Does NGT Have Jurisdiction To Take Suo Motu Cognizance Without An Application? Supreme Court To Examine

The Supreme Court shall consider on August 25 about the issue as to whether the National Green Tribunal (NGT) has jurisdiction under the provisions of the NGT Act, 2010 to take suo motu proceedings. The bench of Justices A. M. Khanwilkar and Sanjiv Khanna was hearing a string of SLPs and appeals before it. The question to be addressed was whether the NGT can exercise suo motu...

No Bar In Permitting Amendment Of Pleadings Or Filing Of Additional Documents In CIRP Application U/s 7 IBC: Supreme Court

The Supreme Court observed that there is no bar in permitting amendment of pleadings or to the filing of additional document in an application under Section 7 of the Insolvency and Bankruptcy Code.Depending on the facts and circumstances of the case, when there is inordinate delay, the Adjudicating Authority may, at its discretion, decline the request, the bench comprising Justices...

Suit For Eviction Maintainable Before Wakf Tribunal If Tenant Disputes That Property Is Not A Wakf: Supreme Court

The Supreme Court observed that a suit for eviction is maintainable before a Wakf Tribunal if the tenant disputed that the property is not a wakf.This is because the question whether a property belongs to wakf is exclusively triable by the Wakf Tribunal.In this case, the Telangana State Wakf Board filed a suit before the Andhra Pradesh State Wakf Tribunal, Hyderabad seeking eviction...

Parliament Passes Bill To Amend Act Regulating Major Airports In India

The Government has decided to pair profitable airports with non-profitable airports that may be offered in public-private partnership mode as a package to the prospective bidders. This, the Government said will encourage development of smaller airports. To this effect, the Parliament on Wednesday passed the Airports Economic Regulatory Authority of India (Amendment) Bill,...

"No Power To Go Beyond 'Kedarnath' Ruling": Punjab & Haryana High Court Dismisses Plea Challenging 'Sedition Law'

Stressing that the Supreme Court's ruling in Kedarnath Singh v. State of Bihar 1962 AIR 955 is binding on it, Punjab And Haryana High Court last week dismissed a plea challenging the Constitutional Validity Of Sedition Law (Section 124A IPC).The Bench of Chief Justice Ravi Shankar Jha and Justice Arun Palli further observed that it has no power to go beyond the Kedarnath judgment and examine...

Offences Committed Outside India: Previous Sanction Of Central Govt U/S 188 CrPC Not Required At The Stage Of Cogizance But Trial Can't Be Commenced Without It: SC

The Supreme Court observed that the trial of the criminal case against an Indian citizen for offences committed outside India cannot commence without sanction of the Central Government under Section 188 of the Code of Criminal Procedure.But such previous sanction is not required at the stage of cognizance, the bench comprising Justices L. Nageswara Rao and Aniruddha Bose said.In this case,...

Former Mumbai Police Commissioner Param Bir Singh Moves Bombay HC Against Justice Chandiwal Inquiry Committee

Former Mumbai Police Commissioner Param Bir Singh has moved the Bombay High Court against the orders issued by the one member High Level Inquiry Committee headed by Justice KU Chandiwal, constituted by the State of Maharashtra. The Maharashtra Government had on March 30th appointed former Bombay High Court Judge, KU Chandiwal to conduct a high-level judicial inquiry into...

Money Decree/Certificate Of Recovery In Favour Of Financial Creditor Gives Fresh Cause Of Action To Initiate CIRP U/s 7 IBC: Supreme Court

The Supreme Court observed that a judgment and/or decree for money in favour of the Financial Creditor, or the issuance of a Certificate of Recovery in its favour, would give rise to a fresh cause of action for the Financial Creditor, to initiate proceedings under Section 7 of the IBC for initiation of the Corporate Insolvency Resolution Process. Such judgment/decree may be passed by the...

Online Crowd Funding Platform For Treatment Of Rare Diseases Made Operational: Centre Tells Delhi High Court

The Central Government on Wednesday informed the Delhi High Court that it has set up and made operational an online crowdfunding platform for collecting funds for treatment of children suffering from rare diseases. The development comes pursuant to a direction made to the Government by Justice Rekha Palli last month, for immediately launching a dedicated online platform for the purpose. "Why...

ISRO Espionage Case: Kerala High Court Extends Interim Protection To Former Gujarat DGP RB Sreekumar & Other Accused

The Kerala High Court on Wednesday extended the interim protection from arrest given to former Gujarat DGP RB Sreekumar, two former Kerala Police officers, and a retired IB official in the ISRO conspiracy case once again till August 11th. The matter will be heard again tomorrow.Justice Ashok Menon extended the relief for another day after the ASG P. Vijayakumar representing CBI informed the...

Is Cognizance By Pune Sessions Court In Bhima Koregaon Case Void? Bombay High Court Reserves Judgment In Sudha Bharadwaj's Plea For Default Bail

The Bombay High Court on Wednesday reserved its order on lawyer-activist Sudha Bharadwaj's default bail plea in the 2018 Bhima Koregaon – Elgar Parishad caste violence case. Justices SS Shinde and NJ Jamadar heard Bharadwaj's plea filed under sections 439, 482 and 167(2)(a)(i) of the Criminal Procedure Code read with section 43 D(2)of the Unlawful Activities Prevention...

Judge Uttam Anand Death- 'Feeding Particular Questions To Get Particular Answers Isn't Appreciated': Jharkhand HC Pulls Up IO, SIT Head

The Jharkhand High Court, while accepting the recommendations of the State Government and transferring the investigation of the Dhanbad Judge death case to the Central Bureau of Investigation, raised several pertinent questions to the Investigating Agency. A bench of Chief Justice Ravi Ranjan and Justice Sujit Narayan Prasad perused the affidavit filed by the DGP and head of the...