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'You Kept Silent For 2 Years?': Supreme Court Dismisses Complainant's Challenge Against Pre-Arrest Bail To Rape-Accused
The Supreme Court on Friday dismissed a special leave petition filed against a Madhya Pradesh High Court's order granting anticipatory bail to a man accused of raping a 23 year old woman.During the hearing, Advocate Prashant Shukla submitted before a bench comprising the Chief Justice of India NV Ramana, Justice AS Bopanna and Justice Hima Kohli that there were clear allegations in the FIR...
Employee's Compensation Act: Liability To Pay Interest On Compensation Amount Is From Date Of Accident: Supreme Court
The Supreme Court observed that the liability to pay the interest on the amount of arrears/compensation under Employee's Compensation Act, 1923, shall be from the date of accident and not from the date of the order.In this case, the deceased employee was a sugarcane cutting labourer. While cutting the sugarcane, he died of a snake bite. His heirs filed a claim petition before the...
Order 41 Rule 27 CPC - True Test Is Whether Appellate Court Can Pronounce Judgment Without Considering Additional Evidence Sought To Be Adduced: Supreme Court
In a judgment delivered on Thursday (10 March 2022), the Supreme Court explained Order 41 Rule 27 of the Code of Civil Procedure which enables an appellate court to take additional evidence in exceptional circumstances.The court observed that an application seeking to adduce additional evidence can be allowed where (1) the additional evidence sought to be adduced removes the cloud of doubt...
Supreme Court Quashes HC Directions Against OLX India In A Case Of Seller Duping Through Impersonation
The Supreme Court quashed the directions issued by Punjab and Haryana High Court to OLX India to adopt a screening mechanism with respect to the sellers who could post an advertisement on its Platform."There was no occasion for the High Court to pass these directions; and more particularly, without hearing the appellant"., the bench headed by Justice UU Lalit said while allowing the appeal...
Court Deciding Bail Application Cannot Completely Divorce Its Decision From Material Aspects Of The Case: Supreme Court
The Supreme Court reiterated that a Court deciding a bail application cannot completely divorce its decision from material aspects of the case.The material aspects includes the following: (1) allegations made against the accused; (2) severity of the punishment if the allegations are proved beyond reasonable doubt which would result in a conviction;...
Supreme Court Upholds West Bengal Condition Of 3 Years Minimum Service In Remote Areas For In-Service Quota
The Supreme Court on Friday dismissed the plea of 4 doctors challenging the West Bengal state notification of October, 2021 extending the condition of three years' minimum service in remote/difficult/ rural areas for being considered as eligible for the in-service quota.The effect of the notification is that for availing of state quota seats in post- graduate medical courses, the...
SC Issues Notice In Plea For Direction To Frame Uniform Code Of Pharmaceutical Marketing Practices To Regulate Unethical Practices by Pharma Companies
The Supreme Court on Friday issued notice on a plea seeking a direction to the Centre to give the Uniform Code of Pharmaceutical Marketing Practices statutory basis and make it effective by providing a monitoring mechanism, transparency, accountability as well as consequences of violations.The petition has been filed in the wake of pharmaceutical companies bribing doctors to bring business and...
Supreme Court Grants Relief To Medical Student Who Was Denied PG Admission Citing His Disability
The Supreme Court granted relief to a medical student who was denied admission to a Post Graduate Course citing his disability caused due to an accident."He met with an accident when he was in his final year M.B.B.S. course and yet he successfully completed the course", the bench comprising Justices L. Nageswara Rao and B.R. Gavai observed while allowing the writ petition filed by...
Prison Reforms : Supreme Court Asks Justice Amitava Roy Committee To Submit Final Report In 6 Months
On Friday, the Supreme Court granted six month's time to the Committee on Prison Reforms headed by the former Supreme Court Judge, Justice Amitava Roy to submit its final report. The Committee was constituted by the Apex Court vide order dated 25.09.2018 to examine the issues plaguing prisons that needed reform. While hearing an application filed by the Union of India seeking direction...
Plea By Mother Of Indian Army Officer Seeking Her Son's Release From Pakistan Jail: Supreme Court Agrees To Hear In April
The Supreme Court on Friday agreed to hear in April a writ petition filed by the mother of an Indian Army officer seeking her son's release from Pakistan's Central Jail.The petitioner has sought Government's intervention on an urgent humanitarian basis, through diplomatic channel of External Affairs Ministry and intervene in his case.A Bench comprising CJI Ramana, Justice AS Bopanna and...
Does LMV Licence Enable One To Drive Transport Vehicle Weighing Less Than 7500KG? SC 3-Judge Bench Doubts 'Mukund Dewangan' Decision; Refers To Larger Bench
A 3-judge Bench of the Supreme Court has referred to a larger bench the issue whether a person, on the strength of a driving licence for Light Motor Vehicles(LMV), can drive a Transport Vehicle having unladen weight below 7500 kilograms.A 3-judge Bench comprising Justice UU Lalit, Ravindra Bhat and PS Narasimha doubted the correctness of the decision given by a coordinate bench in the case...