SC To Hear Tomorrow Unitech's Grievance Against NCLT Order Suspending 8 Directors

On Monday, the Supreme Court bench of Chief Justice Dipak Misra, Justice DY Chandrachud and Justice AM Khanwilkar agreed to hear on Tuesday the plea on behalf of civil construction and housing development giant Unitech against the interim order dated December 8 of the NCLT, suspending 8 directors of the company and directing the Centre to nominating 10 directors to the Board of Directors of...

Mediation Report Should Preferably Contain Only One Sentence, Nothing More, to maintain confidentiality: Delhi HC [Read Order]

The Delhi High Court, on Monday, held that a mediation report should only contain one sentence and nothing more, in order to maintain the confidentiality of proceedings.The Bench comprising Justice S. Ravindra Bhat and Justice Yogesh Khanna noted that failed mediation results in an adjudicatory process, where the parties have full liberty to fall back on all contentions available to them...

Public Examination System Need To Be Carefully Scrutinized To Avoid "Litigation Mess" Which Could Go On For Several Years: SC [Read Judgment]

The system of holding public examinations needs to be carefully scrutinised and reviewed so that selected candidates are not drawn into litigation which could go on for several years, the Bench said.“What a mess!”, remarked Supreme Court Bench of Justice Madan B Lokur and Justice Deepak Gupta, which finally provided a ‘middle path’ solution to mess that happened in recruitment...

Plea For Prohibiting Candidates From Contesting From More Than One Constituency: SC Seeks AG’s Appearance [Read Petition]

A Supreme Court bench led by Chief Justice of India (CJI) Dipak Misra has sought the appearance of Attorney General (AG) KK Venugopal in a PIL seeking directions to restrict candidates from contesting from two constituencies simultaneously.The bench, also comprising Justice AM Khanwilkar and Justice DY Chandrachud, sought the appearance of the AG after the Election Commission of India (ECI)...

Cannot Direct J&K Legislature To Constitute State Minority Commission: SC

The Supreme Court today categorically said it cannot direct the state legislature of Jammu and Kashmir to legislate for formation of minority commission for the state and asked the Centre to "deliberate" on it."How can we ask or direct the state legislature to legislate in a particular manner.The Centre says they will deliberate on it and get back to this court", Chief Justice Dipak Misra...

After The 2016 Amendment, Mere Knowledge Of The Accused that Victim Is SC/ST Is Sufficient For Prosecution Under SC/ST Act: SC [Read Judgment]

Prior to amendment, statute laid stress on the intention of the accused in committing such offence in order to belittle the person as he/she belongs to Scheduled Caste or Scheduled Tribe community, the bench observed.The Supreme Court, in Asharfi vs State of Uttar Pradesh, has observed that after the amendment of the Scheduled Caste/ Scheduled Tribe Prevention of Atrocities Act carried out...

Senior Advocate Rajeev Dhavan Decides To Quit Court Practice

Senior Advocate Rajeev Dhavan has decided to give up court practice. In a letter to Chief Justice DIpak Misra he said;“After the humiliating end to the Delhi case, I have decided to give up Court practice.You are entitled to take back my Senior Gown conferred on me, though I would like to keep it for memory and services rendered”.Speaking to LiveLaw, he said, "I was humiliated . The...

Supreme Court Weekly Round-Up

Lawyer’s Claim For Fee Based On Percentage Of The Decretal Amount Is Misconduct And Cannot Be The Basis Of A Complaint Under Section 138 NI ActHolding that a fee amount claim by a lawyer based on percentage of subject matter in litigation cannot be the basis of a complaint under Section 138 of the Negotiable Instruments Act, the Supreme Court in B. Sunitha vs. State of Telengana, quashed such...

People Have Been Killed In The name Of ‘Cow Protection’ And ‘Love Jihad’, “Do We Really Value Human Rights? Asks Former CJI RM Lodha

Expressing concern over the growing incidents of human rights violation, former Chief Justice of India R M Lodha said people have been slaughtered in the name of cow protection, couple have been murdered in the name of love jihad, artists have been threatened to be beheaded for their creativity,  activists have been booked on the charge of sedition  and the culprits are yet to be brought...

CJI Dipak Misra Bats For Institutional Arbitration To Resolve Commercial Disputes

Chief Justice of India (CJI) Dipak Misra has favoured institutional arbitration to resolve commercial disputes rather than ad hoc arbitration in the country and clarified that the court interferes less into the arbitration and believes in the maximum realisation of award passed by the arbitrator.Advocating for an alternative disputes resolution mechanism and cost-effective arbitration system...

Compile All Cases On Dental College Admissions And List For Final Disposal Preferably In January: SC to its Registry [Read Order]

The Supreme Court, on Friday, directed its Registry to compile all cases concerning admissions to Dental Colleges, opining that "there appears to be a tremendous amount of confusion" regarding the same.The Bench comprising Justice M.B. Lokur and Justice Deepak Gupta noted that while several Special Leave Petitions have been dismissed, there still existed some pending cases in the Court. This,...

SC Closes Appeal Of Missing Army Jawan’s Father As Centre/State Couldn’t Trace Him Out [Read Order]

The Supreme Court has disposed of a long pending appeal filed by the father of an Army man who went missing in 2005.A Bench of Justice NV Ramana and Justice S Abdul Nazeer observed that the state government and the Central government were not in a position to trace out the missing person and hence, no direction can be given in the matter.The Madras High Court, on S Jebamalai’s plea, had...