For Money Launders Jail is the Rule and Bail is an exception; Supreme Court [Read Judgment]

Supreme Court denies bail to Rose Valley Group CMD Gautam Kundu.By making a pragmatic approach to the provision of Section 45(1) of the P.M.L. Act and on consideration of the antecedents of the petitioner in collection of money from open market for issuing secured debentures in violation of the guidelines of SEBI and on further consideration  of the manner of keeping accounts of Rose Valley...

Complete departmental inquiries within 6 months: Supreme Court tells State and Private Employers [Read Judgment]

We are of the considered opinion that every employer (whether State or private) must make sincere endeavor to conclude the departmental inquiry proceedings once initiated against the delinquent employee within a reasonable time by giving priority to such proceedings and as far as possible it should be concluded within six months as an outer limit, the bench said.Supreme Court of India has...

A Woman can be a Manager of Joint family, in some particular circumstances, though she could not become a Kartha; SC [Read Judgment]

Such a role (as manager) necessarily has to be distinguished from that of a Karta which position the Hindu widow cannot assume by virtue of her disentitlement to be a coparcener in the HUF of her husband. Regrettably the position remains unaltered even after the amendment of the Hindu Succession Act in 2005, the bench said.Supreme Court has given quietest to a property dispute between cousins...

SC issues notice to Central Govt and 11 states on Swaraj Abhiyan’s PIL seeking relief & compensation to drought affected citizens [Read Petition]

The Supreme Court today admitted and issued notice to the Central government and 11 States in a Public Interest Litigation (PIL) filed by Swaraj Abhiyan seeking necessary relief and compensation to drought affected farmers and other classes of citizens.According to the Petitioner organisation, it carried out a Samvedana Yatra across nine states from 2nd to 15th October this year to assess...

The Constitutional legitimacy must Supersede all religious beliefs or practices: Supreme Court [Read Judgment]

The exclusion of some and inclusion of a particular segment or denomination for appointment as Archakas would not violate Article 14 so long such inclusion/exclusion is not based on the criteria of caste, birth or any other constitutionally unacceptable parameter, the bench said.The Supreme Court of India, in Adi Saiva Sivachariyargal Nala Sanga vs. Government of Tamil Nadu, has held...

No Vehicle which is not bound for Delhi shall be allowed to enter Delhi; SC directs more stringent measures to control pollution in Delhi City

The true intention, however, was that the vehicles that are not bound for Delhi are diverted to alternative routes to bypass Delhi; the bench said clarifying its earlier order.Supreme Court of India has issued following directives, in addition to its directions issued vide order dated 9.10.2015, with a view to ‘mitigate the hardship which the people living in Delhi undergo having regard to...

Breaking ; No fiduciary relationship between RBI & Financial Institutions; RBI is bound to disclose information under the RTI Act: Supreme Court

Coming down heavily on the Reserve Bank of India (RBI for short) for depriving information under the RTI Act, 2005 in the name of fiduciary relationship between itself and the banks, the Supreme Court has in a landmark decision declared that RBI does not place itself in a fiduciary relationship with the Financial institutions because, the reports of the inspections, statements of the...

Breaking; SC issues Guidelines to improve Collegium System; Directs Centre to draft MoP [Read Order] [Updated]

Exactly two months after scrapping the NJAC Act, a constitution bench of the Supreme Court  which had embarked on a mission to improve the collegiums system today virtually put the ball back into the government's court by giving the Centre the liberty to finalise a draft memorandum of procedure for appointing judges to the Supreme Court and High Courts in consultation with the Chief Justice...

Supreme Court asks States to Constitute Three member Wakf Tribunal within four months [Read Judgment]

The one member tribunal will continue to exercise jurisdiction till the time the State constitutes three members tribunal by notification in the Official Gazette, the bench said.Supreme Court has directed all the States to immediately take steps for constituting a three member Waqf Tribunal, mandated by Section 83(4) of the Waqf Act. Apex Court Bench comprising of Justices M.Y. Eqbal and...

Imparting of Higher Education amounts to “discharge of public functions”; Hence Writ Petition against Private Deemed University maintainable; SC [Read Judgment]

In identifying the “classes of case in which judicial review is available”, the courts place considerable importance on the source of legal authority exercised by the defendant public authority. Secondly and additionally, where the “source of power” approach does not yield a clear or satisfactory outcome, the court may consider the characteristics of the function...

SC to ban registration of Luxury diesel cars in Delhi for 3 months; Pollution Tax to be doubled

The Supreme Court today said it would ban registration of diesel vehicles having engine power of more than 2000 CC like the SUVs and luxury sedans till April 1 on a trial basis.The rich cannot be allowed to move around in expensive diesel vehicles when they can afford petrol vehicles, Chief Justice T S Thakur noted.A bench of the CJI T S Thakur and Justices A K Sikri and R Banumathi is likely...

Supreme Court's approval to new qualifications for Panchayat Contestants raises disturbing questions, say Activists

International Human Rights Day this year witnessed the highest Court of the country pronouncing a judgment that is being condemned as a blow to a most basic civil right, the right to vote and contest elections.The Bench, comprising Justice J. Chelameswar and Justice A.M. Sapre upheld the validity of Haryana Panchayati Raj (Amendment) Act, 2015 (Act 8 of 2015), which interalia introduced...