Supreme court
Reconvening A Sitting Of Vidhan Sabha Which Isn't Prorogued Permissible In Law & Within Exclusive Domain Of Speaker: Supreme Court
In its judgement pertaining to the Punjab Government's plea challenging the Governor's inaction on four bills passed by the state legislature, which was decided by the Supreme Court on November 10 but uploaded on November 23, the Apex Court stated that reconvening a sitting of the Vidhan Sabha which had not been prorogued was permissible in law and is within the exclusive domain of...
Does Payment Of Pension To Judicial Officers Based On Contributory Pension Affect Financial Dignity? Supreme Court To Examine
The Supreme Court today (23.11.2023) noted that the issue of whether the payment of pensions to judicial officers purely on basis of contribution pension scheme would be consistent with norms of financial dignity did merit consideration. The bench comprising CJI DY Chandrachud, Justice JB Pardiwala, and Justice Manoj Misra was passing an order in All India Judges Association v. Union of India,...
Title Of Immovable Property Can't Be Transferred Through Agreement To Sell Or General Power Of Attorney : Supreme Court
The Supreme Court recently held that no title could be transferred with respect to immovable properties on the basis of an Agreement to Sell or on the basis of a General Power of Attorney. A bench of Justice Vikram Nath and Justice Rajesh Bindal observed as thus: “...no title could be transferred with respect to immovable properties on the basis of an unregistered Agreement to Sell or on...
Supreme Court Dissolves Bench On PMLA Judgment Reconsideration After Centre Seeks Time; 'Doing With Heavy Heart', Says Justice Kaul
The Supreme Court on Thursday (November 23) dissolved the bench constituted to consider a batch of applications seeking reconsideration of its Vijay Madanlal Choudhary ruling, which upheld the powers of the Directorate of Enforcement (ED).After the union government sought for more time, the special bench comprising Justices Sanjay Kishan Kaul, Sanjiv Khanna, and Bela M Trivedi decided...
Credit Judicial Officers' Pension Arrears By December 8 Or Face Contempt : Supreme Court's Final Warning To States
The Supreme Court today (23.11.2023) gave the Chief Secretaries of defaulting States and Union Territories a "final chance" to comply with its order in All India Judges Association v. Union of India matter, in which the Apex Court had provided a timeline for the Center and the States to pay retired judicial officers pension as per the enhanced pay scale as recommended by the Second...
Marriage Equality Review : Petitioners Say Supreme Court Misunderstood Their Case; Claim Wasn't For New Legal Status But For Equality
Lawyer Utkarsh Saxena and his partner Ananya Koti have filed a review petition in the Supreme Court against the judgment in Supriyo v. Union of India which refused to legalise same-sex marriages. They were petitioners in the case that was decided on 17.10.2023 by a 5 judge bench. "..by refusing to grant queer couples access, on equal terms, to one of the most significant social institutions...
IBC | No Casual Interference With Commercial Wisdom Of CoC : Supreme Court Sets Aside NCLT Direction To Reevaluate Corporate Debtor's Assets
The Supreme Court has set aside an order whereby the National Company Law Tribunal (“NCLT”) kept the approval of a resolution plan in abeyance while directing an Official Liquidator to conduct re-valuation of the Corporate Debtor’s assets. Consequently, the order of National Company Law Appellate Tribunal (“NCLAT”) affirming the NCLT’s order has also been set aside.An...
Judicial Review Of Tenders - Interpretation Of Tendering Authority Must Prevail Unless There Malafides Alleged Or Proved : Supreme Court
The Supreme Court recently held that when it comes to tender clauses, the interpretation of a tendering authority must prevail unless there is any malafides alleged or proved. A bench of Justice Sanjay Kishan Kaul, Justice Sudhanshu Dhulia and Justice Ahsanuddin Amanullah referred to the decision of the Apex Court in Jagdish Mandal vs. State of Orissa (2007) 14 SCC 517 while making...
Supreme Court Rejects Defence Of Intoxication In Murder Case, Says Accused Walking Properly & Returning To Shoot Indicated Alert Mental State
The Supreme Court recently upheld the conviction of a convict for the offence of murder under Section 302 of the Indian Penal Code (IPC) after carefully considering the impact of intoxication on him at the time of the incident. The Court noted that despite being heavily intoxicated, the appellant was able to walk properly and even moved away 15-20 steps from the quarrel scene before returning...
Is Same Day Sentencing In Death Penalty Cases Proper? Supreme Court To Hear The Matter In January 2024
The Supreme Court today (22.11.2023) decided to list in January 2024 the petitions pertaining to whether same-day sentencing could be permissible in the cases of capital punishment or death penalty. The bench led by CJI DY Chandrachud stated that the registry shall notify the exact date of hearing in the matter in January 2024. It may be recalled that earlier, a bench comprising the then CJI...
'Affects Right To Liberty' : Kapil Sibal Urges Supreme Court To Reconsider PMLA Judgment Upholding ED's Powers
Senior Advocate Kapil Sibal on Wednesday (November 22) urged the Supreme Court to refer to a larger bench to reconsider its Vijay Madanlal Choudhary ruling, which is known for bolstering the powers of the Directorate of Enforcement (ED). Raising concerns about the wide-ranging powers of the central agency, the senior counsel said – “The issues involved are very serious and affect...