Top Stories
Supreme Court Strikes Down Delhi HC's “Strange” Bail Condition That Accused Must Arrange Accommodation & Reside In Delhi During Trial
The Supreme Court on Monday (October 21) struck down a bail condition imposed by the Delhi High Court in a murder case that required the accused to arrange accommodation in Delhi and reside there during the trial.A bench of Justice Abhay Oka and Justice Augustine George Masih, while dealing with an SLP filed by the accused against the bail conditions, found this condition to be “strange”...
Create Awareness About Free Legal Aid, Inform Convicts Of Their Right To Appeal : Supreme Court Issues Guidelines
In a significant judgment affirming the convicted prisoners' right to legal aid, the Supreme Court has passed a slew of directions on the aspect of awareness. It has been held that in the success of the functioning of the legal aid mechanism, "awareness is the key". A robust mechanism needs to be put in place and should be periodically updated to ensure that the various beneficial...
Supreme Court Issues Notice On Another Plea Challenging Punjab Panchayat Polls Over Alleged Prevention Of Candidates From Filing Nomination
The Supreme Court today issued notice on another plea challenging the Panchayat elections held in Punjab over alleged prevention of candidates from filing nomination papers.A bench of Justices Sanjiv Khanna, Sanjay Kumar and R Mahadevan passed the order. The matter has been listed next on 18.11.2024.It may be recalled that a few days back, the Court issued notice and sought the...
Stubble Burning Violates Fundamental Right To Pollution-Free Environment Under Article 21: Supreme Court
The Supreme Court on Wednesday (October 23) emphasized that stubble burning is not merely an issue of breach of law but it constitutes violation of citizens' fundamental right to live in a pollution-free environment, guaranteed under Article 21 of the Constitution.“Time has come to remind us to the Government of India and the state governments that there is a fundamental right vesting in...
Was Not Informed Of Need To Take Court's Permission Before Trees In Ridge Forest Were Cut : Delhi LG Tells Supreme Court
The Chairperson of Delhi Development Authority (DDA) and Lieutenant Governor of Delhi VK Saxena has informed the Supreme Court that he was not made aware of the requirement to get permission from the Apex Court before the trees in the Ridge Trees were felled.The affidavit of the LG comes after the bench of Chief Justice of India DY Chandrachud, Justice JB Pardiwala and Manoj Misra passed an...
Environment Protection Act Rendered Toothless Due To Centre's Inaction: Supreme Court
The Supreme Court on Wednesday (October 23) observed that the section 15 of the Environment Protection Act has been rendered “toothless” due to the Centre's inaction after the 2023 Jan Vishwas Amendment which replaced punishment for violation of the Act with penalties.“This provision has been rendered completely ineffective due to inaction on the part of Government of India…In the...
Card Issuing Bank Not Liable To Pay Service Tax On Interchange Fee When It Is Already Paid On MDR : Supreme Court
The Supreme Court recently ruled that a card issuing bank is not liable to separately pay service tax on the interchange fee when the said tax already stands paid on the Merchant Discount Rate (MDR). The Three Judge Bench of Justice Sanjiv Khanna, Justice Sanjay Kumar, and Justice R. Mahadevan observed that “the entire amount of the service tax payable on the MDR has been paid to...
IBC | No Compulsion To Specify Names Of Creditors In Balance Sheet, General Entry Acknowledging Debt Sufficient To Initiate CIRP : Supreme Court
Observing that there's no compulsion for the companies to specify the names of every secured/unsecured creditor in their balance sheet, the Supreme Court dismissed the plea of a corporate debtor's suspended director against the initiation of Corporate Insolvency Resolution Process (“CIRP”). In other words, the bench comprising Justices PS Narasimha and Sandeep Mehta observed that when...
Supreme Court Dismisses Swami Shraddhanand's Challenge To Imposition Of Life Sentence Without Remission For Murder Of Wife
The Supreme Court today dismissed a review petition filed by Swami Shraddhanand alias Murali Manohar Mishra, seeking reconsideration of a judgment which imposed on him a life sentence (without remission) for the murder of his wife Shakereh Khaleeli (granddaughter of Dewan of Mysore, Sir Mirza Ismail).The 84-yr-old self-styled godman has been in jail since about 30 years and claims that he...
Supreme Court Defers Marital Rape Case Hearing Citing Improbability Of Decision Before CJI DY Chandrachud's Retirement
The Supreme Court on Wednesday (October 23) deferred the hearing of the pleas seeking to criminalise marital rape considering the fact that the matter is unlikely to be decided before the retirement of Chief Justice of India DY Chandrachud, who is presiding the bench which started hearing the matter. A bench comprising Chief Justice of India DY Chandrachud, Justice JB Pardiwala and Justice...
'Legal Aid To Poor Should Not Be Poor Legal Aid : Supreme Court Issues Directions To Ensure Prisoners Get Free & Timely Legal Aid
The High Courts may consider the feasibility of issuing a practice direction to the effect that all courts including the High Court while furnishing the copy of the judgment of conviction/dismissal/reversal of acquittal/dismissal of bail applications, may append a coversheet to the judgment informing the convict about the availability of free legal aid facilities for pursuing higher remedies. The coversheet may set out the contact address and phone number of the legal aid committee attached to the court for seeking appropriate guidance. Similar information may be made available in the notices issued to the respondents by the concerned courts in appeals against acquittal.