"Compensate Victims Of Wrongful Prosecution": Plea Before Supreme Court Seeks Directions To The Centre

A plea has been filed before the Supreme Court seeking directions to Centre to frame Guidelines for compensation to victims of Wrongful Prosecution and implement the recommendations of Law Commission Report No-277 on Miscarriage of Justice. The plea filed by advocate and BJP leader Ashwini Kumar Upadhyay has sought directions to the States to implement Centre's Guideline for Compensation...

Karnataka High Court Protects CBSE, ICSE Schools From Coercive Action Under Govt Order Barring Collection Of Fees Above 70%

The Karnataka High Court has directed State Authorities not to take any coercive steps against members of the Association of India Schools, affiliated to the CBSE and the ICSE for any breaches of the the government order by which it asked only for the Academic Year 2020-21 to collect only 70% Tuition Fees from the parents as collected for the academic year 2019-20 and other charges are...

Plea In Supreme Court Seeks Release Of Rohingya Refugees Allegedly Detained In Jammu

Supreme Court of India has been approached with a plea seeking directions for release of the Rohingya refugees who have been detained in Jammu and to refrain the government from implementing any orders on deporting them. The plea has also sought directions to UNHCR to intervene and assess the protection needs of the refugees and grant them refugee cards. The reliefs have been sought through...

NCLT/NCLAT Can't Interfere With Commercial Wisdom Of CoC Except Within Limited Scope Under Sections 30 & 31 IBC : Supreme Court

The Supreme Court has reiterated that the National Company Law Tribunal(NCLT) or the National Company Law Appellate Tribunal(NCLAT) cannot interfere with the 'commercial wisdom' of the Committee of Creditors(CoC), except within the limited scope under Sections 30 and 31 of the Insolvency and Bankruptcy Code(IBC).Based on this well settled principle, a 3-judge bench comprising Justices...

Even If Judge's Wife Is Distantly Related To One Of The Petitioners, This Nowhere Implies That Such Judge Is Prejudiced: Himachal Pradesh High Court

Underlining that even if the wife of a Judge is distantly related to one of the petitioners, this nowhere implies that such Judge is prejudiced, the Himachal Pradesh High Court on Monday (08th March) dismissed a plea seeking a declaration of a sitting Judge's dissenting view as Coram non-judice and non est in the eyes of law. The Bench of Justice Anoop Chitkara was hearing the pla...

Toolkit Case: Goa Based Activist Subham Kar Chaudhuri Moves Delhi Court For Anticipatory Bail

In another development in the toolkit case, Goa based environmental activist Subham Kar Chaudhuri has moved Patiala House Court in New Delhi for grant of anticipatory bail on the expiry of his transit anticipatory bail granted to him by the Bombay High Court. Chaudhuri, member of the organization "extinction rebellion" is apprehending arrest in connection with the Toolkit case. The High...

Patna High Court Suggests Reservation For Transgender Community On Regular Basis Under OBC Category; Asks State To Take The Final Decision

"May be, reservation on regular basis can be confined upto O.B.C. category for transgenders," contemplated the Patna High Court recently. A Division Bench comprising of Chief Justice Sanjay Karol and Justice S. Kumar observed, "A decision in the affirmative would not only uplift the lifestyle and education of the persons, but also going to be a correct step in bringing them into...

RBI Is 'State' Under Article 12; Private Banks Discharging Public Functions Amenable To Writ Jurisdiction: Calcutta High Court

The Calcutta High Court has held that th Reserve Bank of India (RBI) is "State" under Article 12 of the Constitution and thus, a writ petition is maintainable against it. The judgment delivered by a Single Bench of Justice Sabyasachi Bhattacharyya further states that even private banks cannot seek refuge of being non-State actors, for the purpose of challenging maintainability of a...

Punjab & Haryana High Court Stays Deportation Of Indian Origin Person To Kenya

In a petition filed before Punjab and Haryana High Court raising an important question with regard to Section 9(2) of the Citizenship Act, 1955 which envisages an opportunity to be heard before taking any decision, a division bench consisting of Justice Rajan Gupta and Justice Karamjit Singh, while issuing notice of motion to the parties, issued stay orders on the deportation of the petitioner...

State's Withdrawal Of Consent Will Not Impact Power To Investigate In 'Railway Areas' : CBI Tells Supreme Court

The Central Bureau of Investigation (CBI) has filed a Counter-Affidavit in the plea filed by West Bengal Government challenging order of the Calcutta High Court whereby it allowed CBI to investigate a case pertaining to illegal mining and transportation of coal through Railways in West Bengal, without the State's consent.The Affidavit firstly submits that the SLP is devoid of any merit...

Protection Of Runaway/ Inter-Faith Couples : Punjab & Haryana High Court Suggests Steps At Executive Level

The Punjab and Haryana High Court on Wednesday expressed concern over the enormous number of protection petitions being filed before it by runaway and inter-faith couples. A Single Bench of Justice Avneesh Jhingan while stating that the genuine cases of threat are often overlooked amid a pile of cases that are filed on a daily basis, suggested several steps to make...

Supreme Court Monthly Digest: February 2021

JUDGMENTS 1. Collusive Commercial Transactions With Corporate Debtor Will Not Constitute 'Financial Debt' Under IBC: Supreme Court [Case: Phoenix Arc Private Limited v. Spade Financial Services Limited; Citation: LL 2021 SC 55] A Bench comprising of Justices DY Chandrachud, Indu Malhotra and Indira Banerjee held that collusive or sham transactions with a corporate debtor will...