'It's A Right Under Article 131' : Supreme Court Asks Centre To Not Insist That Kerala Should Withdraw Suit To Allow Additional Borrowing

The Supreme Court on Wednesday (March 6) expressed disapproval of a condition imposed by the Union Government on the State of Kerala that the former will give consent for additional borrowing only if the latter withdrew the suit filed in the Supreme Court.A bench comprising Justices Surya Kant and KV Viswanathan was hearing the suit filed by the State of Kerala against the Union under Article...

Test Applied Under Section 319 CrPC Is More Than A Prima Facie Case : Supreme Court

The Supreme Court reiterated that while allowing an application under Section 319 of the CrPC, the test to be applied is more than just a prima facie case, as exercised at the time of framing of charge, but short of evidence that if left unrebutted would lead to conviction. This Section confers power on the Court to proceed against persons, other than named as accused in the...

Supreme Court Issues Notice In Plea Alleging Poor Conditions, Non-Implementation Of RTE Act In Bihar Govt Schools

In a plea alleging dismal state of government schools in Bihar and seeking implementation of the provisions of Right of Children to Free and Compulsory Education Act, 2009 in the state's government schools, the Supreme Court on Monday issued notice and called for the authorities' response.The Bench of CJI DY Chandrachud and Justices JB Pardiwala, Manoj Misra was hearing a challenge brought...

States' Power To Tax Mineral Rights Eclipsed By Union Law On Mineral Development : Harish Salve In Supreme Court [Day 4]

The Supreme Court on Tuesday (March 5) resumed its 4th day of hearing the 9-judge constitution bench matter about royalties imposed on mining. The Court deliberated upon how royalty, in light of Entry 50 List II, was a species of the larger spectrum of 'tax'. Senior Advocate Harish Salve explained to the bench that while Entry 50 List II grants states the power to levy taxes on mineral...

No Evidence Could Be Led Beyond Pleadings : Supreme Court

The Supreme Court observed that the evidence which was not a part of the pleadings couldn't be led in the trial. “There is no quarrel with the proposition of law that no evidence could be led beyond pleadings. It is not a case in which there was any error in the pleadings and the parties knowing their case fully well had led evidence to enable the Court to deal with that evidence. In the...

Supreme Court Calls For Personal Appearance Of Mumbai Municipal Commissioner In Contempt Case Over Permanency Status To Workers

In a contempt petition filed against the Brihanmumbai Municipal Corporation (BMC) for non-compliance with directions to give permanent status to some of its workers, the Supreme Court on Tuesday called for the personal appearance of the Municipal Commissioner on the next date."...we are prima facie of the view that the Award of the Tribunal, as affirmed by the Bombay High Court and as modified...

GN Saibaba Case | No Evidence To Connect Accused To Terrirost Act; Trial Failure Of Justice : Bombay High Court

The Bombay High Court observed today that the trial of former Delhi University Professor GN Saibaba and others was held despite violation of mandatory provisions of the Unlawful Activities Prevention Act (UAPA) pertaining to arrest, search and seizure, and sanction to prosecute.A division bench of Justice Vinay Joshi and Justice Valmiki SA Menezes, while acquitting GN Saibaba and others in...

'Remember We Exist For Litigants' : Supreme Court Rebukes Registry For Not Drawing Divorce Decree For 5 Months

The Supreme Court (on March 01) expressed its displeasure on its Registry for failing to comply with its specific direction to draw a decree of divorce. It is appropriate to mention that under this decree, more than ten proceedings were disposed of by mutual consent. However, this direction was not complied with for more than five months. “We must note here that the decree is of...

'Let Religious Committee Examine First': Supreme Court Defers Decision In Plea To Protect Dargah In Delhi's Mehrauli

The Supreme Court on Tuesday (March 5) deferred its decision on the fate of certain religious structures in Delhi's Mehrauli, directing the petitioners and authorities to make their representations to a court-constituted religious committee first.A bench of Justices Surya Kant and KV Viswanathan was hearing a plea seeking protection from demolition for centuries-old religious structures...

Supreme Court Directs Immediate Release Of Rs.18 Lakh To Ex-Air Force Officer Who Contracted HIV Due To Blood Transfusion At Military Hospital

In a contempt case filed by an ex-Air Force officer, the Supreme Court today directed inter-alia immediate release of Rs.18 lacs, out of a total court-ordered sum of Rs.1.6 crores, as compensation for medical negligence at a military hospital that resulted in his contracting HIV."...in the meantime, we direct the respondents to immediately pay to the petitioner an amount of Rs.18 lacs...

'Personal Law Or Statute Can't Override Welfare Of Child' : Supreme Court Grants Custody Of Girl To Aunt Rejecting Opposition Of Father

The Supreme Court, while granting custody of a minor child to the her aunt despite opposition from the father, held that the personal law or statute couldn't override the welfare of the child while deciding the custody of the child. “In view of our aforesaid discussions, we find that the welfare of the child lies with her custody with the appellants and respondent No. 10 (aunt). This...

Maharashtra Govt Moves Supreme Court Against Acquittal Of GN Saibaba & 5 Others In UAPA Case

Hours within GN Saibaba's acquittal, the State of Maharashtra on Tuesday (March 5) approached the Supreme Court challenging the recent decision by the Nagpur bench of the Bombay High Court.In a major relief to the former Delhi University professor and human rights activist, the high court today set aside his and five others' convictions under the Unlawful Activities (Prevention) Act in an...