Requirement To File Certificate Of A Senior Advocate Along With Curative Petition Mandatory: Supreme Court

The Supreme Court observed that filing of certificate of a Senior Advocate along with curative petition is a mandatory requirement.In this case, instead of filing the requisite certificate from a Senior Advocate, the petitioner, a convict, filed an application for exemption from filing the said certificate. Taking note of the fact that it is a jail petition, the court referred the matter to...

Supreme Court Weekly Round Up, October 18 To October 24, 2021

JUDGMENTS THIS WEEK1. Distinction Between Tax And Fee Has Been Substantially Removed, Says Supreme CourtCase Title: Jalkal Vibhag Nagar Nigam and Ors v. Pradeshiya Industrial and Investment Corporation & Anr. Citation: LL 2021 SC 583The Supreme Court observed that the distinction between a tax and fee has been substantially removed.The practical and even constitutional,...

Justice UU Lalit Stresses Importance Of Pan India Legal Awareness Outreach Campaign

Supreme Court judge Justice Uday Umesh Lalit, the Executive Chairman of the National Legal Services Authority, has stressed the importance of pan-India legal awareness and outreach program.He was speaking at the Mega Legal Services Camp organized by the Maharashtra Legal Services Authority under the aegis of NALSA at Beed on Saturday (October 23).Justice Lalit said that it is the duty...

Distinction Between Tax And Fee Has Been Substantially Removed, Says Supreme Court

The Supreme Court observed that the distinction between a tax and fee has been substantially removed.The practical and even constitutional, distinction between a tax and fee has been weathered down, the bench headed by Justice DY Chandrachud observed while rejecting the challenge against Constitutional validity of Sections 52(a), 55(b)(i) and 56(b) of the UP Water Supply and Sewerage Act.In...

High Court Under Article 226 Cannot Permit Party To Modify Its Offer Without Hearing Other Parties: Supreme Court

The Supreme Court has observed that High Court under Article 226 could not permit a party to modify its offer without hearing other parties. The bench of Justices MR Shah and AS Bopanna in the present matter was considering a special leave petition assailing Gujarat High Court's judgement in which the High Court had directed ONGC to finalize the contract with an applicant on...

Would It Be Arbitrary To Provide Same Income Limit For OBC & EWS Categories? Supreme Court Asks Centre

The Supreme Court has sought explanations from the Central Government on the criteria of annual income of Rupees 8 lakh adopted by it for Economically Weaker Sections(EWS) quota.The Court noted that the income limit in the criteria for the determination of the creamy layer of the OBC category and the EWS category is the same, namely, Rs 8 lakhs. The Court has asked if it would be arbitrary...

"Financial Autonomy Of The Judiciary Is An Integral Part If We Want A Different Outcome From Our Judicial System": CJI NV Ramana

"If we want a different outcome from the judicial system, we cannot continue to work in these circumstances. An integral aspect, in this regard, is the financial autonomy of the judiciary. I have, therefore, sent a proposal for the establishment of the National Judicial Infrastructure Authority to the Ministry of Law and Justice, and I am hoping for a positive response soon. I urge the...

'Mullaperiyar Dam Shows Significant Structural Flaws' : International Body's Report Cited In Supreme Court

The attention of the Supreme Court has been drawn to report prepared an international body, "United Nations University-Institute for Water, Environment and Health", raising alarm about the situation of the Mullaperiyar dam in Kerala.UNU-INWEH is one of the United Nations University (UNU) institutes, an academic arm of the UN. Replying on that report, the petitioners have sought for...

Can Consultant Doctor Be Discriminated Against Employee Doctor In Insolvency Process Of Hospital? SC To Examine

The Supreme Court has issued notice on a petition which raises the issue of whether a consultant doctor can be discriminated against an employee doctor at the time of the Corporate Insolvency Resolution Process of a hospital.The case arises out of the insolvency resolution proceedings of PVS Memorial Hospital Pvt Ltd situated at Kochi. The civil appeal was filed against an order of the...

Supreme Court Monthly Digest: August 2021 [Citation LL 2021 SC 336 To LL 2021 SC 408]

1. Possible Apprehension Of Breach Of 'Law And Order ' Cannot Be A Ground For Preventive Detention[Case: Banka Sneha Sheela v. State of Telangana; Citation: LL 2021 SC 336]A Bench comprising Justice RF Nariman and Justice Hrishikesh Roy observed that a possible apprehension of breach of law and order cannot be a ground to detain a person under Preventive Detention Laws. It opined that...

Kerala Govt Moves Supreme Court Against HC Order Quashing Minority Scholarship Distribution To Muslims & Christians In 80:20 Ratio

Challenging the Kerala High Court's order which quashed the government scheme to provide minority scholarship to Muslims and Christians in 80:20 ratio, the State of Kerala has filed a Special Leave Petition in the Supreme Court.On May 28, a division bench of the Kerala High Court had set aside the 80:20 minority scholarship scheme, observing that the state has to treat both the...

"We Are A Team, Looking For A Harmonious Relationship Between Judiciary, Executive & Legislature": Law Minister Kiren Rijiju

"I am looking for a harmonious relationship between the judiciary, executive and the legislature. We all are working for our nation. We are a team. We are just different organs of our system, our state", Kiren Rijiju, Union Law Minister, said on Saturday. "We know we have a responsibility in the government of India to ensure that the judiciary is not only given full support but also give...