CJI DY Chandrachud Says He Has Written To High Court Chief Justices On Hybrid Hearings

Chief Justice DY Chandrachud on Thursday orally remarked that he was taking administrative actions to ensure access to hybrid hearings in various High Courts. The remark came upon a mentioning made by Advocate Siddharth Gupta concerning hybrid hearings. The counsel made the mentioning before a bench comprising CJI DY Chandrachud, Justice PS Narasimha, and Justice JB Pardiwala.Gupta informed...

Supreme Court Dismisses Petition Challenging Election Of DMK MP Kanimozhi In 2019 Lok Sabha Elections

The Supreme Court on Thursday dismissed the election petition which has been filed in the Madras High Court challenging the election of Dravida Munnetra Kazhakam MP Kanimozhi in the 2019 Lok Sabha polls.A Bench of Justices Ajay Rastogi and Bela Trivedi allowed the appeal filed by the DMK leader challenging the Madras High Court's refusal to dismiss election petitions disputing her election...

[BAIL] Questions & Answers By Justice V. Ramkumar- Default Bail -PART-VI

Q.26 Whether it is for the Magistrate or for the Special Court to extend the time for filing the charge-sheet for the period from 90 days to 180 days under Section 43 D (2) (b) of the Unlawful Activities (Prevention) Act, 1967 (“UAPA” for short) ? Ans. The Magistrate does not have the power to extend the time for filing the charge-sheet with regard to a scheduled offence under...

Marriage Equality Petitions | Court Has To Go By Constitutional Mandate, Not Popular Morality: Supreme Court

While hearing the marriage equality petitions today, CJI DY Chandrachud orally remarked that the court had to go by constitutional mandate and could not act based on popular morality. The bench comprising CJI DY Chandrachud, Justice Sanjay Kishan Kaul, Justice S Ravindra Bhat, Justice Hima Kohli, and Justice PS Narasimha was discussing the Centre's proposition of constituting a committee...

Supreme Court Quarterly Digest - Constitution Of India [Jan-Mar, 2023]

Constitution of India, 1950 - Constitution does not prohibit lawyers practicing in the Supreme Court to be appointed as a Judge of the High Court - in fact, the Supreme Court has given imprimatur to the principle that in suitable cases Advocates practicing in the Supreme Court can be considered for appointment to the High Court. Ashok Pandey v. Union of India, 2023 LiveLaw (SC) 5Constitution...

'Is There No Other Competent Person?': Supreme Court Asks Centre On ED Director's Term Extension

"Is there no other competent person in the entire agency?" the Supreme Court on Wednesday asked Solicitor-General for India Tushar Mehta, in response to his submission that Enforcement Directorate chief Sanjay Kumar Mishra's tenure had been extended to ensure continuity in leadership ahead of the FATF peer review later this year. A three-judge bench of Justices BR Gavai, Vikram Nath,...

Department Cannot Decide Title Of The Goods When No One Disputes Ownership: CESTAT

The Ahmedabad Bench of the Customs, Excise, and Service Tax Appellate Tribunal (CESTAT) has held that the department cannot self-assign to itself the duty of declaring bad in law the certificate issued to the importer by the Ministry of Renewable Energy or decide the title to the goods, even when no one is disputing ownership.The bench of Somesh Arora (Judicial Member) and Raju (Technical...

ITC Not Allowable On Construction Of Shed Using Prefabricated Technology: Telangana AAR

The Telangana Authority of Advance Ruling (AAR) has held that input tax credit (ITC) is allowed for the construction of sheds using prefabricated technology.Sahil Inamdar has observed that the Pre-Fabricated Sheds (PFS) being constructed are, therefore, immovable property, and the input tax credit is not admissible on the inward supplies, which may include works contract services, for...

GM Mustard Case | Hearing Left Unfinished Because Of Impending Retirement Of SC Judge, Pleas Reassigned To Another Bench

A bench of the Supreme Court of India comprising Justice Dinesh Maheshwari, who is set to demit office on Monday, May 15, directed a batch of petitions seeking a ban on the commercial cultivation of indigenously developed genetically modified mustard to be placed before the chief justice to be reassigned. The bench pronounced: “Due to time constraints, the hearing could not be...

Money Bill Issue : CJI DY Chandrachud Says Will Consider Forming 7-Judge Bench

Chief Justice of India DY Chandrachud orally remarked today that constituting a seven-judge bench to hear the constitutional issue regarding money bills is on his mind. The remark was made upon a mentioning made by Senior Advocate AM Singhvi.Singhvi requested–"Your lordship had said earlier also that you will consider as soon as possible, after the holidays, the seven judge bench on the...

Section 140(5) Companies Act 2013 Is Constitutional; Resignation Of Auditor Won't End Proceedings Under Sec 140(5) : Supreme Court

The Supreme Court upheld the constitutional validity of Section 140(5) of the Companies Act, 2013 and held that that the provision is "neither discriminatory, arbitrary and/or violative of Articles 14, 19(1)(g) of the Constitution of India". The bench of Justices M R Shah and M M Sundresh further observed that the application/proceedings under section 140(5) is maintainable even after...

Supreme Court Sets Aside HC Direction To Increase Retirement Age Of Anganwadi Workers As 65 Years In Tripura

The Supreme Court recently set aside a judgment of the Tripura High Court which directed the State Government to raise the retirement age of Anganwadi workers from 60 years to 65 years.A bench comprising Justices Dinesh Maheshwari and Ahsanuddin Amanullah found fault with the High Court for issuing a mandamus to the State Government to change its policy regarding the retirement age of...