If Circumstances Warrant, A Judge, Wrongly Appointed, Does Not Become Immune From Action: Supreme Court In 2008

As the Supreme Court is set to hear petitions challenging the appointment of L.Victoria Gowri as a Judge of the Madras High Court today, it has to come to terms with its own judgment, delivered in 2008 with respect to the appointment of another Judge of the Madras High Court, which was under challenge then. In Shanti Bhushan and Another vs Union of India, Justices Arijit Pasayat and Dr.Mukundakam Sharma, petitioners had alleged that the late Justice Ashok Kumar of the Madras High Court...

Justice KM Joseph Repeats His Word Of Caution, Says Secular State Cannot 'Whitewash' Hate Crimes

Supreme Court judge Justice KM Joseph on Monday reiterated that “there is no space for hate crime in a secular country.” A bench led by him was hearing a writ petition filed by a man against the UP Police's inaction in his complaint that he was subjected to hate crime in July 2021 in Noida.In this case, the UP Police registered an FIR only one and a half year after the incident took...

Centre Files Review Petition In Supreme Court Against Judgment Labelling Sikkimese-Nepalis As Of ‘Foreign Origin'

Amidst public outrage over the Supreme Court describing Sikkimese Nepalis as ‘persons of foreign origin’, the union home ministry has filed a review petition in the apex court. Under the scanner is a portion in a concurring opinion authored by Justice B.V. Nagarathna, where the judge, while narrating the historical evolution of the modern-day Indian state of Sikkim vis-à-vis...

AIBE XVII: Bar Council Of India Removes Answer Key From Official Website

The Bar Council of India has removed the answer key link for the All India Bar Examination (AIBE) XVII from its official websites (barcouncilofindia.org and allindiabarexamination.com). The Answer Key (English Set A, Set B, Set C and Set D) for the AIBE 17 was released yesterday after the exam was conducted, however the same was removed later on, reportedly because the key...

Buying And Selling Of SIM Cards/ Recharge Coupons Doesn’t Constitute Business Auxiliary Service: CESTAT

The Delhi Bench of the Customs Excise and Service Tax Appellate Tribunal (CESTAT) has held that buying and selling of SIM cards and recharge coupons by a distributor under a Distributor Agreement with a Telecom Operator, does not amount to providing business auxiliary services to the said Telecom Operator and thus, the same will not attract service tax. The bench of Justice Dilip...

Supreme Court To Hear Lakshadweep UT's Challenge To HC Order Suspending Conviction Of MP's Conviction On Feb 13

The Supreme Court on Monday adjourned the Special Leave Petition filed by the Union Territory of Lakshadweep challenging the order of the Kerala High Court which suspended the conviction and sentence of Member of Parliament Mohammed Faizal in an attempt to murder case, for hearing on 13 February. Solicitor General Senior Tushar Mehta appearing for the Union Territory submitted before the bench...

Supreme Court Stays HC Direction To Woman In Same-Sex Relationship To Undergo Counselling

The Supreme Court on Monday stayed an order passed by the Kerala High Court directing a 23-year old woman, who is stated to be in a same-sex relationship, to undertake counselling. The High Court passed the order in a habeas corpus petition field by her same-sex partner alleging that she had been illegally detained by her parents.Challenging the High Court order, the partner approached...

Man Accused Of Burning Copies Of Ramcharitmanas| 'Follow S. 41A CrPC Mandate, Arnesh Kumar Guidelines': Allahabad HC To Police

While dealing with the writ plea of a man accused of burning the copies of Ramcharitmanas, the Allahabad High Court has directed the police authorities to follow the mandate of Section 41A CrPC and also the directions issued by the Supreme Court in Arnesh Kumar v. State of Bihar.The bench of Justice Devendra Kumar Upadhyaya and Justice Narendra Kumar Johari however denied to quash the FIR...

Sec 34 Petition Is Not Non-Est, Even If Award Is Not Filed In A Separate Folder: Delhi High Court

The Delhi High Court has ruled that the error committed by the petitioner/award debtor in not filing the documents, including the copy of the Arbitral Award challenged by it, in a separate e-folder, as prescribed in the Delhi High Court (Original Side) Rules, 2018, would not render the petition filed by it under Section 34 of the Arbitration and Conciliation Act, 1996 (A&C Act)...

Victoria Gowri To Take Oath As Madras HC Judge Tomorrow; Supreme Court Also To Hear Tomorrow Plea Against Her Appointment

Advocate Victoria Gowri, who is in the middle of controversy after complaints regarding her statements about religious minorities, will take oath a judge of the Madras High Court tomorrow at 10.35 AM.A circular issued by the Madras High Court stated that Gowri will take oath along with four others, whose appointments as additional judges were notified by the Central Government...

Assets Of Subsidiary Company Cannot Be Dealt With In CIRP Of Holding Company: NCLAT Delhi

The National Company Law Appellate Tribunal (“NCLAT”), Principal Bench, comprising of Justice Ashok Bhushan (Chairperson), Dr. Alok Srivastava (Technical Member) and Mr. Barun Mitra (Technical Member), while adjudicating an appeal filed in Greater Noida Industrial Development Authority (GNIDA) v Roma Unicon Designex Consortium, has held that the assets of the Subsidiary Company...

Order Passed Under S. 36 Of Arbitration Act Not Appealable Under S. 13 Of Commercial Courts Act: Delhi High Court

The Delhi High Court has ruled that appeal against the order of the High Court, passed under Section 36 of the Arbitration and Conciliation Act, 1996 (A&C Act), is not maintainable under Section 13(1A) of the Commercial Courts Act, 2015, since it is not one of the orders enumerated under Order XLIII of the Code of Civil Procedure, 1908 (CPC), from which an appeal would lie. The...