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RP Act | Supreme Court Refuses To Interfere With HC View That S.81 Limitation Can't Be Satisfied By Presenting Defective Election Petition
In an election dispute, the Supreme Court today upheld a view taken by the Gujarat High Court that mere "presentation" of a defective election petition, without removal of defects within the limitation period of 45 days, is not satisfactory compliance of Section 81 of the Representation of the People Act, 1951.A bench of Justices Surya Kant and N Kotiswar Singh passed the order in a...
Subsequent Purchaser, Though Not 'Necessary Party' In Specific Performance Suit, Can Be Impleaded As 'Proper Party' : Supreme Court
The Supreme Court recently ruled that in a suit for specific performance of an agreement to sell, a subsequent purchaser may not be a 'necessary party' but can be a 'proper party' if their rights are affected by the adjudication of the dispute. The bench comprising Justices JB Pardiwala and R Mahadevan was hearing the case where the Appellant (who was stranger to the suit) sought impleadment...
Supreme Court Mandates Its Prior Permission For Tree Felling Within 5 Kms Of Taj Mahal, No Blanket Exemption For Private Land
The Supreme Court has held that its 2015 direction requiring prior permission of the Court for tree felling in Taj Trapezium Zone will continue to apply for felling of any tree within aerial distance of 5 kms of Taj Mahal. A bench of Justice Abhay S. Oka and Justice Ujjal Bhuyan passed the order in the MC Mehta case concerning tree cutting and other environment issues in the protected...
Delhi Court Issues Notice To Sonia Gandhi, Rahul Gandhi In National Herald Money Laundering Case
A Delhi Court on Friday issued notice to Congress leaders Sonia Gandhi and Rahul Gandhi in the National Herald money laundering case.Special Judge (PC Act) Vishal Gogne of the Rouse Avenue Courts passed the order. Earlier this month, ED filed the prosecution complaint against the Gandhis in the case. The fresh prosecution complaint has been filed under sections 44 and 45 of Prevention of...
Gang Rape | Penetrative Act By One Can Implicate All If There's Common Intention; Need Not Prove Rape By All : Supreme Court
The Supreme Court upheld the convictions of the accused individuals found guilty of gang rape, rejecting their argument that they had not personally committed any act of penetration. The Court clarified that under Explanation 1 to Section 376(2)(g) of the Indian Penal Code, if a penetrative act is carried out by even one person, all others sharing a common intention can also be held liable...
Church Of South India Dispute : Supreme Court Holds Election Of Dharmaraj Rasalam As CSI Moderator Illegal, Freezes Amendments
In relation to the dispute concerning the Church of South India (CSI), the Supreme Court on Friday (May 2) held that the election of Bishop Dharmaraj Rasalam as the Moderator of the CSI Church in the elections held in 2020 was illegal.The Court also ordered that the resolution passed by the Synod in its Special Meeting held on 07.03.2022 approving the amendments related to the age of Bishops...
Supreme Court Disposes Plea Against Pragya Singh Thakur's Bail, Notes NIA Court Has Reserved Judgment In 2008 Malegaon Blasts Case
The Supreme Court today (May 2) disposed of a Special Leave Petition filed in 2017 by Nisar Ahmed Haji Sayed Bilal, father of one of the blast victims, challenging the Bombay High Court Judgment granting bail to Pragya Singh Chandrapal Singh Thakur alias Sadhvi alias Swami Purnchet Anand Giri, an accused in the 2008 Malegaon Blasts.Before a bench of Justices BV Nagarathna and Satish...
Customs Act | Engineering Services Fees Having Direct Nexus With Import Of Goods Fall Within Assessable Customs Value : Supreme Court
The Supreme Court yesterday (May 1) ruled that engineering and technical service fees paid by the importer must be included in the assessable value of imported spare parts under the Customs Act, 1962. The bench of Justices Abhay S. Oka and Ujjal Bhuyan upheld that the 8% technical and engineering fee charged to the appellant(Coal India) should be included in the assessable value for...
Supreme Court Disposes Petitions Against 1982 J&K Law On Return Of Pre-1954 Migrants To Pakistan, Cites Non-Enforcement & 2019 Repeal
Recently, the Supreme Court disposed of a batch of petitions, pending since 1982, challenging the constitutionality of the Jammu and Kashmir Grant of Permit for Resettlement in (or Permanent Return) to the State Act, 1982.The Court noted that the provisions of this Act never came into force, and that its operation was stayed by the Court by an order passed in 2002. Subsequently, it was...
Plea Filed In Supreme Court Against Blocking Of YouTube News Channel '4 PM'; Validity Of IT Blocking Rules Also Challenged
Journalist Sanjay Sharma has moved the Supreme Court against the blocking of his YouTube news channel '4PM' on purported grounds of 'national security' and 'public order'. Among other things, he has sought urgent restoration of access to his platform and challenged the vires of IT Blocking Rules, 2009.Terming the blocking action "arbitrary and unconstitutional", Sharma, the Editor-in-Chief of...