SC Seeks Status Regarding Setting Up Of Special Courts To Try Politicians

Bench’s Queries How many special courts have been set up to exclusively deal with cases involving legislators after our order?   What is the number of cases pending before each of these special courts, along with the break-up of magisterial and sessions triable cases there. Do you intend to set up additional special courts over and above the courts already set up.Eight months after...

Right To Retire Can’t Be Superior To Right To Life, SC Upholds UP Govt Decision Denying Voluntary Retirement To Doctors [Read Judgment]

‘In case all the doctors are permitted to retire, in that situation, there would be a chaos and no doctor would be left in the Government hospitals, which would be against the concept of the welfare state and injurious to public interest.’The Supreme Court has held that denial of voluntary retirement is permissible under the rules applicable in the State of Uttar Pradesh when services...

Retirement Age Of CESTAT Members Is 62 Years: SC Clarifies [Read Order]

The Supreme Court on Tuesday clarified that members of Customs, Excise and Service Tax Appellate Tribunal (CESTAT) can continue to hold office until the age of 62 years.The order was issued by a Bench comprising Chief Justice of India Dipak Misra, Justice AM Khanwilkar and Justice DY Chandrachud while disposing of an Intervention and Clarification Application filed by Rajesh...

Delhi HC Issues Notice On Prof. Shamnad Basheer’s Petition Seeking Exemplary Damages For Aadhaar Data Leak [Read Petition]

The Delhi High Court on Tuesday issued notice on a petition filed by IP Academic Prof. Shamnad Basheer alleging a violation of the fundamental right to privacy as guaranteed under Article 21 of the Constitution and as affirmed in Justice KS Puttaswamy v Union of India due to Aadhaar data breaches.The notice was issued by a Bench comprising Justice Ravindra Bhat and Justice Anu...

‘NOTA’ Option In Rajya Sabha Elections Will Undermine Purity Of Democracy & Serve As “Satan Of Defection & Corruption”: SC [Read Judgment]

The Supreme Court on Tuesday held that NOTA (none of the above) option cannot be allowed in Rajya Sabha elections, opining that while the option may serve as an “elixir” in direct elections, it would “not only undermine the purity of democracy but also serve the Satan of defection and corruption” if allowed in elections to the Council of States.The Bench comprising Chief Justice...

NOTA Option Can't Be Used In Rajya Sabha Elections: Supreme Court [Read Judgment]

Supreme Court of India on Tuesday held that NOTA (none of the above) option cannot be allowed in Rajya Sabha Elections."The option of NOTA may serve as an elixir in direct elections but in respect of the election to the Council of States which is a different one as discussed above, it would not only undermine the purity of democracy but also serve the Satan of defection and corruption.",...

SC Notice To UP Govt On Petition Against Denial Of Sanction To Prosecute Yogi Adityanath In 2007 Hate Speech Case

The Supreme Court on Monday sought to know from the Uttar Pradesh government its response to an appeal against the Allahabad High Court order dismissing a petition seeking probe by an independent agency and refusal of sanction to prosecute Chief Minister Yogi Adityanath in a case of hate speech dating way back to the year 2007.A bench of Chief Justice Dipak Misra, Justice AM Khanwilkar...

Is It True That Her Parents, Husband, Brothers Are Citizens Of India: SC Asks State In Plea Filed By ‘Illegal Migrant’ Woman Set To Be Deported [Read Order]

While considering plea of a woman who is to be deported having being found that she is an ‘illegal migrant’, the Supreme Court has posed three questions to the Assam state government: Is it true that five brothers of the petitioner are citizens of India? Is it true that the husband of the petitioner is a citizen of India? Is it true that father and mother of the petitioner are citizens...

Female Genital Mutilation (FGM): Even Sati Was Abolished By An Act Of Parliament,Not At The Behest Of Judiciary: Dr. AM Singhvi

On Monday, the hearing on the challenge to the alleged practise of Female Genital Mutilation (FGM) as followed by the Dawoodi Bohra Community in India witnessed engaging exchanges between the bench headed by Chief Justice Dipak Misra and Senior Counsel Abhishek Manu Singhvi, who is appearing for the community.The stand of the senior counsel is that the community follows Female...

Insolvency Process Can't Be Admitted During Pendency Of Proceedings Challenging Arbitral Award: SC [Read Judgment]

'We repeat that the object of the Code, at least insofar as operational creditors are concerned, is to put the insolvency process against a corporate debtor only in clear cases where a real dispute between the parties as to the debt owed does not exist.'The Supreme Court has held that an insolvency process cannot be put into operation when there is a pending proceeding challenging against...

Oral Evidence In Application To Set Aside Arbitral Award Shouldn’t Be Allowed Unless Absolutely Necessary: SC [Read Judgment]

‘However, if there are matters not contained in such record, and are relevant to the determination of issues arising under Section 34(2)(a), they may be brought to the notice of the Court by way of affidavits filed by both parties.’The Supreme Court has held that an application for setting aside an arbitral award will not ordinarily require anything beyond the record that was before...

Supreme Court Weekly Round-Up

Accused Entitled To Acquittal If Informant And Investigating Officer Is The Same PersonIn a significant pronouncement, a three-judge bench of the Supreme Court categorically held that the informant and the investigator in NDPS cases must not be the same person.Insolvency And Bankruptcy Code: Section 14 Moratorium Would Not Apply To A Personal Guarantor Of A Corporate DebtorThe Supreme Court...