Partial deposit before DRAT under Section 18 of SARFAESI Act refundable, reiterates SC [Read Judgment]

Reiterating the dictum laid down in in Axis bank vs. SBS Organics Private Limited, the Supreme Court in KUMAR ALUMINIUM LTD. VS. ASSET RECONSTRUCTION COMPANY INDIA has set aside a Delhi High Court Judgment which had refused to interfere with DRAT order which turned down the prayer for refund of the amount deposited in compliance of the requirement of the second proviso to section 18(1) of...

Supreme Court Weekly Round-Up

All Tribunals are not necessary parties to the proceedings where legality of its orders challengedThe Supreme Court in M. S. KAZI VS. MUSLIM EDUCATION SOCIETY held that all Tribunals are not necessary parties in a Special Civil Applications under Articles 226 and 227 of the Constitution, when they are not required to defend its orders when they are challenged before the High Court. Handing...

SC directs State Pollution Control Boards to report on measures to tackle Silicosis

The Supreme Court bench comprising justices Kurian Joseph and Rohinton Fali Nariman on August 23, directed State Pollution Control Boards in Haryana, Rajasthan, Madhya Pradesh, Pondicherry, Jharkhand and Delhi, to inspect the quartz-grinding units in their States within three weeks.The SPCBs in these States have been especially asked to report on the deficiencies which the Central...

EXCLUSIVE: Asaram Bapu’s bail plea on medical grounds: AIIMS Board submits its report in sealed cover, hearing before different SC bench on Monday [Read Orders]

The Supreme Court is set to hear the self-styled godman, Asaram Bapu’s application for regular bail on medical grounds on August 29.The matter is listed before the bench at Court No.11, before justices A.K.Sikri and N.V.Ramana on August 29, although it was the bench comprising Madan B Lokur and R.K.Agrawal which had heard the matter earlier, and directed its listing on August 29. The...

SC upholds Allahabad HC Rule which mandates that a lawyer outside state cannot appear in Court without a Local lawyer's appointment

The Bench held that Rules 3 and 3A of the Allahabad High Court Rules, 1952 are perfectly valid, legal and do not violate the right of the appellant under Article 19(1) (g) of the Constitution of India.The Supreme Court in JAMSHED ANSARI VS. HIGH COURT OF JUDICATURE AT ALLAHABAD & ORS has held that right of Advocates to appear and conduct cases in the court is a matter on which the court...

SC asks Allahabad HC to decide on legality of Kamlesh Tiwari detention under NSA within 4 weeks [Read Judgment]

A habeas corpus petition has to be given immediate attention and steps should be taken to decide it forthwith, the Bench said.Supreme Court has directed the Allahabad High Court to dispose of the Habeas Corpus Petition filed against alleged illegal detention of Kamlesh Tiwari under National Security Act, within four weeks.For his controversial remark against Prophet, Kamlesh Tiwari was...

Star campaigner's complete expenses not to be included in one candidate's expenditure: SC [Read Judgment]

Partly allowing the appeal by Madhya Pradesh MLA Sri. Ajay Arjun Singh, the Supreme Court in Ajay Arjun Singh vs. Sharadendu Tiwari has held that, use of Helicopters by ‘star campaigners’ of election, for travelling outside their constituencies, cannot be included in their election expenditure. Apex Court Bench comprising of Justices J. Chelameswar and Abhay Manohar Sapre, also held that...

Woman divorced through call from abroad moves SC against triple talaq [Read Petition]

The Supreme Court today issued notices to Ministries of Women and Child Development, Law and Justice, Minority Affairs and the National Commission for Women on a petition filed by a Muslim woman divorced by her husband through a phone call from Dubai, challenging validity of Muslim practices of polygamy, triple talaq (talaq-e-bidat) and nikah halala.Acting on the petition filed by Ishrat...

SC to hear AG on enhancing punishment for Causing Death by Negligence (304A IPC) [Read the Order]

A two Judge Bench of the Supreme Court Today, has observed that the punishment provided under Section 304A of Indian Penal Code for ‘causing death by negligence’ is absolutely inadequate.The Bench comprising Justices Dipak Misra and C.Nagappan taking a cue from its earlier Judgment in State of Punjab vs. Saurabh Bakshi (2015) 5 SCC 182, remarked as follows:“We have said that Section...

Supreme Court cannot create a ‘Ram Rajya’ : CJI Thakur

“Can we order that all the footpaths in India should be cleared? We cannot order that all corruption in India should come to an end. We cannot order that murder should come to an end. All abductions should stop.. We cannot bring about a ram rajya”The Supreme Court does not have a magic wand to create a Ram Rajya (ideal state), Chief Justice T S Thakur today told a petitioner in a...

SC seeks ground report on Kashmir from Petitioner Bhim Singh

“You spend a week there. Report about the schools, hospitals, supply of essential commodities in Kashmir  valley and Srinagar. Don’t file a report sitting in Delhi. Somebody saying something on the basis of personal experience is very different”: CJI Thakur to J and K Panther Party chief Bhim SinghThe Supreme Court today pulled up Jammu and Kashmir Panthers Party chief Bhim Singh who...

Bombay HC lifts ban on Women’s entry to inner sanctum of Haji Ali Durgah [Read Judgment]

The Bench held that the Ban is vioaltive of Article 14, 15 and 21 of the Constitution of IndiaIn a significant Judgment Today, Bombay High Court has held that women can enter the inner sanctum of Mumbai’s famous Haji Ali Durgah.A Division Bench comprising Justices VM Kanade and Revati Mohite Dere has allowed the Petitions against the ban, holding that the ban on the entry of women is...