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'Unauthorised Construction Has To Be Demolished; Judicial Regularisation Impermissible' : Supreme Court
Reaffirming its zero-tolerance stance on illegal and unauthorized construction, the Supreme Court dismissed a petition seeking the regularization of an unlawful building in Kolkata, emphasizing that no leniency should be shown towards such violations and that the structure must be demolished. The Court noted that illegal structures must face demolition without exception, closing all avenues...
'Wholly Unwarranted' : Supreme Court Expunges P&H High Court's Adverse Comments Against Haryana Addl Advocate General
The Supreme Court recently expunged the adverse observations made by the Punjab and Haryana High Court against the Additional Advocate General of Haryana in a case where an undertrial prisoner died during the pendency of a bail application.A bench comprising Justice BV Nagarathna and Justice Satish Chandra Sharma observed that the High Court's observations against the AAG were "were...
GST | Bail Should Be Normally Granted For Offences Under S 132 CGST Act Unless Extraordinary Circumstances Exists : Supreme Court
The Supreme Court recently expressed surprise at the High Court and the Magistrate Court denying bail to a person accused of committing offences under Section 132 of the Central Goods and Services Tax Act.The Court observed that in cases like this, bail should normally be granted. The offences alleged against the appellant were under Clauses (c), (f) and (h) of Section 132(1) of the Central...
When Can Court Remand Arbitral Award To Tribunal Under S.34/37 Arbitration Act ? Supreme Court Explains
The Supreme Court Constitution Bench recently held that the powers of Courts to remand arbitral awards back to the Tribunal under S. 34(4) of the Arbitration and Conciliation Act 1996 cannot be seen as a straight-jacket formula. The Court observed that an award should be remitted back only if there is a possibility to correct a defect in the award, but if the entire award suffers...
Mere Use Of Insulting Remarks Like 'Impotent' Doesn't Constitute Abetment Of Suicide : Supreme Court Quashes Case Against Husband's In-Laws
The Supreme Court quashed an abetment to suicide case under Section 306 of the IPC against the husband's in-laws, ruling that merely calling him "impotent" in offensive language while taking their daughter (the deceased's wife) to her parental home after a marital dispute did not amount to abetment. An FIR was registered against the husband's in-laws after a husband's suicide note was...
Motor Accident Claims | Unemployed Husband Can Be Presumed To Be Partially Dependent On Deceased Wife's Income : Supreme Court
The Supreme Court on Wednesday (April 29) held that, in determining insurance compensation, the deceased's husband cannot be excluded as a dependent merely because he is an able-bodied man. The Court emphasized that in the absence of proof of the husband's employment status, his dependency on the deceased's income cannot be disregarded and would be treated as partially dependent on his...
Supreme Court Directs States, UTs To Comply With Directions On Remission Policy And Procedures Withing Two Months
The Supreme Court has directed all States and Union Territories to submit affidavits within two months reporting compliance with its directions to adopt or implement an exhaustive policy on premature release, ensure automatic consideration of eligible convicts under such policy, impose reasonable conditions for remission, record reasons for grant or rejection, and not cancel remission...
Courts Can Deviate From Schedule Of Employees Compensation Act To Determine Functional Disability : Supreme Court
The Supreme Court recently held that in computing the compensation for functional disability, Courts don't need to confine themselves to the schedule under the Employees' Compensation Act 1923. The bench of Justice Sudhanshu Dhulia and Justice K Vinod Chandran was hearing an appeal against the order of the Bombay High Court, which reduced the disability percentage of 100% to 34% for...
Supreme Court Refuses To Entertain Plea To Inquire Mukhthar Ansari's Death, Disposes Of Son's Petition
The Supreme Court today (April 30) disposed of the writ petition filed in 2023 by Umar Ansari, son of gangster-politician Mukhtar Ansari, seeking his father's transfer to any jail outside Uttar Pradesh, as he apprehended harm to the latter while in custody. The petition was disposed of after the Court was informed that the Ansari died in jail in March 2024 reportedly due to cardiac...
Order VII Rule 11 CPC | Plaint Can't Be Rejected As Time Barred When Limitation Is Mixed Question Of Law & Facts : Supreme Court
The Supreme Court held that when the question of limitation involves disputed facts, such issues cannot be decided at the stage of Order VII Rule 11 CPC. The Court reasoned that when the issue of limitation is a mixed question of fact and law, it cannot be decided summarily without allowing the parties to lead evidence on the arising of the cause of action.The bench comprising Justices...