Does Payment Of Pension To Judicial Officers Based On Contributory Pension Affect Financial Dignity? Supreme Court To Examine

The Supreme Court today (23.11.2023) noted that the issue of whether the payment of pensions to judicial officers purely on basis of contribution pension scheme would be consistent with norms of financial dignity did merit consideration. The bench comprising CJI DY Chandrachud, Justice JB Pardiwala, and Justice Manoj Misra was passing an order in All India Judges Association v. Union of India,...

Title Of Immovable Property Can't Be Transferred Through Agreement To Sell Or General Power Of Attorney : Supreme Court

The Supreme Court recently held that no title could be transferred with respect to immovable properties on the basis of an Agreement to Sell or on the basis of a General Power of Attorney. A bench of Justice Vikram Nath and Justice Rajesh Bindal observed as thus: “...no title could be transferred with respect to immovable properties on the basis of an unregistered Agreement to Sell or on...

Centre Notifies Appointment Of Advocate Somasekhar Sundaresan As Additional Judge At Bombay High Court

In a recent development, Advocate Somasekhar Sundaresan has been appointed to be an additional judge in Bombay High Court. The Collegium of Bombay High Court recommended the name of Advocate Somasekhar Sundaresan on 04 October 2021. On 16 February 2022, the Supreme Court Collegium recommended the name of Somasekhar Sundaresan for appointment as a Judge of the Bombay High Court. On 25...

Supreme Court Dissolves Bench On PMLA Judgment Reconsideration After Centre Seeks Time; 'Doing With Heavy Heart', Says Justice Kaul

The Supreme Court on Thursday (November 23) dissolved the bench constituted to consider a batch of applications seeking reconsideration of its Vijay Madanlal Choudhary ruling, which upheld the powers of the Directorate of Enforcement (ED).After the union government sought for more time, the special bench comprising Justices Sanjay Kishan Kaul, Sanjiv Khanna, and Bela M Trivedi decided...

Credit Judicial Officers' Pension Arrears By December 8 Or Face Contempt : Supreme Court's Final Warning To States

The Supreme Court today (23.11.2023) gave the Chief Secretaries of defaulting States and Union Territories a "final chance" to comply with its order in All India Judges Association v. Union of India matter, in which the Apex Court had provided a timeline for the Center and the States to pay retired judicial officers pension as per the enhanced pay scale as recommended by the Second...

Marriage Equality Review : Petitioners Say Supreme Court Misunderstood Their Case; Claim Wasn't For New Legal Status But For Equality

Lawyer Utkarsh Saxena and his partner Ananya Koti have filed a review petition in the Supreme Court against the judgment in Supriyo v. Union of India which refused to legalise same-sex marriages. They were petitioners in the case that was decided on 17.10.2023 by a 5 judge bench. "..by refusing to grant queer couples access, on equal terms, to one of the most significant social institutions...

Pecuniary Jurisdiction Of Cases Before Bombay City Civil Court Increased From Rs. 1 Crore To Rs. 10 Crore

In order to reduce the burden of cases on the Bombay High Court, all suits valued up to Rs. 10 crore will now be heard by the Bombay City Civil Court. This is a jump from its current pecuniary jurisdiction to handle cases up to Rs. 1 crore.A notification in the official gazette was published after it received the assent of the Governor on November 20, 2023 amending Section 3 of the Bombay...

IBC | No Casual Interference With Commercial Wisdom Of CoC : Supreme Court Sets Aside NCLT Direction To Reevaluate Corporate Debtor's Assets

The Supreme Court has set aside an order whereby the National Company Law Tribunal (“NCLT”) kept the approval of a resolution plan in abeyance while directing an Official Liquidator to conduct re-valuation of the Corporate Debtor’s assets. Consequently, the order of National Company Law Appellate Tribunal (“NCLAT”) affirming the NCLT’s order has also been set aside.An...

Judicial Review Of Tenders - Interpretation Of Tendering Authority Must Prevail Unless There Malafides Alleged Or Proved : Supreme Court

The Supreme Court recently held that when it comes to tender clauses, the interpretation of a tendering authority must prevail unless there is any malafides alleged or proved. A bench of Justice Sanjay Kishan Kaul, Justice Sudhanshu Dhulia and Justice Ahsanuddin Amanullah referred to the decision of the Apex Court in Jagdish Mandal vs. State of Orissa (2007) 14 SCC 517 while making...

India’s First Female Supreme Court Judge Justice Fathima Beevi Passes Away

Justice M. Fathima Beevi, the first female Judge to be appointed to the Supreme Court of India, passed away today at the age of 96.In her long and decorated career, (Late) Justice Beevi served as a role model and icon for women across the country, and she even left her mark on the political arena by being appointed as the Governor of Tamil Nadu after her superannuation as Supreme...

TRAI's Appeal Against TDSAT Quashing Daily Cap Of 200 SMS : Supreme Court Seeks Filing Of Relevant Regulations

Recently, the Supreme Court (on November 22), directed the filing of relevant regulations in an appeal against telecom appellate tribunal’s 2012 decision quashing the cap of 200 text messages per day.A bench comprising Justices PS Narasimha and Sandeep Mehta was hearing an appeal filed by the Telecom Regulatory Authority of India (TRAI) in 2012.The restriction was imposed by the...

While Returning Deposit Of Auction Purchaser, Should Bank Pay Same Interest Rate Which Is Charged From Borrower? Supreme Court To Decide

The Supreme Court is set to examine whether while returning money deposited by the highest bidder, in an auction sale conducted by the bank, the rate of interest should match with the rate that the bank is charging from the borrower.The matter was placed before Justices Sajiv Khanna and S.V.N. Bhatti. In the present case, the petitioner was the highest bidder in an auction sale of a...