Supreme Court Weekly Digest With Nominal And Subject/Statute Wise Index [September 11 – 17, 2023]

Citations: 2023 LiveLaw (SC) 763 To 2023 LiveLaw (SC) 799SUBJECT WISE INDEXAdvocateIt is very unfortunate that the Advocates representing the State Government have to approach the Court of Law for recovery of their fees - Ensure that an Advocate who appears for the State is paid his fees within a reasonable time. State of Uttar Pradesh v. Bina Pandey, 2023 LiveLaw (SC) 769Disciplinary...

Varanasi Court Rejects Plea For ASI Survey Of Gyanvapi Mosque's Wuzukhana Area Considering SC's Order Protecting 'Shiva Linga'

The District Judge, Varanasi today REJECTED a petition moved before it seeking a direction to the Archeological Survey of India (ASI) to undertake a survey of the Wazukhana area (except for the 'Shiva Linga') inside the Gyanvapi Mosque without causing any damage to the structure.The application, filed under Section 75 (e) and Order 26 Rule 10A r/w Section 151 of CPC, had been moved by Rakhi...

CJI Chandrachud To Speak At 3rd SDR Comparative Constitutional Law Discussion On “Perspectives From The Supreme Courts Of India And The United States” [23rd October]

The Society for Democratic Rights (SDR), New Delhi, and the Georgetown University Law Center, Washington DC will co-host the 3rd Comparative Constitutional Law discussion on the topic “Perspectives from the Supreme Courts of India and the United States”.The inaugural discussion in the series was held in October 2020 on the occasion of 150 years celebrations of Georgetown Law. Our...

'Ensure Manual Sewer Cleaning Is Completely Eradicated' : Read 14 Directions Issued By Supreme Court Against Manual Scavenging

The Supreme Court has issued a slew of directions to the Union and the State Governments to ensure that the abhorrent practice of manual scavenging is totally put to an end by strict implementation of the Prohibition of of Employment as Manual Scavengers and their Rehabilitation Act, 2013.The Court directed that the process of manual cleaning of sewers is completely eradicated and to ensure...

NALSAR University Of Law Implements Menstrual Leave Policy

The NALSAR University of Law, has introduced a menstrual leave policy for all the students of various curriculums. The menstrual leave policy is a student led initiative, aimed at providing a 'period friendly space' within the University. The Policy deems to provide one menstrual leave per month, synonyms to medical leaves so that the students, faculty and staff can cater to their...

Satisfied That Much Was Done & Conscious That A Lot Remains To Be Done: Justice Ravindra Bhat Says In Farewell Speech

On October 20, 2023, Justice Ravindra Bhat of the Supreme Court delivered a reflective farewell speech, at an event organized by the Supreme Court Bar Association to mark his retirement. Justice Bhat began by expressing his deep gratitude for the privilege of serving as a member of the bench of the highest court in the country."I count myself to be amongst one of the most lucky person to...

IBC | Doctrine Of Election Can't Prevent Financial Creditor From Initiating CIRP Against Corporate Debtor: Supreme Court

The Supreme Court has held that the 'Doctrine of Election' cannot be applied to prevent a Financial Creditor from approaching the National Company Law Tribunal (NCLT) for initiation of Corporate Insolvency Resolution Process (“CIRP”) against a Corporate Debtor, under the Insolvency and Bankruptcy Code, 2016 (IBC).The Doctrine of Election is embodied in the law of evidence, which...

Former Civil Servants Challenge 2023 Amendments To Forest Conservation Act; Supreme Court Seeks Centre's Response

The Supreme Court on Friday issued notice on a plea challenging the constitutionality of the recent amendments to the Forest (Conservation) Act.A bench of Justices BR Gavai, Aravind Kumar, and Prashant Kumar Mishra was hearing a writ petition filed by retired civil servants, including a former secretary and an additional secretary to the Ministry of Environment, Forest and Climate...

Supreme Court Takes Note Of 'Positive Development' In Centre Clearing Some Collegium Proposals, Repeats Concerns About Pending Files

The Supreme Court on Friday (October 20) took note of some "positive developments" in judicial appointments, as the Centre has notified a slew of appointments and transfers of High Court judges over the last two weeks.At the same time, the Court reiterated its concerns about the segregation of names and the pendency of certain collegium proposals. A bench comprising Justices Sanjay Kishan...

NewsClick Arrests: Delhi Court Extends Judicial Custody Of Prabir Purkayastha, HR Head Till October 25 In UAPA Case

A Delhi Court on Friday extended the judicial custody of NewsClick founder Prabir Purkayastha and Human Resources head Amit Chakraborty till October 25 in the UAPA case registered following allegations of the portal receiving money for pro-China propaganda.Additional Sessions Judge Hardeep Kaur of Patiala House Courts extended the judicial custody for five more days.Purkayastha and...

SARFAESI Act | As per Unamended S.13(8), Borrower Has Right To Redeem Available Till Sale Certificate Is Registered & Possession Is Handed Over : Supreme Court

The Supreme Court, while deciding an appeal, settled the issue of right of redemption of a mortgaged property by a borrower under the unamended Section 13 (8) of the Securitization and Reconstruction of Financial Assets and Enforcement of Securities Interest Act, 2002 (SARFAESI Act).The Bench comprising of Justices Vikram Nath and Rajesh Bindal clearly held that as per the unamended Section...

Supreme Court Makes Absolute Interim Anticipatory Bail Granted To Congress Leader BV Srinivas in Sexual Harassment Case

The Supreme Court of India on Friday granted anticipatory bail to Indian Youth Congress (IYC) president BV Srinivas in a sexual harassment case, by making 'absolute' a May 2023 order by which the court had granted him pre-arrest bail as an interim measure.A bench of Justices BR Gavai, Aravind Kumar, and Prashant Kumar Mishra was hearing Srinivas' special leave petition against the Gauhati...