Supreme Court Stays HC Direction To Initiate Disqualification Proceedings Against HP MLAs Appointed As Parliamentary Secretaries

The Supreme Court on Friday (November 22) issued notice on a Special Leave Petition filed by the State of Himachal Pradesh against a judgment of the Himachal High Court which nullified a 2006 State Law which permitted the state government to appoint Members of the State Legislative Assembly (MLAs) as parliamentary secretaries.A bench comprising Chief Justice of India Sanjiv Khanna and Justice...

Supreme Court Seeks Gyanvapi Mosque Committee's Response On Plea For ASI Survey Of Sealed Area

The Supreme Court on Friday (November 22) sought the response of the Gyanvapi Masjid Committee to an application filed by Hindu worshippers for an ASI survey of the sealed area of the mosque (where a shivlinga was claimed to have been found).A bench comprising Justice Surya Kant and Justice Ujjal Bhuyan issued notice to the Committee of Management, Anjuman Intezemia Masajid (which manages...

Supreme Court To Hear Manish Sisodia's Plea To Relax Bail Conditions In CBI & ED Cases Over Delhi Liquor Policy

The Supreme Court today (November 22) briefly heard two miscellaneous applications filed by former Delhi Deputy Chief Minister and Aam Aadmi Party leader Manish Sisodia in relation to the liquor policy case seeking relaxation of bail conditions. A bench of Justices B.R. Gavai and KV Viswanathan stated that they would issue notice and clarify on the next date regarding the bail conditions....

Mobile Towers & Pre-Fabricated Buildings Moveable Properties, Qualify As 'Capital Goods' For CENVAT Credit : Supreme Court

The Supreme Court in a recent decision held that mobile service providers (MSPs) could avail the benefit of Central Value Added Tax/CENVAT Credit over excise duties paid on items such as mobile towers and prefabricated buildings. The bench of Justice BV Nagarathna and Justice N Kotiswar Singh observed that since mobile towers and PFBs could be detached and relocated, they qualified as...

Jail Superintendents Should Make Special Efforts To Identify Women Prisoners Eligible For Release U/s. 479 Of BNSS: Supreme Court

The Supreme Court on Tuesday (November 19) directed Jail Superintendents to make special efforts to identify women prisoners who may qualify for release under Section 479 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023.“Although the provisions of Section 479 of the BNSS are gender neutral, it is also necessary for this Court to say that special efforts should be made to identify...

Supreme Court Forms SIT To Probe Allegations That TN Police Officials Violated POCSO Victim's Rights & Assaulted Parents

In a case relating to alleged sexual assault of a minor girl in Anna Nagar, Chennai, the Supreme Court recently constituted a Special Investigation Team to conduct a probe into the allegations that Chennai police violated the victim's rights and assaulted her parents. The Court further directed that the probe be monitored by the Madras High Court and awarded a cost of Rs.75,000/- in favor of...

Plea In Supreme Court Challenges Validity Of BNS & BNSS Provisions, Says 'Sedition' Reintroduced & Police Custody Powers Enhanced

A petition has been filed in the Supreme Court challenging the constitutional validity of the various provisions of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) and the Bharatiya Nyaya Sanhita, 2023 (BNS) which replaced the Code of Criminal Procedure, 1973 and the Indian Penal Code, 1860 with effect from July 1,The petition challenges the following provisions of BNS and BNSS.- Sections...

Former Supreme Court Judge Justice HS Bedi Passes Away

Justice HS Bedi, former Supreme Court Judge passed away on November 21, Thursday. Born on September 5, 1946, Justice Bedi served as a Supreme Court judge from 12 January, 2007- September 5, 2011. Justice Bedi's son Justice Jasjit Singh Bedi is presently serving a judge in Punjab and Haryana High Court. The Punjab and Haryana High Court Bar Association circulated a message stating : "With...

Bhagavad Gita's Teachings Fundamentally Moral, Not Religious: Gujarat HC Remarks Orally In PIL Against Inclusion Of Teachings In Schools

While hearing a plea challenging the state government's resolution to include the teachings from Bhagavad Gita to be taught in schools, the Gujarat High Court on Thursday (November 21) orally said that the teachings from Bhagavad Gita are fundamentally moral and cultural and not religious. As the counsel for the petitioners' contended that the National Education Policy says that principles of...

Absence Of Specific Provisions No Reason To Forego Fundamental Requirements Of Election Of Any Society: Supreme Court

The Supreme Court on Wednesday (November 20) observed that the lack of specific statutory election procedures does not justify bypassing fundamental requirements for conducting elections such as a properly drawn voters list.“Prima facie, we are of the view that absence of specific provisions regulating an election in the statute cannot be a reason for holding elections without the...

'Sensitise Airport Staff': Supreme Court Endorses Centre's Guidelines On Airport Assistance For Persons With Disabilities

The Supreme Court on November 12 disposed of a writ petition filed by Arushi Singh, a person with benchmark disability, who had approached the Court about the humiliation she had to face at the Kolkata airport where she was allegedly asked to stand up by security personnel. The Court held that the guidelines suggested by the Union Government for the treatment of specially-abled persons...

Judges Of PMLA Courts Not Supposed To Act Like "Extended Arm Of ED": Punjab & Haryana HC Quashes Unreasoned Custodial Interrogation Order

The Punjab and Haryana High Court has cautioned the Judicial Officers deployed at Special PMLA Courts to not act as an "extended arm" of the central investigating agency Enforcement Directorate, by passing orders of remand against the suspect as a matter of course.Stating so, it set aside a Special Court's "routine order" granting ED custody for custodial interrogation of accused Balwant Singh...