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...

'Evidence Of Interested Witnesses Should Be Subjected To Careful Scrutiny & Accepted With Caution': Reiterates Allahabad High Court

The Allahabad High Court has held that the testimony of an interested witness, though admissible, should be accepted by the Court after a careful scrutiny and corroboration with other materials placed on record. A Division Bench comprising of Justices Manoj Misra and Saumitra Dayal Singh observed, "an interested witness must be tested more carefully before any firm conclusion may...

Surge In COVID Cases- "Civic Polls, Careless Attitude of People Once Again Spoilt The Show": Gujarat High Court Issues Suggestions To Govt.

There is an acute dearth of expert Cardiologists, Gynecologists, etc. as posts are lying vacant since a long period of time. This is something we need to take cognizance of in public interest, more particularly, in this time of Covid pandemic: Gujarat High Court

Strictly Follow Program Code : Karnataka HC Directs Media On PIL Filed After Ramesh Jarkiholi Scandal

The Karnataka High Court has passed an interim order directing TV news channels to strictly follow the ''Programme Code' defined under Section 5 of the Cable Television Networks (Regulation) Act, 1995 ('Act' for short) read with Rule 6 of the Cable Television Network Rules, 1994.The order was passed by a single bench on March 6 on a PIL filed by an advocate affiliated to the Bharatiya...

"You Have To Re-establish Your Credibility With Your Own Court, We Will Keep The Contempt Hanging On Your Head":Supreme Court To Adv Yatin Oza

The Supreme Court on Wednesday ventured if the lifetime ban imposed on Mr. Yatin Oza to practice as a senior counsel can be kept in abeyance after the expiry of one year from when the full court of the Gujarat High Court had resolved to withdraw his designation, for 2-3 periods of six months each, during which the matter shall remain pending before the Supreme Court to monitor his conduct."We...

Parliament Passes Arbitration & Conciliation (Amendment) Bill, 2021 For Automatic Stay On Awards Induced By Fraud/ Corruption

The Rajya Sabha on Wednesday passed the Arbitration and Conciliation (Amendment) Bill, 2021 by voice vote. The Bill was passed by the Lok Sabha on February 12, 2201. It will replace an Ordinance promulgated on 4th November, 2020. It seeks to amend the Arbitration and Conciliation Act, 1996 so as to (i) enable automatic stay on awards in certain cases and (ii) specify by regulations...

Karnataka High Court To Pass Directions On Providing Shelters For Urban Homeless

The Karnataka High Court on Wednesday said it would on March 23, issue interim directions for implementation of the Operational Guidelines for the Scheme of Shelter for Urban Homeless (SUH) under the National Urban Livelihoods Mission (NULM).The bench observed that it was a crucial part of the conduct of a welfare state to provide shelters to all. A division bench of Chief...

'Finding Our Place In The Sun': Telangana CJ Hima Kohli, Justice Anu Sivaraman Reflect on Sexual Harassment, Maternity Leave, And More In A Women's day Event

Speaking at a virtual event organised to mark International Women's Day, Chief Justice Hima Kohli of the Telangana High Court recounted an experience from her own time at the Bar, where a client embroiled in a tenancy dispute could not afford her fee, but she continued representing the client. The client (who was a seamstress) came up to Chief Justice Kohli, offering to starch her...

Make Every Effort To Protect Temple Properties Across State, Mobilize Funds To Maintain/Restore Temples: Madras High Court Directs Govt.

"Temple lands often fall into disuse and are encroached upon and water bodies within temple lands become virtual public properties without any protection. It is imperative that appropriate measures are taken in such regard all over the State" : Madras High Court

Plea For FIR Against Kangana Ranaut's Tweets Allegedly Derogatory and Defamatory To Sikh Community :Delhi Court Seeks Report From Delhi Police

A Delhi Court on Wednesday sought action taken report (ATR) from the Delhi Police in a case filed by Manjinder Singh Sirsa, President Delhi Sikh Gurudwara Management Committee against Actress Kanagana Ranaut for her alleged "derogatory and defamatory hate tweets" on Farmers Protests thereby defaming the Sikh Community and committing acts prejudicial to national integrity....