Breaking: Limitation Act Applicable To Applications Filed Under Sections 7 and 9 Of Insolvency and Bankruptcy Code From The Inception Of The Code: SC [Read Judgment]

In a significant Judgment the Supreme Court on Thursday held that the Limitation Act is applicable to applications filed under Sections 7 and 9 of Insolvency and Bankruptcy Code From the inception of the Code.The two Judge Bench of Justices RF Nariman and Navin Sinha was examining the question 'whether the Limitation Act, 1963 will apply to applications that are made under Section 7...

CBI Needs To Take Prior Sanction For Investigation Only From The State Govt. Where Case Is Registered Not From All States Where It Conducts Investigation : Delhi HC [Read Judgment]

The Delhi High Court on Monday ruled that the Central Bureau of Investigation (CBI) need not seek the State’s consent for investigation under Delhi Special Police Establishment Act, 1946 (DSPE Act), except when the case is registered in such State.The Bench comprising Justice S. Muralidhar and Justice Vinod Goel explained, “Provisions of the DSPE Act is to facilitate the CBI in carrying...

SC Agrees To Consider Challenge Against WB Government's Funding Of Durga Puja

The Supreme Court has agreed to consider the petition challenging the Calcutta High Court judgment which refused to interfere with the West Bengal Government's decision to provide funding for Durga Puja celebrations.Mentioning the matter before the bench headed by CJI Ranjan Gogoi, the counsel for the petitioners submitted that there is no guideline for spending of Rs. 28 crores earmarked by...

Breaking: Allahabad HC Full Bench Upholds Constitutional Validity Of Appeal Provision Under SC/ST Amendment Act; Strikes Down 180 Day Bar [Read Judgment]

Full Court of the Allahabad High Court on Wednesday upheld the constitutional validity of Section 14A (2) of the Scheduled Castes/Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015, which makes provision for an appeal from an order granting or refusing bail, even though such order is an interlocutory order, notwithstanding anything contained in sub­section (3) of Section...

SC Issues Notice On Part Of U’khand HC Order Quashing State’s Nazul Policy [Read Order]

The Supreme Court has issued a notice to the Uttarakhand government and others on an appeal against a part of the Uttarakhand High Court order by which it had struck down the particular clause of government’s Nazul policy which allowed conversion of Nazul land in illegal occupation to freehold.The notice issued by the apex court bench of Justice Madan B Lokur and Justice Deepak Gupta is...

SC Orders Assessment Of "Live Transcription" For Recording Of Evidence [Read Order]

In a significant step, the Supreme Court bench of Chief Justice Ranjan Gogoi, Justice S. K. Kaul and Justice K. M. Joseph on Wednesday ordered that an assessment of “Live transcription” technology be made for recording of evidence.After the Bench was informed that the Delhi High Court (Original Side) Rules have been approved by the full court and that they shall come into effect from...

SC Orders Sealing Of Nine Properties Of Amrapali Where Documents Sought By Forensic Authorities Are Kept [Read Order]

The Supreme Court directed the police to seal nine properties of real estate group Amrapali where the documents required by forensic authorities are reportedly kept.The bench comprising Justice Uday Umesh Lalit and Justice Dhananjaya Y Chandrachud issued this directive as the counsel for these directors (Anil Kumar Sharma, Shiv Priya and Ajay Kumar) agreed to give an undertaking before the...

Statement Of Injured Recorded Under Section 161 CrPC Can Be Treated As Dying Declaration After His Death: SC Reiterates [Read Judgment]

A two Judge Bench of the Supreme Court on Wednesday re-iterated that the statement of an injured recorded under Section 161 of Code of Criminal Procedure can be treated as dying declaration admissible under Section 32 of the Indian Evidence Act.Bench of Justices AK Sikri and Ashok Bhushan was hearing an appeal against judgment of Orissa High Court dated 25.01.2017. The Orissa High Court vide...

ASG Tushar Mehta Appointed As Solicitor General Of India

Additional Solicitor General of India Senior Advocate Tushar Mehta has been appointed as the new Solicitor General Of India.The Appointment Committee Of Cabinet has approved the appointment of Tushar Mehta as Solicitor General of India with effect from the date of assumption of charge of the office for a period till June 30, 2020, or until further orders.The post has been vacant for the last...

No Policeman Should Enter Puri Jagannath Temple With Weapons, Shoes: SC

The Supreme Court on Wednesday took note of the October 3 violence at Puri's Jagannath temple during a protest against the introduction of a queue system for devotees and said no policeman should enter the temple with weapons and shoes.A bench comprising Justices Madan B Lokur and Deepak Gupta was informed by the Odisha government that 47 persons were arrested in connection with the violence...

Breaking: SC Asks AG To Submit The Details Of Decision Making Process In Rafale Deal

The Supreme Court bench of Chief Justice Ranjan Gogoi, Justice S. K. Kaul and Justice K. M. Joseph on Wednesday expressed its wish to be apprised by the government of India of the steps in the decision making process followed in the controversial procurement of the 36 Rafale fighter jets from France.The bench, however, clarified that the details so sought would not cover the pricing or...

Sec.14(3)(c) Specific Relief Act Does Not Bar Developer From Seeking Specific Performance Of Development Agreement : SC [Read Judgment]

Giving a purposive interpretation to Section 14(3)(c) of the Specific Relief Act 1963,the Supreme Court has held that the said section does not bar a developer from seeking specific performance of development agreement against the owner of the property.This was laid down by the bench of Justice A M Khanwilkar and Justice D Y Chandrachud in Sushil Kumar Agarwal vs Meenakshi Sadhu and...