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High Court Cannot Enhance Sentence Without Putting Accused To Notice : Supreme Court
The Supreme Court, on Friday, opined that High Courts are required to give notice to the accused before enhancing sentences. It set aside an enhancement, wherein the Rajasthan High Court had modified sentence of imprisonment for life simplicitor to life imprisonment till death, without giving prior notice to the accused; depriving them of an opportunity to defend themselves. "As a...
Review Power Can Be Invoked Only For Errors Apparent On Record, Not For Errors Which Are To Be Detected By Process Of Reasoning : Supreme Court
The Supreme Court observed that an erroneous decision of a court cannot be corrected by exercising review jurisdiction, but can only be corrected by the Superior Court.An error that has to be detected by a process of reasoning, cannot be described as an error apparent on the face of the record for the Court to exercise its powers of review, the bench comprising CJI NV Ramana, Justices...
Section 304B IPC -Message Should Go That Dowry Death Shall Be Dealt With An Iron Hand: Supreme Court
Observing that "the legislative intent of incorporating IPC section 304ÂB was to curb the menace of dowry death with a firm hand" and that "in dealing with cases under section 304ÂB, such legislative intent has to be kept in mind", the Supreme Court has asserted that in the imposition of sentence for the offence of dowry death, "a strong message must go in the society that a person who...
Appeals Against ITAT Order Will Lie Only Before The High Court Within Whose Jurisdiction The Assessing Officer Is Situated: Supreme Court
Settling a crucial issue, the Supreme Court, on Thursday, held that appeals against orders of Income Tax Appellate Tribunal (ITAT) will lie only before the High Court within whose jurisdiction the assessing officer is situated. The Apex Court clarified that even if the case is transferred in exercise of power under Section 127 of the Income Tax Act, which enables a higher authority...
Bhima Koregaon Case : Supreme Court Asks Special NIA Court To Decide On Framing Charges Within 3 Months
The Supreme Court on Thursday asked the Special NIA Court to decide on framing charges in the Bhima Koregaon case within a period of three months. The Court also directed the NIA Court to decide the discharge applications filed by the accused in the case simultaneously.A bench comprising Justice UU Lalit and Justice Ravindra Bhat passed the direction while considering a petition field by...
"There Is A Lot Of Importance To Marriage For Women", Says Supreme Court While Allowing Wife's Plea To Set Aside Divorce Granted To Husband
While setting aside a divorce decree granted in favour of a husband, the Supreme Court on Thursday orally remarked that marital status is important for women in India given the social situation here. A Division Bench of Justices UU Lalit and Ravindra Bhat was considering a petition filed by the appellant wife seeking to challenge a divorce decree granted by the High Court on the ground...
Pharma Cos Distributed Rs 1000 Crore Freebies Among Doctors To Prescribe Dolo-650 Tablets : FMRAI Tells Supreme Court
On Thursday, the Federation of Medical & Sales Representatives Association of India informed the Supreme Court that the Central Board for Direct Taxes have accused the Pharma Company manufacturing DOLO tablets, a fever reducing drug, of distributing INR 1000 crore worth freebies to doctors for prescribing dosage of 650mg. Senior Advocate, Sanjay Parikh appearing on behalf of...
"Will Create A Lot Of Complications": Supreme Court Refuses To Issue Guidelines On Compensation For Victims Of Wrongful Prosecution
"This will create a lot of complications", the Supreme Court of India orally observed on Thursday, while considering petitions filed by lawyer Ashwini Upadhyay and BJP leader Kapil Mishra seeking a uniform compensation code for victims of wrongful prosecution. A Division Bench of Justices UU Lalit and Ravindra Bhat, observed, "This will create a lot of complications….This involves...
Issue Regarding Exclusion Of NCLT Members From Benefits Granted To Other Tribunal Members Will Be Resolved Soon : Centre Tells Supreme Court
In a plea challenging the exclusion of NCLT members from the Eighth Schedule of the Finance Act, 2017, Tribunal, Appellate Tribunal and other Authorities (Qualifications, Experience and other Conditions of Service of Members) Rules, 2020 and the subsequent Tribunals Reforms (Rationalisation and Conditions of Service) Ordinance, 2021 and the benefits accruing thereunder, Additional...
Disabled Employee Should Not Be Forced To Forfeit Seniority For Choosing Posting Place As Per Beneficial Circular : Supreme Court
The Supreme Court, while noting the plight of a physically disabled employee, stated that disabled employees should not be forced to forfeit seniority for choosing posting place as per a beneficial circular. The circular in question was issued by the Finance Department of the Rajasthan Government. It directed the appointing authorities to consider the posting of persons with disabilities at...
Endosulfan Tragedy| Supreme Court Seeks Report From Kasargod District Legal Services Authority On Medical Facilities For Victims
The Supreme Court, on Thursday, directed the Secretary, District Legal Services Authority, Kasaragod, Kerala to visit the medical and healthcare facilities at various levels, including district hospitals, general hospital, community healthcare centres, primary healthcare centres, assigned for treatment of Endosulfan victims in the district and submit a status report within 6 weeks. The...