Supreme court
"The State Has To Protect People Exercising Free Speech From Groups Threatening Them For Their Views": Justice Ravindra Bhat
"The promise of free speech or free association would be of little use if a segment of the population threatens the free enjoyment of rights by others; rights would only be academic then. The State must act actively engage in the promotion of fundamental rights, in upholding the freedom of thought, expression, and of legitimate speech which can be contrary to the dominant discourse,...
Supreme Court Weekly Round Up, September 20 To September 26, 2021
JUDGMENTS THIS WEEK1. Section 138 NI Act - If Signature On Cheque Is Admitted, Presumption Under Section 139 Will Be Raised : Supreme CourtCase name: Triyambak S. Hegde vs. SripadCitation: LL 2021 SC 492The Supreme Court has observed that if the signature on the cheque is admitted, then presumption under Section 139 of the Negotiable Instruments Act that the cheque was issued in discharge of...
ID Act - Burden Is On Employee To Prove He Was Not Gainfully Employed After Dismissal : Supreme Court
The Supreme Court on September 24 observed that whether an employee has been able to discharge the burden that he was not gainfully employed after order of compulsory requirement or not is an issue which is to be decided in the facts of each case taking into consideration the entire material on record(National Gandhi Museum v.Sudhir Sharma and others). The Court was dealing with a...
Women Should Demand 50% Reservation In The Judiciary, Not As Charity But As A Matter Of Right: CJI Ramana
Drawing from the ideas of Karl Marx, Chief Justice N.V. Ramana remarked that women of the world must unite because they have nothing to lose but their chains. He observed that women must 'shout with anger and demand 50% reservation', not as charity but as a matter of right. Acknowledging thousands of years of suppression of women, he expressed that it is high time we must realize and reach...
Judges Don't Have Problem With Physical Hearing Of Cases & Post-Dussehra We Can Resume It: CJI NV Ramana
While speaking at the Felicitation Function organized in honor of Chief Justice and other Judges of Supreme Court organized by Lady Advocates of Supreme Court, the Chief Justice Of India NC Ramana said that the Judges don't have any problem with the opening of the courts and expressed hope that post-Dussehra, the physical hearing of courts would resume. "I have no issue, even during the...
Upper Limits For Medical Termination Of Pregnancy Extended To 24 Weeks: MTP Act Amendment Comes Into Force
The Medical Termination of Pregnancy (Amendment) Act, 2021, has come into force with effect from 24th September 2021.The amendment inter alia modifies Section 3 of the Medical Termination of Pregnancy Act to extend the upper limit for medical termination of pregnancy to 24 weeks, from the present stipulation of 20 weeks, for certain categories of women which will be defined in the MTP...
Retirement Will Not Terminate Mandate Of Dept Officer Appointed As Sole Arbitrator : Supreme Court Restores 1998 Award
Deciding an appeal arising out of the Arbitration Act 1940, the Supreme Court has held that a department officer, who was appointed as the arbitrator, can continue to preside over the arbitration proceedings even after his retirement.A bench comprising Justices MR Shah and AS Bopanna was considering the question "whether once an officer of the department is appointed as an Arbitrator...
'Nobody Can Take Benefit Of Mistake Of Court' : Supreme Court Refuses To Rely On 'Inadvertent' Order Enhancing Compensation
The Supreme Court has observed that a party cannot take benefit of an inadvertent mistake committed by a court while passing an order.A bench comprising Justices MR Shah and AS Bopanna was hearing an appeal seeking enhancement of compensation for lands acquired by the NOIDA authority pursuant to a notification issued in 1976. The appellants had placed reliance on a 2014 judgment of the...
'There Is A New Energy Infused Within The Entire Judicial System Since Chief Justice Ramana Took Over As CJI': Orissa HC Chief Justice Dr.S Muralidhar
"In the five months since CJI NV Ramana took over, there is new energy infused within the entire system- there is renewed energy and enthusiasm among us in the judiciary to put our best foot forward", said CJ S. Muralidhar
Whether PMLA Prevails Over SARFAESI Act? Supreme Court To Hear SBI's Plea On October 20
The Supreme Court will hear on October 20th plea filed by State Bank of India challenging the Punjab and Haryana High Court's decision that Prevention Of Money Laundering Act(PMLA) prevails over the Securitisation and Reconstruction of Financial Assets and Enforcement of Securities Interest Act (SARFAESI Act)A Bench comprising Justice AM Khanwilkar, Justice Dinesh Maheshwari and Justice...