HC May Decline To Entertain A Writ Petition Which Raises Complex Questions Of Facts: SC [Read Judgment]

The High Court may decline to entertain a writ petition when it raises complex questions of facts, the Supreme Court has reiterated. In this case,one Atmanand Singh had filed a writ petition before the High Court praying for direction to Punjab National Bank to pay his lawful admitted claims in terms of agreement and also to deposit the income-tax papers with immediate effect. The bank...

SCBA Secretary Calls For Removal Of Dushyant Dave As President Over Resolution Condemning Justice Arun Mishra's Praise For PM Modi

The equations within the Supreme Court Bar Association are getting tense after Ashok Arora, SCBA Secretary, called for an "extraordinary meeting" to remove Senior Advocate Dushyant Dave from the post of SCBA President, and also from the primary membership of the Association. Invoking Rule 22 of the SCBA Rules, Arora called for a meeting on May 11 to discuss the following :To condemn...

[Breaking] Vizag Gas Leak : NHRC Takes Suo Moto Cognizance; Issues Notice To Centre & AP Govt

The National Human Rights Commission has taken suo motu cognizance of media reports about the death of eight persons and over five thousand others falling sick due to leakage of styrene gas in Vizag District of the State of Andhra Pradesh early morning today. The leakage of the gas has reportedly affected people within a radius of about 3 kilometers. Many people could be seen lying on roads...

'Subsidise Wages By Utilising Funds Under ESI Act': Plea In SC Challenges Notifications For Full Payment To Workers/Employees

The Supreme Court has been moved in a plea challenging, as being violative of Articles 14 and 19(1)(g) as well as the Disaster Management Act 2005, government notifications requiring payment of full wages/salaries to the workers/employees, during the COVID-19 lockdown, and restraining the employer from laying off/terminating/retrenching any employee.The petition by the Kerala State...

Plea In SC Seeks Formulation Of NALSA COVID Relief Scheme To Help People Affected By COVID-19

In furtherance of "collaborative effort" to attain "Social Justice Litigation" during the ongoing Covid crisis, a plea in the Supreme Court has sought the formulation of a new Initiative by the National Legal Aid Services Authority (NALSA) known as NALSA COVID-19 Relief Scheme 2020.The Plea contends,"...direction to formulate a 'new initiate' to NALSA and to actively organise and supervise...

Accused Can Challenge Conviction In Appeal Filed By The State Even If He Did Not Prefer A Formal Appeal: SC [Read Judgment]

The Supreme Court has observed that an accused can challenge the finding and order of conviction in the appeal filed by the State, even though the said accused he had not preferred a formal appeal. The Rajasthan High Court had converted the conviction of one of the accused in a murder case (Mehram) from under Section 302 of the Indian Penal Code into one under Section 326, IPC. The...

Plea In SC Seeks Invocation of Indian Community Welfare Fund For Repatriation Of Economically Weaker Citizens & Migrant Labourers Stranded Abroad

A PIL has been filed in the Supreme Court seeking invocation of the Indian Community Welfare Fund (ICWF) towards repatriation of economically weaker Indians, including migrant workers stranded from Gulf countries.The petition, initiated by Pravasi Legal Cell and filed by Advocate Jose Abraham, has sought assistance from the ICWF in light of the recent Standard Operating Protocols (SOPs) dated...

"The Scales Of Justice Have To Be Weighed In Favour Of The Underprivileged": Full Text Of Justice Deepak Gupta's Farewell Speech

Today I hang up my robes after completing more than four decades in the profession. I have enjoyed every moment in the legal profession both as a lawyer and as a Judge. Therefore, I am a bit sad on ending my formal relationship with the Courts, though I can assure you that in one way or the other I will always remain in touch with my sister and brother Judges, members of the Bar and...

Justice Deepak Gupta, Who Spoke Against Misuse Of Sedition Law And Majoritarianism, Demits Office

Justice Deepak Gupta, who served the Supreme Court as a judge for over three years, had his last working day at the top court on Wednesday.He assumed the office of SC judge on February 15, 2017.The Supreme Court Bar Association gave a "virtual farewell" to Justice Gupta on Wednesday evening on account of the lockdown - a first of the kind event in the SC history where a judge is...

Constitution Is Judges' Holy Book: Justice Deepak Gupta In Farewell Speech

The Constitution is the holy book of the judges, said Justice Deepak Gupta, Supreme Court judge, in his farewell speech on Wednesday."When a Judge sits in court, we have to forget our religious beliefs and decide cases only on the basis of this Constitution which is our Bible, our Gita, our Quran, our Guru Granth Sahib and other texts", Justice Gupta said, waving a copy of the during the...

Order XXIII Rule 3A CPC: Bar To File Separate Suit Challenging Compromise Decree Applies To Stranger Also: SC [Read Judgment]

The Supreme Court has held that the bar under Order 23 Rule 3A CPC to challenge a decree passed on a compromise in a separate suit applies also to the stranger to the proceedings. In this case, the plaintiff had filed a suit alleging that a compromise decree was obtained by the defendants by fraud and misrepresentation concealing the salient fact from the High Court that the sale deed...

SC Extends Limitation Under Arbitration Act & Sec 138 Of Negotiable Instruments Act With Effect From March 15 [Read Order]

The Supreme Court on Wednesday extended the limitation period for statutory provisions under Section 138 of the Negotiable Instruments Act & the Arbitration & Concilliation Act with effect from March 15 until further orders.Taking note of the fact the SC had passed an order on March 23 to extend the limitation for filings in Courts/Tribunals in the wake of COVID-19 situation,...