Supreme court
Right To Apply For Bail Is An Individual Right Implicit In Articles 14, 19 & 21 : Supreme Court
Disapproving the blanket orders passed by a single judge of the Rajasthan High Court to not list applications for bail and suspension of sentence as urgent matters during the lockdown, the Supreme Court has observed that the right to apply for bail is an individual right implicit in Articles 14, 19 and 21 of the Constitution.The Court has observed that such blanket bans would suspend...
Kisan Mahapanchayat Approaches Supreme Court Seeking Permission To Stage Satyagraha At Jantar Mantar
Farmers group "Kisan Mahapanchayat" has approached Supreme Court seeking issuance of directions to the the authorities under the Central Government, Lieutenant Governor and Commissioner Delhi Police ("Respondents") to allow the Mahapanchayat to stage Satyagraha at Jantar Mantar as permitted to Sanyukt Kisan Morcha farmers. The Kisan Mahapanchayat is a body...
Financial Creditor Has To Prove That Application Filed U/s 7 IBC Is Not Barred By Limitation; But Materials Produced By Corporate Debtor Can Be Examined: Supreme Court
The Supreme Court observed that adjudicating authority can examine the material placed on record by the corporate debtor to determine whether an application filed by financial creditor is not beyond the period of limitation.The court clarified that the burden of prima facie proving occurrence of the default and that the application filed under Section 7 of the Insolvency and Bankruptcy Code...
'The Offence of Sexual Assault Under S.7 of POCSO Requires Skin-To-Skin Contact': Argues Senior Advocate Siddharth Luthra For The Accused
The Supreme Court Bench of Justices U.U.Lalit, Ravindra Bhat and Bela Trivedi has on Thursday continued the hearing in SLP filed by ASG K.K.Venugopal against the acquittal of an accused in terms of Bombay High Court judgment which held that skin to skin contact is necessary to constitute sexual assault under S.8 of the POCSO Act. The Bench had earlier on Wednesday heard arguments...
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...