How Should States Proceed With Filling Up Vacancies After Bombay HC Quashed Consumer Protection Rules? Supreme Court To Clarify

In light of the recent decision by the Nagpur Bench of the Bombay High Court striking down provisions of the new Consumer Protection Rules 2020 ("Rule, 2020") which excluded lawyers with 10-12 years experience from appointments to Consumer Commission, the Supreme Court on Wednesday said that it will issue appropriate directions with regards to other states( where the Rules have not...

Revenue Record Is Not A Document Of Title : Supreme Court

The Supreme Court has observed in a judgment that revenue record is not a document of title. The Court added that a lessee would not be entitled to any right on the land only on the basis of an entry in the revenue record. The bench of Justices Hemant Gupta and V Ramasubramanian was hearing an appeal against the High Court's order wherein the Court had set aside the order dated July...

Employer Cannot Be Compelled To Appoint A Candidate Merely Because He Made Truthful Declaration Regarding Criminal Cases: Supreme Court

The Supreme Court observed that an employer cannot be compelled to appoint a candidate merely because truthful declaration regarding criminal cases has been made by the employee.The court said that the employer still has the right to consider criminal antecedents of such a candidates.If a person is acquitted giving him the benefit of doubt, from the charge of an offence involving...

'Is This The Way To Argue?Saying That Court Will Repent In Future?': Supreme Court Pulls Up Lawyer Of Unitech Accused

A Supreme Court bench comprising Justices DY Chandrachud and MR Shah on Wednesday expressed unhappiness with the nature of arguments made by Senior Advocate Vikas Singh on behalf of the Chandra brothers in the Unitech case.Singh submitted that the Supreme Court was passing ex-parte orders to take over the running of companies. Referring to the Supreme Court's orders in Amrapali and...

Consumer Protection Act - Onus To Prove Deficiency In Service Is On The Complainant : Supreme Court

The Supreme Court observed that, in a consumer case, the onus of proof that there was deficiency in service is on the complainant. Without any proof of deficiency, the opposite party cannot be held responsible for deficiency in service, Justices Hemant Gupta and V. Ramasubramanian observed.The complainant Dolphin International Ltd., engaged the respondent SGS India Ltd. for providing services...

Products Created From 'Forest Produce' By Human Labour Can Also Be 'Forest Produce': Supreme Court Disagrees With Earlier Judgment

The Supreme Court observed that sandalwood oil is a 'forest produce' under Kerala Forest Act.The court disagreed with an earlier judgment which held that that articles or products created by human toil are not per se forest products.The distinction sought to be made defeats the purpose of the Act, because illegally procured forest produce, such as sandalwood, rosewood, or other rare species,...

Section 69 Kerala Forest Act Does Not Place Reverse Burden Of Proof On Culpability Of Accused: Supreme Court

The Supreme Court observed that the Section 69 of the Kerala Forest Act merely directs a presumption that the forest produce belongs to the government and it does not place reverse burden of proof on culpable mental state of the accused.The court said that seizure of the goods ipso facto does not mean that the accused had conscious knowledge about their illicit nature or origin or that...

PM CARES Fund Satisfies All Criteria For Being Declared As 'State' Under Article 12 : Shyam Divan Tells Delhi High Court

Senior Advocate Shyam Divan today told the Delhi High Court that the PM CARES Fund satisfies all the criteria for being declared as "State" under Article 12 of the Constitution and that even functionaries like Vice President of India and Cabinet Ministers are under an impression that it is a Government Fund.The development comes in the plea seeking declaration that PM CARES Fund is "State"...

Supreme Court Directs Suspension Of Tihar Jail Officials Found To Have Connived With Unitech Case Accused

The Supreme Court on Wednesday directed the suspension of Tihar Jail officials who are found to have extended undue help and assistance to ex-Unitech promoters Sanjay Chandra & Ajay Chandra while they were in jail. Earlier, the Court had directed shifting of Chandra brothers from Tihar & ordered probe by Delhi police.The Court had earlier directed the shifting of Chandra brothers, who...

Why Huge Quantities Of Banned Barium Chemicals Kept In Godowns? Supreme Court To Firecracker Manufacturers

The Supreme Court on Wednesday observed that its earlier orders pertaining to the regulation of firecrackers must be complied with by every State. The Court was adjudicating upon an application alleging violation of the order dated February 10, 2017 banning the use of certain chemicals that were dangerous & beyond safety limits in the fireworks by the manufacturers. A Bench...

Clause Barring Payment Of Interest Not Hit By Section 28 Contract Act : Supreme Court

The Supreme Court has held that a clause in an agreement barring payment of interest on amounts security deposit, earnest money deposit or any other amount will not be hit by Section 28 of the Contract Act. According to Section 28 of the Indian Contract Act, a contract is void to the extent it restricts absolutely a party from enforcing his rights by usual proceedings in ordinary courts or if...

Supreme Court Dismisses Lawyer's Plea Challenging MPLADS Suspension

The Supreme Court on Wednesday dismissed a special leave petition filed against Bombay High Court's order dismissing a PIL challenging the Centre's move to suspend and divert 'Members of Parliament Local Area Development Scheme' (MPLADS) funds for two years.A Bench comprising CJI NV Ramana, Justice Surya Kant and Justice Hima Kohli dismissed the plea filed by a lawyer Neelima Sadanand...