Re Cognizance For Extension Of Limitation.Chronology of Limitation Extension23.03.2020 (Onset...
Can Lok Adalat Award In A Case Referred By Magistrate Be Executed As Civil Decree?
A question that often arises in the context of the execution of awards by Lok Adalat is whether an award passed in a case referred by a Magistrate's Court can be executed as if it is a decree of a civil court.This question arises in cases under S.138 of the Negotiable Instruments Act and the Domestic Violence Act that have been referred to Lok Adalats. The principles governing the execution...
Charitable Education Institutions Not Exempted From Payment Of Electricity Duty Under Maharashtra Electricity Duty Act 2016: Supreme Court
The Supreme Court has held that Charitable Education Institutions are not entitled to the exemption from payment of electricity duty post 08.08.2016 as per the provisions of the Maharashtra Electricity Duty Act, 2016. A bench comprising Justices M.R. Shah and Sanjiv Khanna allowed the appeal filed by the State of Maharashtra assailing the order of the Division Bench of the Bombay...
Supreme Court Restores Limitation Extension; Period From 15.03.2020 Till 28.02.2022 Excluded From Limitation
Taking note of the surge in COVID-19 cases across the country, the Supreme Court has ordered the extension of limitation period for filing of cases and applications in courts and tribunals."The order dated 23.03.2020 is restored and in continuation of the subsequent orders dated 08.03.2021, 27.04.2021 and 23.09.2021, it is directed that the period from 15.03.2020 ...
Judicial Interference In Policy Decisions Having Financial Implication Or Cascading Effect Is Unwarranted: Supreme Court
The Supreme Court observed that that interference by the Judiciary in a policy decision having financial implications and/or having a cascading effect is not at all warranted and justified.In this case, allowing the writ petitions filed by some employees, the Bombay High Court directed the State Government to extend the pensionary benefits to the employees of Water and Land Management...