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Unfortunate That Some Governors Are Playing A Role Where They Should Not : Justice BV Nagarathna
Supreme Court judge Justice BV Nagarathna expressed concerns over the actions and inactions of the Governors of some states, saying that they are not acting as per the role envisaged by the Constitution."In today's times unfortunately some of the Governors in India are playing a role where they ought not to and are inactive where they ought to be," Justice Nagarathna said in an address...
Our Progress In Social & Economic Justice Only Because Of Constitution & Dr.Ambedkar's Vision : Justice BR Gavai
Justice BR Gavai on Saturday credited the Constitution of India and Dr. BR Ambedkar's vision for enabling individuals from humble backgrounds, including himself, to reach significant positions. He also highlighted the proactive role of the Supreme Court in promoting social and economic justice, particularly for women and the members of Scheduled Castes and Scheduled Tribes and Other...
Article 341 Intends To Only Give 'Constitutional Identity' To Scheduled Castes; Not To Hold Them As 'Homogenous Class' : Supreme Court
The Supreme Court in its recent decision allowing sub-classification of Scheduled Castes(SCs), observed that Article 341 does not create a 'deeming fiction' and only bestows a 'constitutional identity' upon those backward communities which are listed as Scheduled Castes. The 7-judge Constitution Bench, by 6:1 majority, held that the purpose of Article 341 was to only give a legal recognition...
Local Debt Recovery Tribunal Must Be Established In Jammu And Kashmir, Says Supreme Court
The Supreme Court on Friday (August 2) called for the establishment of local Debt Recovery Tribunals (DRTs) in Jammu and Kashmir.“Someday it has to done. Looking at the topography of Jammu and Kashmir, it has to be done”, the court said.A bench of Justice Abhay Oka and Justice Augustine George Masih was hearing a plea by a bank against the Jammu and Kashmir and Ladakh High Court's...
Supreme Court Rejects Plea Seeking Clearance By Coastal Zone Management Authority For Railway Double-Tracking In Goa
The Supreme Court, yesterday (on July 02) upheld the Bombay High Court's decision stating that prior permission is not required from Goa Coastal Zone Management Authority for doubling of the railway track in Goa. The Bench of Justices Surya Kant and R. Mahadevan said that the issues relating to ecological balance have been adequately addressed by the statutory authorities and the...
Litigants Settle For Less As Process Becomes Punishment; Judges Rejected Lower Settlements At Lok Adalat : CJI DY Chandrachud
Through a series of case anecdotes from the Special Lok Adalat organised by the Supreme Court, the Chief Justice of India DY Chandrachud on Saturday highlighted the inherent problems in the judicial process, due to which parties often feel tempted to end tiresome litigations by accepting settlements even below their legal entitlements.The CJI was speaking at the commemoration function of...
Sub-classification Of Castes Would Amount To States Tinkering With Presidential List : Justice Bela Trivedi's Dissent
The Supreme Court bench of seven judges headed by the Chief Justice of India (CJI) Dr D.Y. Chandrachud and comprising Justices B.R. Gavai, Vikram Nath, Bela M. Trivedi, Pankaj Mithal, Manoj Misra and Satish Chandra Sharma, by 6:1 majority, has held that sub-division of Scheduled Caste to provide reservation to the weakest out of the weak is permissible.Justice Bela dissented. Justice...
Exploring Dr. Ambedkar's Influence On Justice Gavai's Judgment In Caste Sub-Classification Case
In his judgment allowing sub-classification within Scheduled Castes (SCs), Justice BR Gavai of the Supreme Court drew extensively on the views of Dr. BR Ambedkar to address concerns and validate the decision. The judgment extensively references Ambedkar's thoughts on social justice, equality, and the upliftment of disadvantaged groups, using them as a foundation to support...
Maintenance Charges And IFMS Not Financial Debt Under Section 5(8) Of IBC: NCLT New Delhi
The National Company Law Tribunal New Delhi bench of Bachu Venkat Balaram Das (Judicial Member) and Atul Chaturvedi (Technical Member) has held that maintenance charges and interest free maintenance security (IFMS) does not amount to financial debt within the meaning of Section 5(8) of the IBC. Brief Facts: The matter pertained to an application jointly filed by ILD Owners...
NCLAT Approves Byju's Settlement With BCCI
The Chennai bench of the National Company Law Appellate Tribunal (NCLAT) has approved a settlement between Byju's, a prominent ed-tech firm, and the Board of Control for Cricket in India (BCCI). This settlement which involves the payment of ₹158 crore in arrears will allow Byju's to exit insolvency proceedings that were initiated due to a petition from the BCCI. Justice Rakesh...
Supreme Court Asks Expert Committee To Suggest Reforms For Better Administration Of NEET-UG Exam
While refusing to cancel the NEET-UG exam held on May 5 this year on account of paper leak and malpractices, the Supreme Court today expanded the mandate for a 7-member expert committee constituted by the Union government to look into NEET paper leak and other malpractices.A bench of CJI DY Chandrachud and Justices JB Pardiwala, Manoj Misra delivered the judgment and prescribed the mandate...