Supreme court
Computation Of Royalty Within Executive's Domain, Courts' Interference Barred Unless Decision-Making Process Is Illegal : Supreme Court
Noting that the computation of royalty on minerals is purely a policy decision within the executive's domain, the Supreme Court dismissed the plea challenging the government's change in the royalty calculation method. The Court stated that unless the policymaking authority has overstepped its limits, such decisions cannot be challenged, as they require specialized expertise that judges do...
Timely Implementation Of Resolution Plan Is Crucial To Achieve IBC's Objective Of Protecting Assets Dissipation: Supreme Court
The Supreme Court bench comprising Chief Justice of India DY Chandrachud, Justice JB Pardiwala and Justice Manoj Misra held that unnecessary delay caused in implementation of the Resolution Plan would also lead to the assets of the corporate debtor diminishing in value. Therefore, there is no doubt that the timely implementation of the Resolution Plan is also one of...
'Bulldozer Justice Simply Unacceptable Under Rule Of Law' : Supreme Court In Final Judgment Of CJI DY Chandrachud
The Supreme Court, in the last uploaded judgment of Chief Justice of India DY Chandrachud, has strongly denounced the trend of "bulldozer justice", whereby State authorities resort to demolition of homes of persons as a punitive action for alleged involvement in crimes."Bulldozer justice is simply unacceptable under the rule of law. If it were to be permitted the constitutional recognition of...
Courts Should Exercise Caution Before Passing Interim Orders Directing Colleges To Keep Seat Vacant : Supreme Court
Coming to the aid of two medical colleges, which were directed to keep a medical seat vacant pursuant to a High Court order but incurred loss as the said seat ultimately remained unfilled, the Supreme Court recently paved way for monetary restitution through adjustment of the colleges' proposed fees for successive batches."considering that it is a case of one seat in each college, we feel...
Constitution Bench Judgments Of Justice DY Chandrachud
The Chief Justice of India Dr. D.Y. Chandrachud was elevated as a judge of the Supreme Court on May 13, 2016, and continued until November 7, 2022. He became the 50th CJI on November 8, 2022, and will leave the office on November 10, 2024. During his tenure as a judge and as CJI, Chandrachud has been involved in more than 700 judgments including constitution bench judgments, many of which he...
Lis Pendens Doctrine Kicks In When Petition Is Filed & Not When Court Issues Notice; It Applies Even If Petition Was In Defect : Supreme Court
The Supreme Court has held that the doctrine of lis pendens under Section 52 of the Transfer of Property Act,1882 will kick in from the moment a petition is filed in the Court and not at the stage when notice is issued by the Court.The Court also rejected the argument that the lis pendens doctrine wouldn't apply when the petition was lying in the Registry in a defective state.A bench...
Supreme Court Reinstates Candidates Who Had CCC Certificate In 2014 As Technical Grade-II (Electrical) Employees In UP Power Corporation
The Supreme Court recently found that Uttar Pradesh Power Corporation Limited "grossly erred" in terminating the services of those Applicants who were duly selected and possessed the certificate for computer literacy at the time of interview as required in the advertisement dated 6th September 2014 issued for filling the vacancy of Technical Grade-II (Electrical) in Uttar Pradesh...
Supreme Court Directs Union To Frame Mandatory Rules Under Rights Of Persons With Disabilities Act For Accessibility Of Public Spaces
In a significant judgment boosting disability rights, the Supreme Court on Friday (November 8) directed the Union Government to frame mandatory rules as required under Section 40 of the Rights of Persons with Disabilities Act, 2016 for ensuring that public places and services accessible to persons with disabilities.The Court held that Rule 15 of the Rights of Persons With Disabilities Rules,...
'Provide Separate Cut-off' : Supreme Court Issues Guidelines For Recruitment Of Persons With Disabilities In District Judiciary
In a major development, the Supreme Court issued several general directions relating to the recruitment of persons with benchmark disabilities (PwBD) in judicial services. The direction issued would be followed for the selection of candidates to the District Judiciary across the country. The bench led by CJI DY Chandrachud and comprising Justices JB Pardiwala and Manoj Misra observed that...
Determining 'Seat' In International Arbitration : Supreme Court Takes Shift From 'Closest Connection Test', Says Express Designation Of Place Matters
In a key ruling on International Commercial Arbitration, the Supreme Court held that when an arbitration agreement grants non-exclusive jurisdiction to a foreign court, that court is considered the "seat of arbitration." The Court reaffirmed the BALCO principle that Indian courts lack supervisory jurisdiction under Part I of the Arbitration & Conciliation Act, 1996, for arbitrations...