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Supreme Court Calls For Uniform Limitation Periods Across Statutes, Greater Flexibility To Courts For Condoning Delays
The Supreme Court in a judgment authored by Justice Pankaj Mithal called for legislative reforms to ensure uniform limitation periods across statutes, enabling courts to condone delays beyond rigid limits in cases where sufficient cause is shown.“In my personal opinion, the statutes ought not to provide different period of limitation for instituting suit, preferring appeal and making...
Ukraine MBBS : Supreme Court Seeks Union's Response On Relief For Medical Students Who Returned From Ukraine Before Final Year
The Supreme Court recently issued a notice to the Union of India to clarify whether relief measures have been extended to students who were pursuing medical education in Ukraine and had to return to India before their final year due to the Russia–Ukraine conflict in 2022.A bench of Justice Abhay Oka and Justice Ujjal Bhuyan opined that steps mentioned in the Union's compliance affidavit...
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S. 80 CPC | Amendments To Plaint Linked To Main Cause Of Action Constitutes Continuous Of Action, No Notice Required To Government : Supreme Court
The Supreme Court observed that when an application seeking an amendment to plaint is filed due to subsequent developments intrinsically linked to the main cause of action, it constitutes a continuous cause of action, and no notice to the government is required under Section 80 of the Code of Civil Procedure, 1908 (CPC). The primary issue for consideration before the Court was whether a...
Though Normally Employers Insist On Experience Gained Post-Qualification, There Could Be Exceptions : Supreme Court
The Supreme Court observed that though employers normally insist on the experience gained after obtaining a particular qualification, there could be exceptions as well."Although, normally, experience gained after acquiring a particular qualification could justifiably be insisted upon by the employer, there could be exceptions," the Court observed.The observation was made while allowing...
Supreme Court Dismisses Plea To Give Preference To Default Bail Application Filed On Same Day As Application To Extend Time For Investigation
The Supreme Court on January 8) dismissed a Special Leave Petition, wherein the accused person had challenged the order of the Karnataka High Court denying him statutory bail under the Unlawful Activities (Prevention) Act, 1967 (UAPA). By the said order, the High Court affirmed the trial court's deciison to give precedence to the investigation agency's application for extension of time...
Non-Recovery Of Crime Weapon Not Fatal To Prosecution Case If There Are Direct Reliable Witnesses : Supreme Court
The Supreme Court, in its judgment dated January 10, reiterated that the non-recovery of the weapon of crime is not fatal to the prosecution case, if there are direct reliable witnesses.Reliance was placed on Rakesh v. State of U.P., wherein the Court had previously held that for convicting an accused, recovery of the weapon used in the commission of an offence is not a sine qua non.The...
Supreme Court Flags Stringent Limitation Provisions Curtailing Arbitration Appeal Remedies, Urges Parliament To Address Issue
The Supreme Court raised concerns about the interpretation of limitation statutes in arbitration cases and observed that the rigid application of the law could curtail the limited remedy available under Section 34 of the Arbitration and Conciliation Act, 1996 to challenge arbitral awards.“In our view, the above construction of limitation statutes is quite stringent and unduly curtails a...
Convict Given Benefit Of Probation Won't Suffer Any Disqualification Due To Conviction : Supreme Court
The Supreme Court recently held that when a Court confirms a conviction but extends the benefit of probation on grounds of good conduct, it cannot deny the consequential benefit which is the removal of disqualification, if any, attached to the conviction. In the present case, the conviction was under Sections 399 and 402 of the Indian Penal Code, 1806 (IPC) along with Sections 3/25 and 4/25...
Right Of The Victim To Get Free Copy Of The FIR Under BNSS
The Statement of Objects and Reasons of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 'the BNSS') mentions that citizen centric approach has been adopted in that statute as it provides for supply of copy of First Information Report (FIR) to the victim. On a close scrutiny of the provision concerned, it can be found that the said statement is not justified in its entirety.Section...
Amicus Curiae Submits Suggestions To Supreme Court On Effective Disbursal Of MACT Compensation; HCs Give Data On Unclaimed Funds
Senior Advocate Meenakshi Arora on Friday (January 10) submitted her suggestions to the Supreme Court to ensure compensation from Motor Accident Claims Tribunals (MACTs) and labour courts reaches beneficiaries.A bench of Justice Abhay Oka and Justice Aravind Kumar was hearing a suo moto case concerning substantial amounts of compensation remaining unclaimed in Motor Accident Claims...