Supreme Court Stays Demolition Of Dargah Mubarak Khan Saheed, Gorakhpur; Issues Notice To UP Govt

The Supreme Court on Monday ordered stay on any further demolition of any structure at Dargah Mubarak Khan Shaheed at Gorakhpur, Uttar Pradesh. The Court has restrained the demolition till disposal of the proceedings pending under the Uttar Pradesh Public Premises (Eviction of Unauthorised Occupants) Act, 1972. A division Bench of Justice Navin Sinha and Justice Krishna Murari...

SC Allows Application To Implead States in PIL Seeking Protection Of Migrant Children's Fundamental Rights In Wake Of Covid19

Supreme Court has on Monday allowed to implead the States in the PIL filed by Child Rights Trust seeking directions for protection of the fundamental rights of migrant children and children of migrant families in the wake of COVID-I9. An application to implead the States was moved by the petitioner trust.A three-judge Bench of CJI Bobde, Justice Bopanna and Justice Ramasubramanian issued...

BREAKING : Supreme Court Ends Extension Of Limitation; Period From 15.03.2020 To 14.03.2021 Excluded From Limitation Period

A grace period has been given from 15.03.2021 for filing of cases without limitation.

Sole Proprietorship Will Fall Under International Commercial Arbitration If Proprietor Is Foreign Resident : Supreme Court

The Supreme Court has held that a sole proprietorship will fall under international commercial arbitration if the proprietor is a habitual resident of a foreign country, notwithstanding the fact that the proprietary concern is carrying out business in India.Holding this, a bench comprising Justices RF Nariman and BR Gavai set aside an order of the Delhi High Court appointing an arbitrator in...

NCLT Has Jurisdiction To Adjudicate Contractual Disputes Which Arise Solely From Or Which Relate To Corporate Debtor's Insolvency: Supreme Court

The Supreme Court observed that the National Company Law Tribunal has jurisdiction to adjudicate contractual disputes, which arise solely from or which relate to the insolvency of the Corporate Debtor.However, for adjudication of disputes that arise dehors the insolvency of the Corporate Debtor, the RP must approach the relevant competent authority, the bench comprising Justices DY...

Maratha Reservation: Supreme Court Issues Notice To All States, Will Consider Whether Mandal Commission Judgment To Be Re-looked

Noting the submission of the Maharashtra government that the principle question that has arisen is the interpretation of the 102nd Constitutional Amendment and that it will impact the legislative competence of all States, the Supreme court on Monday issued notice to all the states in the Maratha reservation matter, adjourning the hearing to March 15.A five-judge bench headed by Justice...

'Issued Unilaterally': SCBA Moves Supreme Court Against SOP For Resumption Of Hybrid Physical Hearings

The Supreme Court Bar Association (SCBA) has filed a writ petition before the Top Court seeking quashing of the Standard Operating Procedure issued by the SC Registry last week for enabling 'Hybrid Physical Hearing' from March 15 onwards. The plea filed though Advocate Rahul Kaushik stated that the impugned SOP dated March 5 has been issued by the Registry without consultation with...

'Will You Marry Rape Victim?' Remarks Misreported; Court Has Highest Respect For Womanhood : CJI Bobde

Reacting to the last week's controversy over the oral observations during the bail hearing in a rape case, the Chief Justice of India SA Bobde on Monday said that the remarks were "completely misreported"."This court has always have given the largest respect to women", the CJI said today."Even in that hearing, we never gave a suggestion that you should marry. We had asked, are you going...

Anticipatory Bail Once Granted Does Not Automatically End With Filing Of Chargesheet, Reiterates Supreme Court

The Supreme Court reiterated that the anticipatory bail once granted does not automatically end on the filing of the charge­sheet.In this case, the Allahabad High Court, on an application made by the complainant­ held that the anticipatory bail granted to the accused by the Trial Court came to an end with the filing of a charge­sheet, and directed him to surrender and apply for...

Time Is A Crucial Facet Of Scheme Under IBC; Resolution Applicant Must Be Fair In Its Dealings: Supreme Court

Time is a crucial facet of the scheme under the IBC, the Supreme Court said while dismissing the appeal filed by a Resolution applicant.In this case, the National Company Law Tribunal [NCLT] allowed the liquidation of the Corporate Debtor to proceed. Upholding this order, the National Company Law Appellate Tribunal [ NCLAT] observed that the applicant had failed to implement the Resolution...

Reservation Category Candidates Who Make It On Their Own Merit Have To Be Adjusted Against General Category : SC Reiterates

The Supreme Court has reiterated that reservation category candidates, who score more than the cut-off marks for the general category candidates, have to be adjusted against general category based on their meirt and not reserved category."The principle that such of the reservation category candidates who make it on their own merit have to be adjusted against the general ...

Supreme Court Weekly Round Up [March 1 to March 7 2021]

JUDGMENTS THIS WEEK1. No Allegation That Promise To Marry Was False At The Inception: Supreme Court Quashes Rape CaseCase: Sonu @ Subhash Kumar vs. State of Uttar Pradesh [Criminal Appeal No 233 of 2021] Citation: LL 2021 SC 137 A Division Bench comprising of Justices DY Chandrachud and MR Shah quashed an FIR alleging rape observing that there is no allegation to the effect that the promise...