Disqualification Of Legislators On Framing Of Charge[Day-1] Can A Person Against Whom Murder Charges Have Been Framed Be Allowed To take Oath: Asks Nariman.J To AG

The five-judge constitution bench commenced hearing on the pleas seeking a ban on candidates from contesting elections against whom charges have been framed.Opening the arguments for the petitioner Public Interest Foundation Senior Counsel Dinesh Dwivedi said;“Your Lordships have held that criminalisation in the Legislatures is a negation of democracy and the basic structure of...

Muzaffarpur Shelter Home Rape: SC Directs Action Against Accused’s Wife For Disclosing Victims’ Identity On Facebook [Read Order]

“We expect the electronic, print and social media to ensure that the photographs of the victims of sexual abuse anywhere should not be displayed either in morphed or blurred form for the safety, mental and physical health of the victims and in public interest.”The Supreme Court on Tuesday directed the authorities to take action against the wife of an accused in...

People Tell Me I’m Breaking The Glass Ceiling, But I’ve Miles To Go Before I Sleep: Justice Gita Mittal Bids Farewell

In her farewell speech, Acting Chief Justice of Delhi High Court, Justice Gita Mittal referred to the Delhi High Court as her “karma-bhoomi”, but added that she is just getting started and has miles to go before she sleeps.On being told that she is breaking the glass ceiling and making history, as she will now be taking over as the first ever woman Chief Justice of Jammu & Kashmir...

Jaypee Infratech Case : SC Remands Matter To NCLT; Homebuyers To Be Included In Committee Of Creditors [Read Judgment]

Almost a year after insolvency proceedings were started against Jaypee Infratech Limited, the Supreme Court on Thursday remanded the matter back to the National Company Law Tribunal (NCLT) while directing that homebuyers be included in the Committee of Creditors (CoC) to be constituted afresh in the light of Insolvency and Bankruptcy (Amendment) Ordinance, 2018.A bench of Chief Justice...

BCCI-SC Approves Draft Constitution, Modifies Lodha Panel Recommendations Including 'One State One Vote' And Cooling Off Period [Read Judgment]

In a huge relief to BCCI, the Supreme Court today modified two of the recommendations of the Justice Lodha committee to which the Board was up in arms - 'one state one vote' and cooling off period for persons contesting administrative posts.A bench of Chief Justice Dipak Misra, Justices A M Khanwilkar, and D Y Chandrachud also approved the draft constitution of Board with some modifications...

SC Sends ‘Unapologetic’ Litigant Directly To Jail For Not Complying With Its Order [Read Order]

The Supreme Court, on Wednesday, sent an ‘unapologetic’ litigant to jail directly from the Court for a period of three months.Kovilkar Lakshmoji Rao was a judgment debtor. In a court auction held in the year 2004, his property was purchased by one Vara Kumari. After that, Rao allegedly locked access to the property by constructing a compound wall. The Auction purchaser then applied...

Appointment Of HC Judges: SC Asks Attorney General To Do The Needful As Expeditiously As Possible

“We are informed that a large number of names are in the pipeline for appointment as High Court Judges. We would request the learned Attorney General to please look into this and do the needful as expeditiously as possible.” remarked a Supreme Court bench on Monday.The bench of Justice Rohinton Fali Nariman and Justice Indu Malhotra was considering a contempt petition against President...

Doctrine of "Pay And Recover" In Motor Accident Claim Cases Still Holds The Field, Clarifies SC [Read Judgment]

The Supreme Court has held that doctrine of "pay and recover" in motor accident claim cases still holds the field.A bench of Justice Ranjan Gogoi and Justice R Banumathi made this observation (Shamanna vs. Divisional Manager, The Oriental Insurance Co. Ltd.) while setting aside a Karnataka High Court order that had exonerated the insurance company from its liability directing the claimants...

'Adultery Affects Sanctity Of Marriage'-ASG, 'What Is The Sanctity When The Husband Give Consent For Intercourse'-Asks Chandrchud.J:SC Reserves Judgment

“Adultery is a public problem which injures or causes harm and hence, it contains the elements of a criminal offence”, submitted ASG Pinky Anand before the Supreme Court five-judge bench on Wednesday.Countering the reliance placed by the petitioners on international authorities, including those of South Africa, Namibia, South Korea and Guatemala, in context of the decriminalisation...

Criminalizing Begging Violates The Most Fundamental Rights Of Most Vulnerable People In Our Society: Delhi HC Strikes Down Anti-Begging Provisions As Unconstitutional [Read Judgment]

The Delhi High Court on Wednesday decriminalised begging in the national capital, striking down several provisions of the Bombay Prevention of Begging Act as unconstitutional.The Bench comprising Acting Chief Justice Gita Mittal and Justice C. Hari Shankar observed, “The State simply cannot fail to do its duty to provide a decent life to its citizens and add insult to injury by...

IBC: Application For Initiating Corporate Insolvency Resolution Process Filed By Advocate Of Financial Creditor Maintainable: SC [Read Order]

We also think that the petition filed by an advocate would be maintainable, as has been held in Macquarie Bank supra.The Supreme court observed that an application filed by an advocate would be maintainable under Section 7(3)(a) of the Insolvency And Bankruptcy Code, 2016.This observation was made by the bench of Justice Rohinton Fali Nariman and Justice Indu Malhotra in SUNRISE 14 A/S...

SC Imposes Costs Of Rs. 2Cr On Medical College For Playing Fraud During Inspection By Projecting Healthy Persons As Patients

The Supreme Court on Tuesday imposed an exemplary cost of Rs. 2 crore on a medical college, while dismissing a writ petition filed by it, taking note of the fraud and deception played by it during inspection by projecting healthy persons as patients.Mahavir Institute of Medical Sciences had approached the apex court challenging the decision of the Central Government that accepted...