New Ordinances Allow Extension Of CBI, Enforcement Directorate Directors' Term Upto 5 Years

The President of India has promulgated two Ordinances to allow the extension of the tenure of the Directors of the Central Bureau of Investigation (CBI) and Enforcement Directorate (ED) up to 5 years.The Ordinances amend Section 4B of the Delhi Special Police Establishment Act, which specifies the term of CBI Director and Section 25 of the Central Vigilance Commission Act, which prescribes...

Breaking: [Two CLAT Exams in 2022]- CLAT-22 On May 8, CLAT 23 On December 18, 2022

Annual Executive Committee and the General Body Meetings of the Consortium of National Law Universities were held today at NALSAR University of Law, Hyderabad under the Chairmanship of Prof. Faizan Mustafa.The consortium has resolved to conduct two Common Law Admission Tests in the year 2022."CLAT-2022 will be held on May 8, 2022. CLAT-2023 will be held on 18th December 2022", Prof....

"It Is Impermissible For Co-operative Societies To Deny Membership To Single Women, Members of Particular Community, People Who Eat Particular Food": Supreme Court

Supreme Court on Saturday has orally remarked that it is "impermissible" that co-operative societies, in pursuance of the fundamental right to form associations under Article 19(1)(c), are denying membership to "single women, to individuals who are members of a particular community, to persons who eat some particular food." The bench headed by Justice Chandrachud was hearing an SLP against...

[Foreign Liquor Rules, 1953] Whether Mere Addition Or Deletion Of A Director Could Be Said To Be A Reconstitution Of A Board In Terms Of Rule 19(Ii): Supreme Court To Consider

The Supreme Court on Wednesday (November 10) agreed to examine as to whether mere addition or deletion of a director could be said to be a reconstitution of a board in terms of Rule 19(ii) of the Foreign Liquor Rules, 1953. The bench of Justices SK Kaul and MM Sundresh in the present matter was considering a special leave petition assailing Kerala High Court's order dated September 16,...

Section 482 CrPC - High Court Must Furnish Reasons For Issuing Interlocutory Direction At Interim Stage : Supreme Court

The Supreme Court has observed that while issuing an interlocutory direction at an interim stage while exercising jurisdiction under Section 482 of the Code of Criminal Procedure, the High Court must furnish reasons."Even at the interim stage, the High Court must demonstrate an application of mind and furnish reasons for issuing any interlocutory direction, which is capable...

Supreme Court Weekly Round Up: Nov 8 To Nov 14, 2021

JUDGMENTS THIS WEEK1. Merely Having An Explicit Clause Not Sufficient To Make Time The Essence Of The Contract: Supreme CourtCase name: Welspun Specialty Solutions Limited vs Oil and Natural Gas Corporation Ltd Citation: LL 2021 SC 646The Supreme Court observed that merely having an explicit clause may not be sufficient to make time the essence of the contract.The contractual clauses...

Consumer Protection Act 2019 : Legislative Impact Assessment Study Recommends Revision Of Pecuniary Jurisdiction To Reduce Burden On District Forums

The Central Government has filed an affdavit containing the Legislative Impact Assessment of the Consumer Protection Act, 2019 as directed by the Apex court in the suo-motu matter dealing with the issue of vacancies in Consumer Commissions across the country. In an order dated 11/08/2021, a Bench of Justices Sanjay Kishan Kaul and Hrishikesh Roy had directed the...

Indian Judiciary Has Always Been At The Forefront In Shaping A Welfare State: CJI NV Ramana

"Indian judiciary has always been at the forefront to make our country a welfare state. The country's history tells us that the constitutional courts (with the constitution at their hearts) have always stood up for the marginalized", said Chief Justice of India, NV Ramana while speaking at the Valedictory Ceremony of Pan India Legal Awareness & Outreach Campaign.This was a pan India...

'Deeply Concerned With Opaqueness' : Madras Bar Association Passes Resolution Against Proposal To Transfer Chief Justice Sanjib Banerjee

The Madras Bar Association has passed a resolution urging the Supreme Court Collegium to reconsider the recommendations to transfer the Chief Justice of Madras High Court Sanjib Banerjee to Meghalaya High Court.The Association said that it was "deeply concerned with the opaqueness surrounding the transfers". It also expressed concern with the transfer of Justice TS Sivagnanam from Madras...

S. 439 CrPC: Delhi High Court Stays Sessions Court's Bail Order Castigating Police Investigation

The Delhi High Court has stayed an order passed by a Sessions Court in bail proceedings, wherein it had pulled up an Investigating Officer of the Delhi Police for conducting perfunctory investigation in connection with a dowry death case.Justice Chandra Dhari Singh observed,"it is a settled position of law that the lower courts are not akin to constitutional courts. While deciding an...

Merely Having An Explicit Clause Not Sufficient To Make Time The Essence Of The Contract: Supreme Court

The Supreme Court observed that merely having an explicit clause may not be sufficient to make time the essence of the contract.The contractual clauses having extension procedure and imposition of liquidated damages, are good indicators that 'time was not the essence of the contract', the bench comprising CJI NV Ramana and Justice Surya Kant observed in a judgment delivered on Saturday. The...

'SBI Can't Misinterpret RBI Circulars'- Madras High Court Holds Collection of Cash Handling Charges From Stamp Vendors Illegal

The practice of collecting cash handling charges from stamp vendors who deposit money through treasury challans into the Government account must be done away with, Madras High Court has ruled recently, giving strict directions to the State Bank of India. Justice S.M Subramaniam made it clear that the two RBI Master Circulars in 2014 and 2021, vehemently relied on by the State Bank of...