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NDPS Act | If Samples Are Drawn Violating Section 52A, Trial Stands Vitiated : Supreme Court
The Supreme Court on Friday (13.10.2023), set aside the order of the High Court that had sentenced a man to 10 years' imprisonment for being found in possession of commercial quantities of heroin. The Apex Court set aside the order on the ground that the NCB authorities failed to show that the seized contraband were drawn in the presence of a Magistrate and that the inventory of the ...
Transfer Certificate Cannot Be Withheld Merely Citing Arrears Of School Fees: Kerala High Court
The Kerala High Court has declared that Transfer Certificate (TC) of a child cannot be withheld by a School merely because fees are due to the School."Imparting education is the primary duty of the State. The Transfer Certificate of a child cannot be withheld by a School because the fees are due to the School. Every child has a fundamental right to get an education," Justice Basant...
'Defence Ministry Finds There's A Racket Running On Disability Pension Cases' : Attorney General Tells Supreme Court
While defending the transfer of a judicial member of the Armed Forces Tribunal, Chandigarh Bench, Attorney General for India R Venkataramani told the Supreme Court on Friday (October 13) that there is a "racket" conducting disability pension cases at the AFT. The AG also questioned the genuineness of the petition filed by Armed Forces Tribunal Chandigarh Bar Association (AFTCBA) challenging...
Merely Because A Person Is Educated & God Fearing, It Can't Be Said That He Has Good Reputation : Supreme Court
The Supreme Court in a judgment delivered on Friday (13.10.2023) held that just because a person is educated and said to be God-fearing, it cannot be said that the person has a positive reputation.“A court of law cannot declare the reputation of a person based upon its own opinion merely because a person is educated and said to be God-fearing, that by itself will not create a...
Soli Sorabjee Was Attorney General For The Country & Not The Govt, He Could Tell Union What Was Wrong : Justice KV Viswanathan
The OP Jindal Law School today organized the Soli J Sorabjee Memorial Lecture at Jindal Global University, featuring Justice KV Vishwanathan judge of the Supreme Courtm, as the main speaker. The event paid tribute to the memory of the eminent legal luminary, Soli J Sorabjee, and was attended by a distinguished gathering of judges, lawyers, and legal scholars.In his opening remarks, Justice...
Article 226 | High Court Ought To Relegate Parties To Alternate Remedies When There Are Serious Factual Disputes: Supreme Court
A Division Bench of the Supreme Court, in its judgment dated October 13, 2023, opined that one of compelling reasons for relegating the writ petitioner to an alternative remedy may arise where there is a serious dispute between the parties on a question of fact and materials/evidence(s) available on record are insufficient/inconclusive to enable the Court to come to a definite...
"Why Is CARA Delaying Adoption Process?" Supreme Court Calls For Prompt Action To Benefit Waiting Children & Couples
The Supreme Court on Friday (13.10.2023), raised serious concerns over the delays in the adoption process and the potential impact on both aspiring parents and children in need of loving homes. The remarks came from a bench comprising CJI DY Chandrachud, Justice JB Pardiwala, and Justice Manoj Misra during the hearing of a Public Interest Litigation (PIL) seeking the simplification of...
De-sealing Of Properties In Delhi: Supreme Court Forms Committee Of Retired Judges To Hear Challenge To Monitoring Committee Orders
the the The Supreme Court has constituted a Judicial Committee with two retired judges to deal with the challenges to the orders passed by the Monitoring Committee in relation to sealing/desealing of properties in Delhi.The members of the Committee are : 1) Justice Pradeep Nandrajog, retired Chief Justice of the Bombay High Court and 2) Justice G.S. Sistani, retired Judge of the Delhi...
Services Provided to IIT & NIT Exempt From Service Tax: Supreme Court Holds After Interpreting 'Or' & Semicolon In Exemption Notification
In an interesting judgment, the Supreme Court held that the Indian Institute of Technology and the National Institute of Technology will come under the Mega Service Tax Exemption Notification issued by the Department of Revenue in 2012(and amended and clarified by a subsequent notification issued in 2014).The issue in the case related to the service tax liability of M/s Shapoorji Pallonji...
Supreme Court Criminal Digest-August 2023
15 days police custody meant to be applied to the entire period of investigation as a whole : Supreme Court doubts 1992 precedent. V. Senthil Balaji v. State, 2023 LiveLaw (SC) 611 : 2023 INSC 677A Judge does not preside over a criminal trial merely to see that no innocent man is punished. This Court proceeded to observe that a Judge also presides to see that a guilty man does not escape....
Delay & Laches Vital In Service Matters, Can Be Seen As Acquiescence: Supreme Court
The Supreme Court, while rejecting the belated service-related claim made by one Bichitrananda Behera pertaining to the post of Physical Education Trainer, held that ground of delay and laches in such cases amounts to acquiescence which means an implied and reluctant consent to an act.The Court also noted that Behera, in the period of over 12 years had not moved before any forum, be it a Court...
Central Agencies Also Examining Skill Development Scam, This Shows Case Against Chandrababu Naidu Is Not State's Vendetta: AP CID Tells Supreme Court
Objecting to former Andhra Pradesh Chief Minister N Chandrababu Naidu's plea for quashing of criminal proceedings in connection with a skill development scam in the state, the state police's crime investigation department (CID) cautioned the Supreme Court on Friday(October 13) against nipping the investigation at the bud at this stage. The state agency, in particular, emphasised the losses to...