Supreme court
"Suit is Withdrawn, All Questions Of Law Shall Remain Open": Supreme Court Disposes Ex SCBA Secy. Ashok Arora's Plea Against His Suspension
The Supreme Court on Tuesday disposed off SCBA's erstwhile Secretary Ashok Arora's plea against his suspension as having become infructuous, while observing that "all questions of law shall remain open".With feuding leaders of the Supreme Court Bar Association consenting for a settlement, the Delhi High Court had on Friday closed a suit filed by Arora challenging the decision of the SCBA...
Siddique Kappan Not A Journalist, He Has Links With SIMI And PFI: UP Government Submits Before Supreme Court
The UP Government has told the Supreme Court that independent journalist Sidhique Kappan should not be granted relief as he has links with banned Students Islamic Movement of India (SIMI) and was heading towards Hathras on the instructions of Delhi Riots accused, Md. Danish. The Affidavit filed by the UP Government in a habeas corpus petition moved by Kerala Union of Working...
Justice DY Chandrachud Recuses From Hearing A Case On The Ground That Advocate Happened To Be A Relative
Justice D. Y. Chandrachud on Friday recused from a matter on the ground that the advocate appearing happened to be a relative.An appeal under section 130 E of Customs Act, 1962 had come up on the docket before a bench of Justices D. Y. Chandrachud and M. R. Shah."You should not take up briefs which are before me. Let it go to some other bench", said Justice Chandrachud.It may noted that...
Disputes Which Are To Be Adjudicated By DRTs Are Not Arbitrable: Supreme Court Overrules 2012 Delhi HC Judgment
Overruling a Full Bench decision of Delhi High Court, the Supreme Court has observed that the disputes which are to be adjudicated by the Debt Recovery Tribunal [DRT] under the DRT Act are non-arbitrable.To hold that the claims of banks and financial institutions covered under the DRT Act are arbitrable would deprive and deny these institutions of the specific rights including the modes...
Landlord-Tenant Disputes Under Transfer Of Property Act Arbitrable Except When Covered By Rent Control Laws : Supreme Court
The judgment on arbitration law decides several issues such as tests for arbitrability, who determines arbitrability, scope of enquiry under Sections 8/11, meaning of 'existence of arbitration agreement' etc.
Challenge To Conferment Of ST Status To Gowari Community By Bombay High Court: Centre Says Only Parliament can Amend Presidential Order U/A 342
"Any addition or deletion from the Constitution (Scheduled Tribes) Order, 1950 is the sole prerogative of the Parliament and the executive or the judiciary have no say in it", the Centre told the Supreme Court on Monday.The bench headed by Justice Ashok Bhushan was hearing a string of SLPs, including one by the Centre itself, arising out of the August, 2018 decision of the Bombay High...
Separate By-polls Permissible For Rajya Sabha Vacancies Which Arose On Different Dates : Jaishankar Defends His Election In Supreme Court
The External Affairs Minister of India, Dr. S. Jaishankar has defended his election to the Rajya Sabha last year before the Supreme Court.In his counter-affidavit, Jaishankar has stated that there exists no provision either in the Constitution or the Representation of Peoples Act prescribing election to vacant Rajya Sabha seats via single by-election.The affidavit has come on record in the...
Tata Sons v Cyrus Mistry : CJI Bobde Says His Son Appeared For SPG Subsidiary; Lawyers Express No Objection To CJI Hearing
The lawyers appearing in the case between Tata Sons Private Ltd and Cyrus Mistry in the Supreme Court expressed that they have no objection to the Chief Justice of India hearing the case merely because his son is appearing for a subsidiary of Shapoorji Pallonji Group in a case in Mumbai.When the arguments started on the fourth day of the case hearing, CJI SA Bobde told the lawyers :"I...
Plea In Supreme Court Against Automatic Granting Of Custody Of Male Child To Father In Dawoodi Bora Community
A writ petition has been filed before the Supreme Court challenging the constitutional validity of a custom followed by the Dawoodi Bora community among Muslims, according to which the custody of a male child above the age of 7 automatically goes to the father. The petition has been filed by a Mumbai-resident, Fatema Quaid Zohar Challawala, stating that the said custom is violative...
Closure Report Cannot Be Filed Merely Because Informant Did Not Supply Adequate Materials To Investigate: Supreme Court
The Supreme Court has observed that a closure report cannot be filed merely on the ground that the investigation was not possible as the informant had not supplied adequate materials to investigate.A fair investigation is a necessary concomitant of Articles 14 and 21 of the Constitution of India, said the bench headed by Justice RF Nariman, while setting aside closure reports against...
Andhra Pradesh High Court Refuses To Recall Order To Examine 'Constitutional Breakdown' Of State Machinery; Govt To Move Supreme Court
The Advocate General of Andhra Pradesh, Subrahmanyam Sriram, said on Monday that the State will move the Supreme Court against the October 1 order of the High Court seeking to examine whether there is a "constitutional breakdown of machinery" in the State. The development comes after a Division bench led by Justice Rakesh Kumar rejected an application filed by the State...