Supreme court
NEET-SS 2021 : Plea In Supreme Court Challenges Criteria Which Allows Candidates From Any Discipline To Apply For DM(Medical Genetics)
A writ petition has been filed before the Supreme Court challenging the eligibility criteria to the course of Doctorate of Medicine ("DM") Medical Genetics prescribed in the Schedule to PG Medical Education Regulations 2000 since it allows post graduates from every medical discipline to apply for the course of DM Medical Genetics and Doctorate of National Board (DrNB)...
Power Of Attorney Having Authorisation Of Financial Creditor Can File Application U/s 7 IBC : Supreme Court
The Supreme Court observed that the power of attorney holder of a financial creditor who has been given authorisation can file an application under Section 7 of Insolvency and Bankruptcy Code on behalf of it.In this case, one Praveen Kumar Gupta was given general authorisation by the Bank (financial creditor) with respect to all the business and affairs of the Bank, including commencement...
Labour Courts Cannot Overturn Management's Decision On Mere Hypothesis : Supreme Court
The Supreme Court observed that the Labour Court cannot overturn the decision of the management on "ipse dixit" and its decision should not be based on mere hypothesis. Observing that the Labour Court converted itself into a "Court of Appeal", the Supreme Court set aside the Labour Court's decision which overturned the management's decision to terminate the services of an employee.A...
Insurance Claim Can Be Rejected If Vehicle Was Used Without Valid Registration: Supreme Court
The Supreme Court observed that an insurance claim can be rejected if a vehicle is used/driven without a valid registration, since that would constitute a fundamental breach of the terms and conditions of the contract of insurance.The bench of Justices Uday Umesh Lalit, S. Ravindra Bhat and Bela M. Trivedi observed that when an insurable incident that potentially results in liability...
NEET-UG : Supreme Court Permits OCI Candidates To Appear For Counselling In General Category For 2021-22; Says 'They Are Indian Origin; Not Outsiders'
The Supreme Court on Thursday passed an interim order allowing Overseas Citizens of India(OCI) candidates to participate for the NEET-UG counselling in the general category for the year 2021-22.The Court passed the interim order in a writ petition filed by OCI candidates challenging a notification issued by the Ministry of Home Affairs to treat them at par with Non-Resident Indians(NRIs)...
'How Can Highways Be Blocked Perpetually? Redressal Can Be Through Judicial Forum Or Parliamentary Debates' : Supreme Court On Farmers Protests
The Supreme Court on Thursday made certain oral remarks disapproving the road blockade in Delhi-NCR region as part of the protests carried out by the farmers against the three controversial farm laws passed last year.While hearing a PIL filed by a Noida-resident Monicca Agarwal complaining of delays in daily commute caused due to the road-blockade, a bench led by Justice Sanjay Kishan...
Supreme Court Grants 3 Weeks Time To Adani Power To File Reply In GUVL's Curative Petition; Hearing On Nov 17
A 5-judge bench of the Supreme Court on Thursday granted three weeks time to Adani Power Limited to file reply to the the curative petition filed by Gujarat Urja Vikas Ltd(GUVL).The GUVL has filed the curative petition against a 3-judge bench verdict of 2019 which upheld Adani Power's termination of the Power Purchase Agreement with it.Attorney General for India KK Venugopal appeared for GUVL...
Supreme Court Holds Builder Liable To Compensate Residents Welfare Association For Not Providing Promised Amenities
The Supreme Court has directed a builder to pay a compensation of Rupees 60 lakhs to a Residents Welfare Association(RWA) for not fulfilling its promises regarding provision of amenities and facilities.The Court held the builder "Padmini Infrastructure Developers Ltd" liable to compensate Royale Garden RWA of Noida for not building a water softening plant, a second health club & a...
Irrigation Department Of State Not An 'Industrial Establishment' Under Section 25L Of ID Act : Supreme Court
Observing that the Irrigation Department of the State of Madhya Pradesh is not an "Industrial Establishment" under Section 25L of the Industrial Disputes Act, the Supreme Court has held that to decide as to whether a Department is an Industrial Establishment or not, the test would be to consider the predominant functions and activities of the said Department. "Even assuming that...
Order IX Rule 13 CPC : Supreme Court Holds Defendant Who Refused Summons Not Entitled To Seek Setting Aside Of Ex-Parte Decree
The Supreme Court has set aside a judgment of the High Court, which had allowed the setting aside of an ex-parte decree under Order IX Rule 13 of the Code of Civil Procedure.In this case, the defendant had refused to accept the summons issued in the suit. After the suit was decreed ex-parte, execution proceedings were initiated. The defendant duly acknowledged the receipt of auction notice...
'We Cannot Allow People To Suffer And Die. There Are Children, People Suffering From Asthma' : Supreme Court To Firecracker Manufacturers
The Supreme Court on Wednesday admonished top six firecracker manufacturers in the country for the use of barium salts in fireworks in 'flagrant violation' of the Court's earlier orders. The Court was hearing an application alleging violation of the order dated February 10, 2017 banning the use of certain chemicals that were dangerous & beyond safety limits in the fireworks by...