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Govt Counsel Should Have Written Instructions From Authorities; Court Should Act Against Officials Who Misrepresent: Supreme Court
In a notable observation, the Supreme Court recently underscored the necessity for parties, especially government authorities, to provide truthful and accurate information in writing. It emphasized that written instructions are crucial to prevent factual errors and misrepresentations, which can compromise the integrity of the judicial process. Relying on oral submissions alone can lead...
SCBA Executive Committee Objects To Changing Supreme Court Emblem, Lady Justice Statue Without Consulting Bar
The Executive Committee of the Supreme Court Bar Association on Wednesday passed a resolution objecting to the 'unilateral' changes made to the emblem of the Supreme Court and the statute of lady justice without consulting the members of the Bar."We are equal stakeholders in the administration of justice but these changes when proposed, were never brought to our attention. We are totally...
Investigation Transfer To CBI Cannot Be Ordered While Rejecting Bail Application: Supreme Court
The Supreme Court, on Monday (October 21) held that Court cannot transfer the investigation to another agency while dealing with bail application filed under Section 439 of the CrPC.“Suffice it to say that while rejecting the bail application file by the appellant the High Court ought not to have transferred investigation to CBI. The direction is virtually to make de novo investigation. Such...
Supreme Court Allows ED Officer Accused In Bribery Case To Travel Outside Tamil Nadu
The Supreme Court today allowed Enforcement Directorate (ED) officer Ankit Tiwari, who was arrested by Tamil Nadu authorities in a bribery case but later granted interim bail, to travel to Madhya Pradesh in order to meet his relatives.A bench of Justices Surya Kant, Dipankar Datta and Ujjal Bhuyan passed the order on an application moved by Tiwari seeking the court's permission to travel...
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...
