De-Congest SC Courtrooms, Corridors On A War Footing: AG Venugopal

Referring to the issue, SCBA President Vikas Singh said “We are in active discussion with the registry. From coming Monday we are proposing a system where lawyers go to argue through the aisle to the arguing desk and then go out through either of the two sides. This is to reduce the congestion at least in the aisle caused by lawyers going and coming and the path gets jammed. Singh also...

Insolvency And Bankruptcy Code (IBC) Will Override Provisions Of Other Enactments Inconsistent With It : SC [Read Order]

"Given Section 238 of the Insolvency and Bankruptcy Code, 2016, it is obvious that the Code will override anything inconsistent contained in any other enactment, including the Income Tax Act."Upholding a Delhi High Court judgment which held that moratorium under the Insolvency and Bankruptcy Code (IBC) will apply to the order of Income Tax Appellate Tribunal, the Supreme Court has observed...

Pictorial Warning Covering 85% Of Packaging Space Mandatory In All Tobacco Products: SC Makes Stay On Karnataka HC Judgment Absolute

The Supreme Court on Tuesday made absolute its January 8 order granting an interim stay on the Karnataka High Court judgment dated December 15, 2017 striking down the 2014 amendment to the Cigarettes and other Tobacco Products (Packaging and Labelling Rules) of 2008.Rule 3(1)(b) of Cigarettes and other Tobacco Products (Packaging and Labelling Rules) of 2008 as amended in 2014, necessitates...

No Eviction Can Be Ordered Even If The Parties Had Entered Into A Compromise: SC [Read Judgment]

‘Unless and until ground seeking eviction in terms of the concerned contract is made out, no eviction of a tenant can be ordered, even if the parties had entered into a compromise.’The Supreme Court has held that, in cases where protection under the Rent Act is available, no eviction can be ordered unless ground seeking eviction is made out, even if parties had entered into...

“1,575 Children Victims Of Abuse. What Have You Done About it?” SC Asks Centre

The Centre today submitted a shocking report which said 1,575 children including 286 boys were sexually or physically abused in various shelter homes in different parts of the country prompting a bench headed by Justice Madan B Lokur to ask the Centre “What have you done about it?”There was flurry of questions to Additional Solicitor  General Pinky Anand from the bench of Justices...

No Forfeiture Of Gratuity For ‘Acts Involving Moral Turpitude’, If Not Convicted By A Court Of Law: SC [Read Judgment]

‘To be an offence, the act should be made punishable under law. That is absolutely in the realm of criminal law. It is not for the Bank to decide whether an offence has been committed.’Interpreting Section 4(6)(b)(ii) of the Payment of Gratuity Act, the Supreme Court has held that forfeiture of gratuity on the ground of misconduct which constitutes an offence involving moral turpitude,...

CJI Launches Horde Of New Apps For Litigants And Lawyers Under E-Courts Project, Justice Lokur Says The Project Saved More Than Rs. 1,670 Crore For The Exchequer

The E-committee of the Supreme Court on Tuesday launched several mobile applications for the benefit of litigants and lawyers.The event saw launch of apps for services such as e-filing along with user manual, e-payment options, National Service and Tracking of Electronic Processes (NTSEP), Supreme Court Legal Services Committee (SCLSC), and awareness guide for services offered under the...

SC Directs To Extend Video Conference Facility Between Lawyer And Accused In All Cases Where Accused Facing Trial From Jail [Read Judgment]

‘All such attempts to facilitate dialogue between the counsel and his client would further the cause of justice and make legal aid meaningful. ‘The Supreme Court has directed all Legal Services Authorities/Committees in every State to extend video conference facility between the counsel and the accused or anybody in the know of the matter in every criminal case wherever the accused is...

Insolvency And Bankruptcy Code: Section 14 Moratorium Would Not Apply To A Personal Guarantor Of A Corporate Debtor: SC [Read Judgment]

'Section 14 refers only to debts due by corporate debtors, who are limited liability companies, and it is clear that in the vast majority of cases, personal guarantees are given by Directors who are in management of the companies. The object of the Code is not to allow such guarantors to escape from an independent and coextensive liability to pay off the entire outstanding debt, which is...

Insurer Can’t Be Absolved Merely Because The Driving Licence Is Fake, Reiterates SC [Read Judgment]

‘Suffice it to observe that it is well established that if the owner was aware of the fact that the licence was fake and still permitted the driver to drive the vehicle, then the insurer would stand absolved. However, the mere fact that the driving licence is fake, per se, would not absolve the insurer.’The Supreme Court has held that the mere fact that the driving licence is fake, per...

Manipur Encounter Killings: 355 Serving Army Officers Move SC Alleging CBI Bias & Dilution Of AFSPA [Read Petition]

Three hundred and fifty five soldiers and serving officers of the Indian Army have approached the Supreme Court alleging dilution of the Armed Forces (Special Powers) Act (AFSPA) without specific amendment to that effect.The petition was mentioned before a bench comprising Chief Justice of India Dipak Misra  and Justice AM Khanwilkar today by Advocate Aishwarya Bhati, representing...

SC To Hear TN Govt’s Plea On Friday Against NGT Order Allowing Vedanta Access To Sterlite Plant

The Supreme Court agreed to hear on Friday the Tamil Nadu government's plea against the August 9 order of the National Green Tribunal (NGT) permitting mining giant Vedanta to access the administrative unit of its controversial Sterlite copper plant in Tuticorin.The principal bench of the NGT in New Delhi, headed by Chairperson Justice Adarsh Kumar Goel, had observed that the...