Supreme court
Builder Can't Be Asked To Raze Down Validly Constructed Structures Due To Later Changes In Environmental Clearance Law : Supreme Court
"A Project Proponent is not expected to anticipate the changes in EC regimes, especially as a result of judicial interventions, and keep revisiting the sanctioned clearances by the competent authority or even raze down validly constructed structures"
'Targeted Harassment Of Press' : HW Network Journalists Move Supreme Court Challenging Tripura Police FIR Over Reports On Communal Violence
Challenging the FIRs registered by the Tripura police over the reports on communal violence in the State, the media company Theos Connect (which operates the digital news portal HW News Network), and two of its journalists Samridhi Sakunia and Swarna Jha and its Associate Editor Arti Ghargi have approached the Supreme Court.The Court on Friday accepted the request made by Advocate Sandeep...
'Keep The Option Of Going To Courts As Last Resort': CJI NV Ramana Emphasizes Importance Of ADR Mechanisms
Chief Justice of India NV Ramana on Saturday emphasized on the importance of Alternate-Dispute Resolution (ADR) mechanisms as a form of resolution of conflicts. He underscored that legal practitioners must keep the option of approaching Courts as a 'last resort' in order to maintain relationships. The CJI was speaking at the Curtain Raiser and Stakeholders' Conclave organised by the...
BREAKING : Karnataka High Court Refuses To Interfere With Stay On Bar Council Of India Elections
The Karnataka High Court on Saturday refused to interfere with the interim order passed by the single judge bench, by which it has stayed the holding of elections on December 4 or to any other adjourned date to the office of the Chairman, Vice-Chairman and Executive Members of the Bar Council of India.A division bench of Chief Justice Ritu Raj Awasthi and Justice Sachin Shankar Magadum...
Can POCSO Cases Be Quashed On The Basis Of Compromise? Supreme Court Issues Notice In SLP Challenging Kerala HC Judgment
Can POCSO cases can be quashed on the basis of compromise between accused and victim? The Supreme Court issued notice in a special leave petition filed against Kerala High Court judgment in which this issue was raised.The accused in this case was the teacher of the victim. The allegation against him was that he touched her cheeks and kissed on her forehead etc. Following complaint, a crime...
Section 202(2) CrPC Inapplicable To Complaints Under Section 138 NI Act In Respect Of The Examination Of Witnesses On Oath: Supreme Court
The Supreme Court reiterated that the Section 202(2) CrPC is inapplicable to complaints under Section 138 in respect of the examination of witnesses on oath. The Court observed that the evidence of witnesses on behalf of the complainant shall be permitted on affidavit."If the Magistrate holds an inquiry himself, it is not compulsory that he should examine witnesses and in suitable cases...
ITAT Cannot Recall Its Order By Invoking Power U/Sec 254(2) Income Tax Act : Supreme Court
The Supreme Court observed that the Income Tax Appellate Tribunal cannot recall orders passed by it invoking power under Section 254(2) of the Income Tax Act.Section 254(2) power is only to correct and/or rectify the mistake apparent from the record and not beyond that, the bench comprising Justices MR Shah and BV Nagarathna said.In this case, the ITAT allowed the Revenue's appeal and held...
Ex-Parte Enhancement Of Sentence Illegal; HC Must Appoint Amicus Curiae If Accused Is Not Represented : Supreme Court
The Supreme Court of India has held that ex parte enhancement of sentence by the High Court is against the statutory mandate of the law under CrPC that provides for an opportunity to show case before enhancement of sentence in criminal revision.A Bench compromising Justice Sanjiv Khanna and Justice Bela Trivedi set aside Madras High Court's order that enhanced the sentences imposed on...
Pay Minimum Wages To Workers During Construction Ban : Supreme Court Directs Delhi, UP & Haryana Govts
The Supreme Court on Friday directed the Delhi NCR States to comply with its order for payment of wages notified under the Minimum Wages Act to workers in wake of ban on construction activities due to the ongoing Pollution crisis in the National Capital. A Bench comprising Chief Justice of India NV Ramana, Justice DY Chandrachud and Justice Surya Kant had on November 24th re-imposed the ban...
Right Against Sexual Harassment Part Of Right To Life & Dignity Under Article 21 : Supreme Court
The Supreme Court on Friday observed that the right against sexual harassment is vested in all persons as a part of their right to life and right to dignity under Article 21 of the Constitution. The Court stressed that it is important that that the spirit of this right is upheld instead of rejecting sexual harassment complaints on "hyper-technical" grounds.The Court highlighted that the...
Supreme Court Issues Directions For Faster Disposal Of Contempt Case Against NGO For Filing Frivolous Cases Against Azim Premji
Expressing dismay at the methods adopted by the NGO "India Awake for Transparency" to delay the hearing of the contempt case against it in the Karnataka High Court for filing multiple petitions on the same cause of action against Wipro founder Azim Premji, the Supreme Court has issued a slew of directions to ensure the faster disposal of the contempt case.The bench of Justices SK Kaul and...
Supreme Court Allows Delhi Govt's Construction Of 7 COVID Hospitals Subject To Compliance Of Air Quality Commission's Directions
Amidst the ongoing ban on construction in Delhi in wake of the pollution crisis, the Supreme Court of India on Friday permitted construction of 7 covid hospitals in Delhi subject to compliance of directions issued by Commission of Air Quality Management(CAQM).A Bench comprising Chief Justice of India NV Ramana, Justice DY Chandrachud and Justice Surya Kant has permitted the construction...