Can NTPC Prescribe Condition That Aspirants Of Law Officer Post Should Clear CLAT-PG? Supreme Court To Consider

The Supreme Court on Tuesday issued notice in a plea seeking to declare the condition mandating applicants to clear CLAT for applying to the post of Assistant Law Officer in National Thermal Power Corporation Limited (NTPC) as unlawful, illegal and ultra vires the Constitution.A bench of Justices B R Gavai and Vikram Nath was hearing a Special Leave Petition filed by the petitioner...

Best of 2022- 17 Important Supreme Court Judgments on Anticipatory Bail

Supreme Court sets aside HC direction to give '72 hours notice' to an accused if state intends to arrest him. Vijaykumar Gopichand Ramchandani v. Amar Sadhuram Mulchandani, 2022 LiveLaw (SC) 1010ISRO Espionage Case: Supreme Court sets aside Kerala HC order granting anticipatory bail to accused, Asks HC to take fresh decision. CBI v. Siby Mathew, 2022 LiveLaw (SC) 1005'Anticipatory...

Magistrate Must Examine If Complaint Constitutes Only A Civil Wrong Before Summoning Accused : Supreme Court

The Supreme Court observed that a summoning order under Section 204 CrPC should not be passed lightly or as a matter of course."When the violation of law alleged is clearly debatable and doubtful, either on account of paucity and lack of clarity of facts, or on application of law to the facts, the Magistrate must ensure clarification of the ambiguities", the bench of Justices Sanjiv Khanna and...

Cinema Theatres Can Prohibit Viewers From Bringing Food Articles From Outside : Supreme Court

Supreme Court bench comprising Chief Justice DY Chandrachud and Justice PS Narasimha stated that a cinema hall owner could prohibit movie-goers from carrying their own food and beverages inside cinema halls. The Court observed that such a prohibition is "not unfair, unreasonable or unconscionable"."The condition of entry is imposed as a direct result of the exercise of the right of cinema...

Ministers' Statements In Official Capacity Cannot Be Vicariously Attributed To Govt : Supreme Court; Justice Nagarathna Dissents

A Constitution Bench of the Supreme Court has ruled by 4:1 majority that the statements made by a minister in official capacity are not vicariously attributable to the government.One among the questions considered by the bench was this : Can a statement made by minister traceable to any affairs of the state or for the protection of the government be attributed vicariously to the...

Former IPS Officer Sanjiv Bhat Seeks Recusal Of Justice MR Shah In Case Before Supreme Court

Former IPS officer Sanjiv Bhatt has filed an application seeking the recusal of Justice MR Shah from hearing his plea seeking to defer the hearing before the Gujarat High Court against conviction till the plea to adduce additional evidence is decided.The application stated that the subject matter of the present plea was earlier decided by Justice Shah when he was a judge of the Gujarat...

"All Conversions Can't Be Said To Be Illegal' : Supreme Court Refuses To Stay MP HC Order Against Declaration Before DM To Change Religion

The Supreme Court on Tuesday issued notice on the special leave petition filed by the State of Madhya Pradesh against the High Court restraining the government from taking coercive action against any person who contravenes Section 10 of the Madhya Pradesh Freedom of Religion Act, 2021 which requires a person desiring to convert religion to give a declaration in this regard to the...

Supreme Court To Hear Petitions Seeking Recognition Of Same-Sex Marriage On 6th January

The Supreme Court on Tuesday stated that it would list the two petitions seeking to transfer to the Supreme Court the petitions pending in the Delhi High Court and the Kerala High Court seeking recognition of same-sex marriage in India on 6th January. The transfer petitions were mentioned by Senior Advocate Menaka Guruswamy and Advocate Karuna Nundy before a bench comprising Chief Justice...

Hate Speech Strikes At Foundational Values Of Constitution; Political Parties Must Control Speeches Of Members: Justice BV Nagarathna

Hate speech strikes at the preambular goals of liberty, equality, and fraternity that are the foundational values embedded in our Constitution, said Justice B.V. Nagarathna, while delivering a dissenting judgement proposing to hold the government vicariously liable for a statement made by a minister that is traceable to any affairs of the state or for the protection of the government...

Additional Restrictions Not Found In Article 19(2) Cannot Be Imposed On Right To Free Speech : Supreme Court

The Supreme Court Constitution Bench comprising Justices S. Abdul Nazeer, B.R. Gavai, A.S. Bopanna, V. Ramasubramanian and B.V. Nagarathna has held that additional restrictions, not found in Article 19(2), cannot be imposed on the exercise of right to free speech under Article 19(1)(a) of Ministers, MPs and MLAs. It held that the grounds mentioned in Article 19(2) for restricting free speech...

"Burden To Prove Mental Incapacity Is On The Defence" : Supreme Court Upholds Conviction Of Man Accused Of Killing His Two Sons

Rejecting his plea of mental incapacity, the Supreme Court upheld the conviction of a man accused of killing his two sons."Where the accused is charged of murder, the burden to prove that as a result of unsoundness of mind, the accused was incapable of knowing the consequences of his acts is on the defence", the bench of Justices Dinesh Maheshwari and Sudhanshu Dhulia observed while dismissing...

Supreme Court Annual Digest 2022- ADMINISTRATIVE LAW

Administrative Law Administrative Law - Administrative/executive orders or circulars, as the case may be, in the absence of any legislative competence cannot be made applicable with retrospective effect. Only law could be made retrospectively if it was expressly provided by the Legislature in the Statute. (Para 30) Bharat Sanchar Nigam Ltd. v. Tata Communications Ltd., 2022 LiveLaw...