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Supreme Court Annual Digest 2022-Banking Law
Banking - The Bank employee always holds the position of trust where honesty and integrity are the sine qua non. (Para 11) United Bank of India v. Bachan Prasad Lall, 2022 LiveLaw (SC) 164 : AIR 2022 SC 943 : (2022) 4 SCC 358 Banking Companies (Period of Preservation of Records) Rules, 1985 - FERA Proceedings initiated against Banks - Show causes notices issued in the year 2002,...
'Hope We Won't Be Forced To Protest' : SCBA President Writes To CJI For Urgent Listing Of Matters Concerning 'Lives And Livelihoods' Of Members
Senior Advocate Vikas Singh, the President of the Supreme Court Bar Association has written a letter to the Chief Justice of India Dr DY Chandrachud regarding the listing and hearing of two urgent matters pertaining to the "lives and livelihoods" of the SCBA members. Through the letter, Senior Advocate Vikas Singh has said that he hopes that SCBA is not forced to resort to protesting due to...
Passive Euthanasia : Doctors Body Tells Supreme Court About Practical Difficulties In "Living Will" Guidelines
A Constitution Bench of the Supreme Court, on Wednesday, continued with the hearing of the Miscellaneous Application seeking modification of the guidelines for Living Will/Advance Medical Directive that was issued by way of its judgment recognising 'passive euthanasia' in Common Cause v. Union of India And Anr.Living Will/Advance Medical Directive is a written document that allows a patient...
Delhi Govt vs LG : Who Has Power To Control Civil Services In GNCTD? Supreme Court Constitution Bench Reserves Judgment
The Supreme Court on Wednesday reserved its judgment on the dispute between the Delhi government and the union government regarding control of administrative services in the National Capital Territory of DelhiThe five-judge bench of Chief Justice D. Y. Chandrachud and Justices M. R. Shah, Krishna Murari, Hima Kohli and P. S. Narasimha heard the rejoinder submissions of Senior Advocate...
COVID-19 Pandemic: Madras High Court Directs Centre To Permit UK National To Exit India Without Payment Of Penalty For Overstay
The Madras High Court has directed the Centre to allow a UK national to return to his country without payment of any penalty for the overstay. The man was stranded in India due to the COVID-19 pandemic.The court took note of a submission that Ministry of Home Affairs has clarified that the foreign nationals who got stranded in India on account of Covid-19 Pandemic, may apply for an exit...
No Intention To Commit Murder: Madras High Court Reduces Life Sentence Of Woman Who Set Minor Daughter On Fire
The Madras High Court has recently set aside the life imprisonment imposed on a mother for setting her minor daughter on fire and thereby causing her death. Altering the charge from that under Section 302 to one under Section 304 of IPC, Justice PN Prakash (since retired) and Justice G Jayachandran noted that the primary question was whether the appellant mother had intended to commit the...
Madras High Court Quashes Conditions Imposed By Police Against Oratory Competition On Prabhakaran’s Birth Anniversary, Permits Speeches Eulogising LTTE Leader
The Madras High Court has allowed a petition filed by director Pugazendhi Thangaraj and relaxed the conditions imposed on celebrating the birth anniversary of late LTTE Leader Prabhakaran.Though the court relaxed the conditions imposed by the police, Justice G Chandrasekharan stressed that the event should not affect the sovereignty of the nation or its friendly relations with other...
Award Of Costs By Arbitrator, Not Containing Quantification And Reasons, Is Arbitrary: Delhi High Court
The Delhi High Court has ruled that the mandate contained in Section 31(3) of the Arbitration and Conciliation Act, 1996 (A&C Act), as per which an arbitral award shall state the reasons on which it is based, must pervade every aspect of the award, including the award of costs. “Awarding costs by a stroke of the pen, without stating reasons therefor, would fly in the face...
Need To Streamline Working Conditions Of Delhi Police Constables: High Court, Senior Advocate Siddharth Aggarwal Appointed As Amicus Curiae
The Delhi High Court has appointed Senior Advocate Siddharth Aggarwal as amicus curiae in a case highlighting the issues faced by the Constables (Executive) of the Delhi Police who are supposed to work long hours in a day as part of their normal policing and other duties. A division bench of Justice Sanjeev Sachdeva and Justice Vikas Mahajan said some deeper examination is required to...
No Appeal Maintainable Under Order XLIII Rule 1 CPC Against Order Refusing Application For Rejection Of Plaint: Delhi High Court
The Delhi High Court has ruled that no appeal is maintainable under Order XLIII Rule 1 of the Code of Civil Procedure, 1908 (CPC) against the order of refusal of an application filed under Order VII Rule 11 seeking rejection of the plaint. While holding that an appeal can be filed only against the orders passed by a Court which are specifically provided under Order XLIII Rule 1,...
Allahabad High Court Sets Aside Ghazipur Court's Order Granting 'Superior Class' In Prison To Mukhtar Ansari
The Allahabad High Court has set aside the March 2022 order of a Trial Court in UP's Ghazipur directing the SSP of Banda District Jail to grant 'Superior Class' in prison to 'known gangster' and former UP MLA Mukhtar Ansari.Calling Ansari a dreaded criminal and a bahubali, the bench of Justice Dinesh Kumar Singh found the order of the First Additional Sessions Judge/Special Judge,...