Centre Challenges Delhi HC Judgment Quashing Cadre Allocation Of IAS, IPS Officers: SC Agrees To Hear On May 17

The Supreme Court on Monday agreed to hear on May 17 the Centre's plea challenging the Delhi High Court's verdict which had quashed cadre allocation of IAS and IPS officers of 2018 batch. The matter was mentioned for urgent listing before a bench comprising Justices Indira Banerjee and Sanjiv Khanna. Solicitor General Tushar Mehta told the bench that the high court had asked...

Review/Recall/Modification Of Orders/Judgments Barred In Criminal Matters: SC [Read Order]

"An application for review or modification could not have been entertained."

Supreme Court Weekly Round Up

Statutory Appeal Can Be Filed Even If Application To Set Aside Ex-Parte Decree [ Order IX Rule 13 CPC] Is Dismissed [Bhivchandra Shankar More vs. Balu Gangaram More] The Supreme Court observed that the right of appeal under Section 96(2) CPC is a statutory right and the defendant cannot be deprived of the statutory right of appeal merely on the ground that the application filed by...

Government Authorities Cannot Approach The Court As And When They Please: SC Pulls Up Bihar Govt. Over Delay [Read Order]

“We are of the view that a clear signal has to sent to the Government Authorities that they cannot approach the Court as and when they please, on account of gross incompetence of their officers and that too without taking any action against the concerned officers.”

Notable Judgments On Insolvency And Bankruptcy Code, 2016 Part- 2

WHETHER A WINDING UP PETITION CAN BE FILED BY THE SECURED CREDITOR AGAINST A BORROWER EVEN AFTER OBTAINING DECREE FROM THE DEBTS RECOVERY TRIBUNAL? [Swaraj Infrastructure Pvt. Ltd. v. Kotak Mahindra Bank Ltd. (Civil Appeal No. 1291 of 2019 Decided on 29.01.2019)] The Hon'ble Supreme Court maintained the exclusivity of Recovery of Debt and Bankruptcy Act (RDB Act) for...

Detenues Who Have Completed More Than Three Years in Assam Detention Centers Should Be Released: SC [Read Order]

While allowing State of Assam further time to indicate the progress made on the diplomatic level as for the larger issue of deportation of "declared foreigners" and setting up of Additional Foreigners' Tribunals in the state of Assam is concerned, the Supreme Court came to rescue of those who have spent long period of detention in the Assam detention centers' and are...

Supreme Court Monthly Digest- April 2019

One Sided Clauses In Builder-Buyer Agreements Is An Unfair Trade Practice Pioneer Urban Land & Infrastructure Ltd. V. Govindan Raghavan The Supreme Court held that the incorporation of one-sided clauses in a builder-buyer agreement constitutes an unfair trade practice as per Section 2 (r) of the Consumer Protection Act, 1986. The bench comprising Justice UU Lalit and Justice...

SC Vacates Stay On SSC Exam Results; Constitutes Committee To Ascertain Leakage, Beneficiaries [Read Order]

Committee to also look at ways to make future exams fail-safe.

Borrower Has No Right To Be Represented By Lawyer Before In-House Committee Probing 'Wilful Default': SC [Read Judgment]

"The First Committee must give its order to the borrower as soon as it is made. The borrower can then represent against such order within a period of 15 days to the Review Committee"

Rafale Review: How Did The Govt Know In Nov 2018 The Details Of CAG Report Submitted In Feb 2019? Prashant Bhushan

Review Petitioners' Arguments seeking review of Rafale JudgmentPrashant Bhushan"Your Lordships' judgment (of December 2018 of which review is sought) proceeds on the basis as if all of us were seeking cancellation of the (Rafale) contract. We wanted an investigation on the basis of our complaint to the CBI which is governed by the Constitution bench judgment in Lalitha Kumari- FIR has to...

AG Had Suggested Panel Of Three Retired Judges To Probe Sexual Harassment Allegations Against CJI

The in-house panel comprising sitting judges was constituted ignoring the suggestion made by the Attorney General of India K K Venugopal that the sexual harassment allegations against the Chief Justice of India should be probed by a panel of three retired judges, with one among them being a woman.This suggestion was made by him in a letter written to the CJI and next four senior judges a...

Rafale: Why Lalita Kumari Judgment Not Applicable In This Case? Asks Justice KM Joseph [Courtroom Exchange-AG's Arguments]

"You are going into it as if it is a contract to lay down a road or a bridge. It is a defence contract. There are many other things involved. If you ask whether you have the jurisdiction (to go into said records), I would say no. If you still ask me to produce them, I will. You are being taken in by these incomplete leaks. They (the media) should never have placed their hands on these (notings). They have stolen documents and I have proved this by Your Lordships' judgment", AG Submitted