Is Affinity Test Integral To Determination Of Caste Status?What Should Be Parameters To Verify Caste Certificates? Supreme Court Refers To Larger Bench

The Supreme Court, on Thursday, opined that the parameters to be considered by the Caste Scrutiny Committee to verify the caste certificate needs to be decided by a larger Bench. Observing that two judgments rendered by the Division Bench of the Apex Court have set out different parameters for the verification of caste certificates, a Bench comprising Justices Hemant Gupta and...

Bulandshahr Custodial Death | Allahabad High Court Seeks Details Of Action Taken By UP Govt Over Judicial Inquiry Report

The Allahabad High Court has asked the Additional Chief Secretary in the Uttar Pradesh Government to file his personal affidavit disclosing the steps taken by the State pursuant to the submission of a judicial inquiry report in the Bulandshahr Custodial Death case.The Bench of Justice Ashwani Kumar Mishra and Justice Rajnish Kumar ordered thus as it noted that in the judicial inquiry report,...

Section 188 CrPC - Sanction Not Required If A Part Of Offence Is Committed In India: Supreme Court

The Supreme Court observed that Section 188 of the Criminal Procedure Code will not be attracted if a part of the offence was committed in India.The Section gets attracted when the entirety of the offence is committed outside India; and the grant of sanction would enable such offence to be enquired into or tried in India, the bench comprising Justices Uday Umesh Lalit, S. Ravindra Bhat...

Supreme Court Weekly Round-Up [March 21- March 27]

Supreme Court Judgements1. Suppression Of Information About Criminal Case By Candidate In Selection Process Can Be Ignored In Certain Situations : Supreme CourtCase Title: Umesh Chandra Yadav V. The Inspector General And Chief Security Commissioner, R.P.F., Northern Railway, New Delhi & Others| Civil Appeal No(S). 1964 Of 2022Citation : 2022 LiveLaw (SC) 300The Supreme Court has held...

Free Legal Aid Doesn't Mean Poor Legal Aid, Must Mean Quality Service : Justice UU Lalit

To augment the quality of services of legal aid, Justice Lalit said that it was important to induct talented persons.

High Court Being A 'Court Of Equity' Must Not Let Rigid Technical Rules To Perpetuate Miscarriage Of Justice: Orissa High Court

The Orissa High Court has held that it being a Court of equity, must not let rigid technical rules of procedure to trump justice and to pave way for manifest miscarriage of justice. While denying relief to a person, who had been evading his liability for almost two decades under the garb of procedures, a Division Bench of Chief Justice Dr. S. Muralidhar and Justice Radha...

SC Stays Order Of NCLAT Which Allowed IRP Against The Personal Guarantor In Absence Of CIRP Of Corporate Debtor

The Supreme Court in a Bench consisting of Justice S. Abdul Nazeer and Justice Vikram Nath has stayed the order of the NCLAT in the matter of State Bank of India v. Mahendra Kumar Jajodia, wherein the Appellate Tribunal had settled the widely contended position on whether Insolvency Resolution Process (IRP) can be initiated against the Personal Guarantor in the absence of...

'She Will Threaten Witnesses, Tamper With Evidence And Abscond If Bail Granted' : CBI To Supreme Court In Bail Plea Filed By INX Media Co-founder Indrani Mukerjea

The Central Bureau of Investigation has filed an affidavit in the bail plea filed by INX Media co-founder and socialite Indrani Mukerjea, the prime accused in the Sheena Bora murder case. By its order dated 18.02.2022, the Supreme Court had issued notice in the bail plea. On Friday, as the matter came up for hearing, Justices L.Nageswara Rao and B.R. Gavia was urged...

SARFAESI - Borrower Has No Right Of Hearing Before Magistrate Allows Possession Of Assets Under Section 14 : Bombay High Court

The Bombay High Court has refused to read principles of natural justice into Section 14 of the SARFESI Act and direct magistrates to put a borrower to notice before taking possession of the asset for the bank or financial institution. "Only a post-possession right to approach the tribunal is conferred on a borrower in terms of section 17, nothing more and nothing less," the...

'Supreme Court Not Meant To Take Care Of Parking' : SC On Plea Against Traffic Woes In Najafgarh

"Sitting in the Supreme Court it is impossible for us to see what the ground reality is in respect of traffic, in respect of roads, in respect of parking in such a vast country".

Not Every Interpretation Of Law Would Amount To A Question Of Law : Supreme Court Explains Scope Of Appeal Under Section 15Z SEBI Act

The Supreme Court, while dismissing an appeal against an order passed by Securities Appellate Tribunal, explained the scope and ambit of statutory appeal under Section 15Z of the Securities and Exchange Board of India Act, 1992.In this case, the Securities Appellate Tribunal set aside the order passed by the Securities and Exchange Board of India restricting the respondent-company from...

Supreme Court Refuses To Quash Case Against Kitex MD Sabu Jacob Over Worker's Accidental Death In Factory

The Supreme Court on Friday upheld Kerala High Court's order of refusing to quash the case registered against Kitex Garments Private Limited MD, Sabu M Jacob over accidental death of a worker at the factory. The bench of Justices DY Chandrachud and Surya Kant dismissed the Special Leave Petition filed by Kitex MD Sabu M Jacob assailing Kerala High Court's order dated February February March...