Latest News
"Suit is Withdrawn, All Questions Of Law Shall Remain Open": Supreme Court Disposes Ex SCBA Secy. Ashok Arora's Plea Against His Suspension
The Supreme Court on Tuesday disposed off SCBA's erstwhile Secretary Ashok Arora's plea against his suspension as having become infructuous, while observing that "all questions of law shall remain open".With feuding leaders of the Supreme Court Bar Association consenting for a settlement, the Delhi High Court had on Friday closed a suit filed by Arora challenging the decision of the SCBA...
Enable Transgender Community To Apply For The Post Of Constable: Patna High Court Asks State To Adopt A Sensitive Approach
While reminding the State to adopt a sensitive approach, the Patna High Court on Monday (14th December) asked the Bihar State to enable Transgender community to apply for the post of Constable. The Bench of Chief Justice Sanjay Karol and Justice S. Kumar perused the advertisement issued by the Central Selection Board of Constable and said, "From the Advertisement, it is not clear...
Siddique Kappan Not A Journalist, He Has Links With SIMI And PFI: UP Government Submits Before Supreme Court
The UP Government has told the Supreme Court that independent journalist Sidhique Kappan should not be granted relief as he has links with banned Students Islamic Movement of India (SIMI) and was heading towards Hathras on the instructions of Delhi Riots accused, Md. Danish. The Affidavit filed by the UP Government in a habeas corpus petition moved by Kerala Union of Working...
"Victim's Statement Inconsistent": Bombay High Court Acquits Man Convicted Under POCSO Act For Allegedly Raping A 7 Yr Old
The Bombay High Court on Monday quashed and set aside an order convicting a 28-year-old man of committing the rape of a minor child and after noting the inconcistencies in the victim's statement to the police, Court observed that it would be highly unsafe to convict the appellant solely on the basis of the testimony of the victim.Division bench of Justice SS Shinde and Justice MS Karnik...
Justice DY Chandrachud Recuses From Hearing A Case On The Ground That Advocate Happened To Be A Relative
Justice D. Y. Chandrachud on Friday recused from a matter on the ground that the advocate appearing happened to be a relative.An appeal under section 130 E of Customs Act, 1962 had come up on the docket before a bench of Justices D. Y. Chandrachud and M. R. Shah."You should not take up briefs which are before me. Let it go to some other bench", said Justice Chandrachud.It may noted that...
Shares Transferred By Redington India To Its Step Down Subsidiary Not Eligible For Tax Exemption: Madras High Court
The Madras High Court has held that transfer of shares by Redington India to its step down subsidiary cannot be categorized as valid gift and is not eligible for tax exemption.The court observed that the incorporation of the company in Mauritius and Cayman Island just before the transfer of shares is undoubtedly a means to avoid taxation in India and the said two companies have been used...
Disputes Which Are To Be Adjudicated By DRTs Are Not Arbitrable: Supreme Court Overrules 2012 Delhi HC Judgment
Overruling a Full Bench decision of Delhi High Court, the Supreme Court has observed that the disputes which are to be adjudicated by the Debt Recovery Tribunal [DRT] under the DRT Act are non-arbitrable.To hold that the claims of banks and financial institutions covered under the DRT Act are arbitrable would deprive and deny these institutions of the specific rights including the modes...
Delay In Constituting NCLAT Chennai May Amount To Contempt Of Supreme Court's Direction: Madras High Court
The Madras High Court on Monday observed that the delay in establishing a Bench of NCLAT in Chennai may amount to contempt of the Supreme Court's direction in the Swiss Ribbons case to establish circuit Benches of the Tribunal. A Division bench comprising of Justice M. Sathyanarayanan and Justice P. Rajamanickam directed the Additional Solicitor General of India to seek instructions in...
Landlord-Tenant Disputes Under Transfer Of Property Act Arbitrable Except When Covered By Rent Control Laws : Supreme Court
The judgment on arbitration law decides several issues such as tests for arbitrability, who determines arbitrability, scope of enquiry under Sections 8/11, meaning of 'existence of arbitration agreement' etc.
Challenge To Conferment Of ST Status To Gowari Community By Bombay High Court: Centre Says Only Parliament can Amend Presidential Order U/A 342
"Any addition or deletion from the Constitution (Scheduled Tribes) Order, 1950 is the sole prerogative of the Parliament and the executive or the judiciary have no say in it", the Centre told the Supreme Court on Monday.The bench headed by Justice Ashok Bhushan was hearing a string of SLPs, including one by the Centre itself, arising out of the August, 2018 decision of the Bombay High...
Separate By-polls Permissible For Rajya Sabha Vacancies Which Arose On Different Dates : Jaishankar Defends His Election In Supreme Court
The External Affairs Minister of India, Dr. S. Jaishankar has defended his election to the Rajya Sabha last year before the Supreme Court.In his counter-affidavit, Jaishankar has stated that there exists no provision either in the Constitution or the Representation of Peoples Act prescribing election to vacant Rajya Sabha seats via single by-election.The affidavit has come on record in the...