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Can SC Issue Directions On Administrative Side To High Courts ? Supreme Court Agrees To Consider 'Larger Issue' Raised By Attorney General
Can Supreme Court issue directions on administrative side to the High Courts ?The Supreme Court said it will examine this 'larger issue' raised by the Attorney General KK Venugopal.Earlier, the Apex Court had issued certain directions to 'tackle the problem with respect to delay in deciding the matters related to commercial disputes in the State of Uttar Pradesh. During last hearing, the...
Sufficiency Or Inadequacy Of Reasons To Believe Cannot Be Looked Into While Considering Validity Of Search & Seizure U/Sec 132 Income Tax Act: Supreme Court
The Supreme Court, in a judgment delivered on Wednesday, restated the principles in exercising the writ jurisdiction in the matter of search and seizure under Section 132 of the Income Tax Act."The sufficiency or inadequacy of the reasons to believe recorded cannot be gone into while considering the validity of an act of authorization to conduct search and seizure", the bench comprising...
Insurance Company Cannot Be Held Guilty Of Deficiency Of Service Solely For Delay In Processing/Repudiating Claims: Supreme Court
The Supreme Court observed that an insurer cannot be held guilty of deficiency in service solely for delay in processing the claim and delay in repudiation "They could be one of the several factors for holding an insurer guilty of deficiency in service. But it cannot be the only factor", the bench comprising Justices Hemant Gupta and V. Ramasubramanian observed.The court observed thus...
Section 436A CrPC Applicable To Special Acts In Absence Of Any Specific Provision : Supreme Court
The Supreme Court observed that Section 436A of the Code of Criminal Procedure would apply to the Special Acts also in the absence of any specific provision.The bench comprising Justices Sanjay Kishan Kaul and MM Sundresh also added that this provision requires mandatory compliance and there is not even a need for a bail application in a case of this nature particularly when the reasons for...
MBBS : Whether Partial Payment Of Fees Without Submission Of Enrollment Form Amounts To Admission In Medical College? Plea In Supreme Court
A writ petition has been filed in Supreme Court raising question of law as to whether provisional admission letter downloaded from counseling website is a confirmation of admission and joining of a medical college or partial payment of fee towards the course without submission of enrollment form, scrutiny of original documents and various other undertakings and swearing of...
PC Act - Can Public Servant Be Convicted Without Direct Evidence Of Bribe Demand? Supreme Court Defers Appeal To Await Decision On Reference
The Supreme Court recently adjourned the hearing in an appeal in a case under the Prevention of Corruption Act 1988 to await the decision of the pending reference on the issue as to whether a public servant can be convicted under Section 7 and Section 13(1)(d) read with 13(2) in the absence of direct evidence of demand for illegal gratification.A bench comprising Justices MR Shah and...
Supreme Court To Hear UP Govt Challenge Against Allahabad HC Order To Enhance Salaries Of Court Staff
The Supreme Court, on Tuesday, agreed to decide the plea of the Uttar Pradesh Government challenging the order of the Division Bench of the Allahabad High Court, which had, in essence, affirmed the Single Judge's direction to the the Government to take necessary steps to approve the Allahabad High Court Officers and Staff (Conditions of Service and Conduct) (Amendment) Rules, 2005 framed...
Assassination Or Bodily Injury Not Necessary For Offence Under Sec 121A IPC : Supreme Court Upholds Life Sentence In IISc Terror Attack Case
The Supreme Court on Monday upheld the conviction and life sentence of four persons for causing the terror attack at the Indian Institute of Science in Bengaluru in December, 2005. While doing so, a three judge bench of Justices UU Lalit, Hemant Gupta and S Ravindra Bhat observed that under section 121 A of the Indian Penal Code [Conspiracy to commit offences punishable...
"Give Names" : Supreme Court Asks Alleged Conman Sukesh Chandrashekhar To Reveal Details Of Payments Made To Prison Officials
The Supreme Court on Wednesday asked alleged conman Sukesh Chandrashekhar to divulge the details of the payments made by him to the officials of Tihar Jail, specifying the names of the persons who made by the payments on his behalf and to whom such payments were made.A bench of Justices Uday Umesh Lalit, S Ravindra Bhat and Sudhanshu Dhulia posed these questions after Senior Advocate R...
Supreme Court Says Patna HC Exceeded Bail Jurisdiction By Directing Sahara Chief Subrata Roy To Return Investments
The Supreme Court, on Wednesday, took strong exception to interim orders passed by the Patna High Court in the anticipatory bail application filed by one Promod Kumar Saini wherein Sahara India Group Head, Subrata Roy, being a third party was summoned and asked for a plan to return investments. A Bench comprising Justices A.M. Khanwilkar and J.B. Pardiwala was perturbed that the...