Advocates' Presence Marking Order Put On Hold : Full Court Room Exchange | Supreme Court

Courtroom exchange of proceedings in which bench of Justice JK Maheshwari and Justice Rajesh Bindal put on hold its order that only the presence of advocates who are either present or assisting in court proceedings will be marked.Justice JK Maheshwari: One humble request to all of the members of the bar - We have already passed the order with respect to the presence. Don't persuade our...

Can HC Hold That Candidate's SC Status Was Wrong When Caste Certificate Wasn't Challenged In Election Petition? Supreme Court Asks

The Supreme Court today (September 4) heard a plea by Kerala CPI(M) MLA A. Raja challenging the March 23, 2023 order of the Kerala High Court which annulled the elections from the Devikulam Assembly constituency.During the hearing, the Court wondered it the High Court could have made a finding on his caste status when the caste certificate was not challenged.On March 23, 2023, Justice...

RG Kar Rape Murder: Plea In Calcutta High Court Seeks Removal Of Police Commissioner Vineet Goyal Over Allegations Of Improper Probe

A plea has been moved before the Calcutta High Court seeking the removal of Kolkata Police Commissioner Vineet Goyal. The plea alleges that Goyal was unable to carry out a proper probe into the rape and murder of a resident doctor at RG Kar medical college and hospital. The petitioner also stated that Goyal revealed the name of the victim of the case to the media, which was illegal.The probe...

B.Ed. Degree Not A Qualification For Primary School Teacher : Supreme Court Reiterates

The Supreme Court has upheld a judgment of the Chattisgarh High Court which quashed the appointments of B.Ed. Degree holders candidates as primary school teachers and reiterated that the essential qualification for such appointments is a Diploma in Elementary Education.Brief factsA batch of petitions was filed challenging the judgment of the Rajasthan High Court dated November 25, 2021,...

Supreme Court Refuses To Appoint Special Public Prosecutor For Senthil Balaji's Trial, Asks Why TN Governor Took 7 Months To Grant Sanction

The Supreme Court on Monday refused to appoint a Special Public Prosecutor for the trial of former Tamil Nadu Minister V Senthil Balaji in corruption case arising out of the cash of jobs allegations.A bench of Justice Abhay Oka and Justice Augustine George Masih bench stated that as of now, there is no material on record suggesting that the current Public Prosecutor is not...

Ex-RG Kar College Principal Sandip Ghosh Moves Supreme Court Against HC Ordering CBI Probe Into Alleged Financial Irregularities

Former Principal of RG Kar Hospital Sandip Ghosh has moved the Supreme Court challenging the Calcutta High Court's order to transfer the SIT probe into alleged irregularities in the tender processes and mismanagement by Ghosh, to the Central Bureau of Investigation.Ghosh was the Principal of the Hospital and College where the brutal rape and murder of a junior doctor took place on August 9....

'India Should Suspend Military Exports To Israel' : Plea In Supreme Court By Ex-Bureaucrats, Academics

Today, former bureaucrats, activists and senior academics moved the Supreme Court seeking to "cancel any existing licences/permissions and halt the grant of new licences/permissions, to various companies in India, for exports of arms and other military equipment to Israel".The writ petition under Article 32 is filed through advocate Prashant Bhushan. It is submitted in the petition that...

Specific Relief Act | Execution Court Can Entertain Application Under S.28 Provided It's The Court Which Passed The Decree In Terms Of S.37 CPC : Supreme Court

Although the application under Section 28 of the Specific Relief Act, 1963 ("SRA") seeking rescission of a contract or extension of a time limit for deposit of a balance amount must be decided in the original suit where the decree was passed and not in the Execution Proceedings, the Supreme Court in a recent decision justified the Executive Court's decision to extend the time limit for payment...

PMLA | Is Accused Entitled To Documents Which Prosecution Isn't Relying Upon In Trial? Supreme Court Reserves Judgment

The Supreme Court on Wednesday (September 4) reserved judgment on the issue of entitlement of accused under the Prevention of Money Laundering Act (PMLA) to get seized documents that the prosecution does not rely on before the commencement of trial.This issue emerged in an appeal against a Delhi High Court judgment, which held that the prosecution is not obligated to provide such documents at...

'We Are Not In Feudal Era' : Supreme Court Questions Uttarakhand CM On Rajaji National Park Director Appointment

The Supreme Court today (September 4) expressed displeasure at the decision of the Uttarakhand Chief Minister to appoint Indian Forest Service (IFS) officer Rahul (who uses his first name only) as Director of Rajaji Tiger Reserve overlooking the pending disciplinary proceedings and the adverse reports against him.The Court was hearing the issue of illegal constructions and tree felling at the...

Bombay High Court Declines To Order Certification Of 'Emergency' Movie, Cites Judicial Propriety Amidst Ongoing Proceedings Before MP HC

The Bombay High Court on Wednesday ordered the Central Board of Film Certification (CBFC) to decide by September 18, the representations, if any made by the Jabalpur Sikh Sangat or any other group or individual, objecting to the release of the controversial film Emergency.A division bench of Justices Burgess Colabawalla and Firdosh Pooniwalla opined that the CBFC has no powers to get into...

Income Tax Act | Supreme Court Refuses To Give Retrospective Application To 2022 Amendment To S.80DD Regarding 'Jeevan Adhar' Policies

In a recent case, the Supreme Court refused to give the retrospective operation to the amended Section 80DD of the Income Tax Act, 1961 (“IT Act”) which provided an option to the subscriber the Jeevan Adhar Policy (“Policy”) upon attaining the age of 60 years to discontinue the deposit made under the policy and make use of the money accumulated for the benefit of the disabled person...