Congress Worker Files Petition In Bombay HC, Seeks Quashing Of Specified Bank Notes (Cessation Of Liabilities) Ordinance [Read Petition]

Sachin Sawant a congress worker, has filed PIL in the Bombay High Court seeking quashing of the Specified Bank Notes (Cessation of Liabilities) Ordinance, 2016 which was promulgated on December 31, 2016.Under the said ordinance, exchange or deposit of demonetized currency for those citizens who are not residents would be available till June 30, 2017 in order to “allow them adequate time...

Petitions Against Tainted Persons Contesting Election: SC To Constitute Constitution Bench Soon [Read Petition]

The Supreme Court on Thursday agreed to constitute a Constitution Bench and hear petitions against tainted persons contesting elections.A three-judge bench headed by Chief Justice JS Khehar was hearing a petition filed by BJP leader Ashwini Upadhyay seeking immediate hearing of the petitions ahead of assembly elections to five states.Senior Advocate Vikas Singh, appearing for Upadhyay,...

Aadhaar; Data Collection By Private Agencies Not A Good Idea: SC

“We are not inclined to give immediate hearing as there are limited resources but biometric data collection by private agencies is not a great idea” : SC bench headed by Chief Justice J S Khehar.Data collection by private agencies is not a good idea, the Supreme Court today observed while refusing to expedite the hearing of  Aadhaar cases challenging the constitutional validity of...

Examine Conflict Between POCSO & IPC: SC To Centre

Nobel prize winner Kailash Satyarthi’s NGO Bachpan Bachao Andolan wanted the Supreme Court to clear the conflict between the IPC - which terms children as those aged under 15 years - and POCSO - which terms children as those aged under 18.A bench headed by the newly sworn in Chief Justice J S Khehar today directed the government to examine a "conflict" between the provisions of Indian...

HC Can Interfere With ‘Flawed’ Disciplinary Enquiry: SC [Read Judgment]

In a case where the disciplinary authority records a finding that is unsupported by any evidence whatsoever or a finding which no reasonable person could have arrived at, the writ court would be justified if not duty bound to examine the matter and grant relief in appropriate cases, the bench said.The Supreme Court in Allahabad Bank vs. Krishna Narayan Tewari, has held that a high court...

Porters In Indian Army Should Be Paid Minimum Wages At Par With Multi-Tasking Staff: SC [Read Judgment]

There is no element of doubt that the porters provide valuable support to the Indian Army and are an integral, if not indispensable, requirement of operations in border areas, the bench said.Directing the Central government to review minimum wages to the porters so that they are paid wages at par at the lowest pay-scale applicable to multi-tasking staff, the Supreme Court in Yash Pal v. Union...

COFEPOSA: Detention Ordered On Multiple Grounds Will Survive Even If One Ground Is Legally Unsustainable: SC [Read Judgment]

“Once it is found that the detention order contains many grounds, even if one of them is to be rejected, principle of segregation contained in Section 5A gets attracted.”, the Bench said.The Supreme Court, in Gautam Jain vs. Union of India, has reiterated that if detention order under the Conservation of Foreign Exchange and Prevention of Smuggling Activities (COFEPOSA) Act, 1974, is based...

When Can EVMs With “Paper Trail” Be Introduced, SC Asks EC [Read Order]

The Supreme Court has asked the Election Commission of India to ‘bring on record’ the approximate time within which the entire system of the Voter-Verified Paper Audit Trail (VVPAT) can be introduced.The bench made this query on Monday while considering a contempt petition filed by the Backward & Minority Community Employees Federation (BAMCEF) for not complying with the apex court...

Delay Can’t Be Condoned In VAT Revisions, Says SC [Read Judgment]

Application of Section 5 of the Limitation Act, 1963, to a proceeding under Section 81(1) of the VAT Act stands excluded, the bench said.The Supreme Court, in M/S Patel Brothers vs. State of Assam, has held that the provisions of Section 5 of the Limitation Act, 1963, are not applicable in respect of revision petitions filed in the high court under Section 81 of the Assam Value Added Tax...

UP Chief Secy, DGP In Trouble For Not Arresting ‘Contemnor’ Despite SC Order [Read Order]

“The person who was to be arrested is present in-person,” the bench said.The Chief Secretary and Director General of Police of Uttar Pradesh have courted trouble for not executing a non-bailable warrant of arrest issued against a person who violated the orders of the Supreme Court.In November, the court had directed tenants to hand over to the landlord vacant possession of the entire...

SC To Hold Day-To-Day Hearing In Cauvery Dispute

Keeping in view the urgency of the issue, the Supreme Court today assured that day-to-day hearing will be held on the appeals filed by Tamil Nadu, Karnataka and Kerala against the 2007 award of the Cauvery Water Dispute Tribunal (CWDT) on sharing of water.A bench of Justices Dipak Misra, Amitava Roy and A M Khanwilkar reiterated its October 18, 2016 order and said that it will remain...

The Interesting, Witty Moments At CJI Thakur’s Farewell

Live Law presents you with some sidelights, a few interesting and witty moments at Chief Justice T S Thakur’s farewell organized by the Supreme Court Bar Association yesterday which was presided over by Chief Justice-designate Justice J S KheharJUSTICE KHEHAR ABOUT JUSTICE THAKUR ( IN LIGHTER VEIN):“SUCH A HANDSOME MAN” : I first set my eyes on Justice Thakur at the High Court of Punjab...