'Limitation Period Of Three Years Expired' : Supreme Court Sets Aside Court Martial Proceedings Against Army Officer

The Supreme Court set aside a court martial proceedings against an army officer on the ground that it was barred under limitation prescribed under Section 122 of the Army Act. In this case, a colleague of Col Anil Kumar (appellant), wrote a letter on 13.08.2015 to his superior in which he alleged that the appellant was sending indecent messages to his wife which were sexually explicit in...

Justice DY Chandrachud Takes Oath As The 50th Chief Justice Of India

Justice Dhananjaya Y Chandrachud on Wednesday took oath as the 50th Chief Justice of India. President of India Draupadi Murmu administered the oath to the newly sworn-in Chief Justice at the Rashtrapati Bhavan. The previous CJI UU Lalit had recommended the name of Justice Chandrachud as his successor on October 11, which the President accepted on October 17. As the CJI, Justice Chandrachud...

Time Limit For Filing Written Statement Not Mandatory If Suit Was Instituted Before Civil Court & Transferred To Commercial Court After Expiry Of 120 Days: Supreme Court

The Supreme Court observed that the time period for filing written statement is not mandatory if the suit was instituted in a civil court and transferred to a Commercial Court after the expiry of 120 days.The plaintiffs filed a suit for recovery of damages on the file of the Civil Court Senior Division Jalgaon in December, 2017. As two among the defendants failed to file written statement...

"Education Is Not Business ; Tuition Fee Shall Always Be Affordable" : Supreme Court Quashes GO Enhancing Private Medical College Fees By 7 Times

"Education is not the business to earn profit. The tuition fee shall always be affordable", the Supreme Court remarked while setting aside a Government order issued by State of Andhra Pradesh that enhanced the tuition fee of Private Medical Colleges by seven times, to Rs. 24 lakhs per annum.The bench of Justices MR Shah and Sudhanshu Dhulia observed that the G.O. enhancing the tuition fee on ...

Section 145/146 CrPC Proceedings Must Come To An End Once Civil Court Is Seized Of The Matter: Supreme Court

The Supreme Court observed that the proceedings under Section 145/146 Cr.P.C must come to an end once the Civil Court is seized of the matter.The interse rights of the parties regarding title or possession are eventually to be determined by the Civil Court, the bench of Justices said.The court observed thus while considering a special leave petition against the order of Allahabad High Court...

No Identification Of Accused, Witnesses Not Cross-Examined : Supreme Court Acquits 3 Men Sentenced To Death, Cites "Glaring Lapses" In Trial

"Every case has to be decided by the Courts strictly on merits and in accordance with law without being influenced by any kind of outside moral pressures."

MMC Act - Future Prospects Of Land & Building Cannot Be Considered For Determining Capital Value For Imposing Property Tax: Supreme Court

The Supreme Court observed that for determining capital value for imposing property tax under Mumbai Municipal Corporation Act, only the present physical attributes and status of the land and building can be considered and not the future prospects of the land.The bench comprising CJI Uday Umesh Lalit and Justice Ajay Rastogi dismissed appeals filed by Mumbai Municipal Corporation which held...

IIT Admissions : Supreme Court Asks JEE (Advanced) 2023 Organisers To State If Any Seats Are Vacant

The Supreme Court, on Monday, directed the organizing Chairperson, JEE (Advanced) 2023 to file an affidavit providing a status of the admission process setting out whether there are any vacant seats. In case there are seats available, the Court sought categorical information with respect to the discipline in which the seats are available. The order was passed in a plea challenging...

BREAKING|Karnataka HC Sets Aside Lower Court Order Blocking Twitter Accounts Of Congress & Bharat Jodo Yatra, Subject To Removal Of Infringing Material

The Karnataka High Court today allowed the appeal preferred by Indian National Congress against a civil court order which directed Twitter to block the national party's user account and that of Bharat Jodo. The relief is subject to the party removing material from their handles that offend MRT Music's copyrights.A division bench of Justices G. Narendar and PN Desai remarked,"The impugned...

Supreme Court Quarterly Civil Digest [July To September]

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 (SC)...

Accused Has Right To Receive Materials In Possession Of Prosecution Even If Draft Criminal Rules Have Not Been Adopted : Supreme Court; Justice Trivedi Dissents

The Supreme Court (2:1) held that an accused has the right to receive the list of the statements, documents, material, etc. in the possession of the prosecution even if Draft Rules of Criminal Practice are not yet adopted.The CJI Uday Umesh Lalit and Justice S. Ravindra Bhat disagreed with the Justice Bela M. Trivedi who, while dismissing a criminal appeal, observed that this right is...

Bonafides of PIL Petitioner Extremely Relevant Consideration ; Must Be Examined At Threshold Itself: Supreme Court

The Supreme Court observed that the bona fide of the petitioner who files the Public Interest Litigation (PIL) is an extremely relevant consideration and must be examined at the very threshold itself.This has to be done irrespective of the seemingly high public cause being espoused by the petitioner in a PIL, the bench of CJI Uday Umesh Lalit, Justices S. Ravindra Bhat and Sudhanshu...