Supreme court
Arbitration Clauses In Unstamped Agreements Enforceable : Supreme Court 7-Judge Bench Overrules 'NN Global' Decision
A seven-judge bench of the Supreme Court on Wednesday (December 13) ruled that arbitration clauses in unstamped or inadequately stamped agreements are enforceable. Insufficiency of stamping does not make the agreement void or unenforceable but makes it inadmissible in evidence. However, it is a curable defect as per the Indian Stamp Act, the Court pointed out.The Court overruled the...
Motor Vehicles Act : Supreme Court Directs NALSA To Prepare Scheme For Implementation Of Amended MV Act And Rules
The Supreme Court has directed the National Legal Services Authority (NALSA) to prepare a scheme with suggestions for implementation of the amended Motor Vehicles Act and the Central Motor Vehicles Rules. The order was passed by a bench of Justice J K Maheshwari and Justice K V Viswanathan that has been hearing a matter related to the implementation of the amended Motor Vehicles Act and...
NewsClick Case | Supplying Grounds Of Arrest In Writing Not Necessary Under UAPA : Delhi Police To Supreme Court
The Supreme Court on Monday (December 11) adjourned the pleas by NewsClick founder and editor-in-chief Prabir Purkayastha and human resources head Amit Chakraborty challenging their recent arrest.A bench of Justices BR Gavai, PS Narasimha, and Prashant Kumar Mishra was hearing the special leave petitions by the duo assailing a decision of the Delhi High Court upholding their arrest by the...
Impossible To Get Accurate Data On Illegal Migrants, They Enter In Clandestine Manner : Centre Tells Supreme Court
The Centre on Tuesday (12.12.2023) filed an affidavit furnishing the details on illegal immigrants and those who have been granted citizenship in light of S.6A of the Citizenship Act, 1955.On December 7, the Court had directed the Ministry of Home Affairs to furnish data regarding the inflow of illegal migrants to Assam and North Eastern states after March 25, 1971 (post the declaration...
Article 370 Judgment | Constitution Amendments Through Circuitous Manner Not Permissible; Article 368 Procedure Must Be Followed : Supreme Court
In the Article 370 case, the Supreme Court categorically held that amendments to substantive provisions of the Constitution cannot be made by executive notifications. The amendments to Constitutional provisions have to be carried out by following the procedure prescribed under Article 368, that is by passing an amendment bill in the Parliament with the backing of the prescribed...
Article 370 Judgment | Why Supreme Court Upheld Repeal Of J&K Special Status Despite Invalidating Changes To Article 367? Explained
A Constitution Bench of the Supreme Court yesterday upheld the validity of the Union Government's 2019 decision to repeal the special status of Jammu and Kashmir (J&K) under Article 370 of the Constitution. While doing so, the bench comprising CJI DY Chandrachud, Justices Sanjay Kishan Kaul, Sanjiv Khanna, BR Gavai, and Surya Kant held that the Constitution (Application to Jammu...
Prashant Bhushan Writes To SC Registry Seeking Reasons For Deletion Of Petitions Against Centre's Delay In Judges' Appointments From Causelist
Advocate Prashant Bhushan has written to the Registrar of the Supreme Court seeking reasons for deletion of the petitions against Centre's delay in judges' appointments, without the knowledge or information of the presiding Judge and despite a judicial order for a specific date listing. On 5th December, Bhushan, appearing for one of the petitioners (Centre For Public Interest Litigation) in...
Manipur Violence | Supreme Court Refuses To Entertain PIL To Set Up Commission To Resolve Differences Between Ethnic Groups
The Supreme Court on Monday (December 11) refused to entertain a Writ Petition filed under Article 32 of the Constitution seeking directions to constitute a commission of enquiry to aid in resolving the differences between the three ethnic communities of the State of Manipur, namely the Nagas, Meiteis and Kukis. The bench comprising the CJI, D.Y. Chandrachud and Justices J.B. Pardiwala...
Supreme Court Pulls Up Delhi Govt For 'Lackadaisical Approach' In Disbursing Funds To Delhi Judiciary
On Monday, the Supreme Court expressed strong dismay over the delay by the Delhi Government in approving funds for infrastructure projects in the Delhi High Court (HC). The bench comprising CJI DY Chandrachud, Justice JB Pardiwala, and Justice Manoj Misra directed for a meeting to be convened by the Chief Justice of Delhi High Court and attended by the Chief Secretary of Government of...
Parliament Can Carve Out A Union Territory From A State; Views Of State Only Recommendatory: Supreme Court
While upholding the repeal of the special status of Jammu and Kashmir under Article 370 of the Constitution, the Supreme Court also affirmed the power of the Parliament to carve out a Union Territory from a State.Holding so, a Constitution Bench led by Chief Justice of India DY Chandrachud upheld the Jammu and Kashmir Reorganisation Act 2019 to the extent it created the Union Territory of...
TMC's Mahua Moitra Moves Supreme Court Challenging Her Expulsion From Lok Sabha Over Cash-For-Query Allegations
Lok Sabha MP from Trinamool Congress (TMC), Mahua Moitra has approached the Supreme Court challenging her expulsion from the lower house of Parliament in connection with the 'cash-for-query' allegations. 49-year-old Moitra was expelled as a Lok Sabha Member of Parliament (MP) on December 8 following the Ethics panel's determination of her guilt in the 'cash-for-query' case. For...
Justice Kaul Recommends "Truth & Reconciliation Commission" To Report Human Rights Violations In Jammu & Kashmir By State & Non-State Actors
Supreme Court judge Justice Sanjay Kishan Kaul, in his judgment approving the repeal of the special status of Jammu and Kashmir under Article 370 of the Constitution, recommended the setting up of a "Truth and Reconciliation Commission" to investigate and report on the human rights violations carried out by both the State and non-State actors in the Kashmir valley at least since 1980s.In...