UPSC Rejects Candidature Over Late Submission Of EWS Certificate; Supreme Court Allows Candidate To Appear For Interview

The Supreme Court recently granted interim relief relief to a candidate who was not allowed to appear for an Interview by the Union Public Service Commission which did not accept his Economically Weaker Section(EWS) category certificate and rejected his candidature. The Court issued notice to UPSC and directed it to allow the petitioner to appear for the personality test of UPSC...

Supreme Court Sets Aside HC Judgment Which Invalidated Assembly Election Of Arunachal Pradesh MLA Dasanglu Pul

The Supreme Court on Thursday (October 19) set aside the judgment of the Gauhati High Court which invalidated the election of BJP MLA from Arunachal Pradesh Dasanglu Pul to the State Assembly in 2019.A bench comprising Justices AS Bopanna and PS Narasimha allowed the appeal filed by Pul and dismissed the election petition filed against her election. In May, the Supreme Court had granted...

Commercial Courts Should Examine If Plea For Urgent Interim Relief Is A Disguise To Circumvent Pre-litigation Mediation Under S.12A : Supreme Court

While reiterating the mandatory nature of Section 12A of the Commercial Suits Act, which mandates pre-litigation mediation unless the suit contemplates urgent relief, the Supreme Court stated that plaintiff has no absolute choice to avoid pre-litigation mediation by merely making a prayer for urgent interim relief.The Commercial Court should examine that the prayer for urgent interim relief...

"Cannot Pursue Petitions To Show To Press": Supreme Court Dismisses Ashwini Upadhyay's PIL Seeking Uniform Endowment Code

The Supreme Court on Wednesday(October 18) refused to entertain a PIL filed by Advocate Ashwini Upadhyay seeking to declare that Hindus, Buddhists, Jains and Sikhs have similar rights to administer their religious places without State interference like Muslims, Parsis and Christians. The bench comprising CJI DY Chandrachud, Justice JB Pardiwala, and Justice Manoj Misra remarked that the...

Marriage Equality Case : Conclusions & Directions Of Supreme Court Judgments

Chief Justice of India DY Chandrachud, Justice Sanjay Kishan Kaul, Justice S Ravindra Bhat and Justice PS Narasimha pronounced separate judgments.In terms of the reportable judgment, the Chief Justice of India issued following directions and conclusions:a. The Union Government, State Governments, and Governments of Union Territories are directed to:i. Ensure that the queer community is...

Provident Fund | When Can Two Establishments Be Clubbed Together For EPF Act Coverage? Supreme Court Explains

A Division Bench of the Supreme Court recently determined the legal position pertaining to the clubbing of different institutes for the purpose of coverage under the Employees’ Provident Funds and Miscellaneous Provisions Act, 1952 (EPF Act). After referring to several decisions with respect to the subject matter, the Court concluded that there is a financial integrity between the...

When Notice Is Returned As ‘Unclaimed’, It Must Be Deemed Proper Service; 'Unclaimed' Same As 'Refusal': Supreme Court

The Supreme Court recently held that when notice is returned as ‘unclaimed’, it shall be deemed to be served on the addressee and considered proper service. The Apex Court also clarified that the word ‘refusal’ can be interpreted as synonymous to the word ‘unclaimed’.In matter at hand, notice issued to the respondent had returned with the remarks ‘unclaimed’. The Registry in...

'National Interest Can Be In Hearing The Matter Also': Supreme Court To Examine If Judgment Upholding ED's Powers Need Reconsideration

In a significant development, a three-judge bench of the Supreme Court agreed to hear applications seeking reconsideration of the judgment in the 'Vijay Madanlal Chaudhary' which became controversial for strengthening the powers of the Directorate of Enforcement.A three-judge bench of Justices SK Kaul, Sanjiv Khanna and Bela M Trivedi on Wednesday (October 18) listed the matter for hearing...

Disability Rights | Twin Conditions In RWPD Act Creating Barriers, Says Supreme Court While Granting Relief To Person With Colour Blindness

The Supreme Court has expressed concerns about the conditions of disabilities falling within defined categories and meeting the criteria of "benchmark disabilities" under the Right to Persons with Disabilities Act 2016 (RPwD Act). While hearing a case of a person with colour blindness who was denied appointment in the post of Assistant Engineer (Electrical) in the Tamil Nadu Generation...

'Unbecoming Of A Judicial Tribunal' : Supreme Court Issues Contempt Notice To NCLAT Members For Passing Judgment Defying SC Order

In an unprecedented development, the Supreme Court on Wednesday (October 18) issued notices to two members of the National Company Law Appellate Tribunal (NCLAT) to show cause for not initiating contempt proceedings against them for delivering a judgment in violation of a status quo order passed by the Supreme Court.A bench led by Chief Justice of India DY Chandrachud and comprising Justice...

Consumer Disputes Are Non-Arbitrable, Consumers Can't Be Compelled Into Arbitration : Supreme Court

The Supreme Court recently held that consumer disputes are non arbitrable disputes and a party cannot be compelled into arbitration just because they are a signatory to an arbitration agreement. A bench of Justice Sanjay Kishan Kaul and Justice Sudhanshu Dhulia observed that the Consumer Protection Act is a piece of welfare legislation with the primary purpose of protecting the interest of...

Right To Civil Union, Adoption, Transgender Persons' Right To Marry: Where Supreme Court Bench Agreed & Disagreed In Marriage Equality Case

"There is a degree of agreement and a degree of disagreement on how far we have to go," remarked CJI DY Chandrachud as he commenced the pronouncement of the judgement denying the grant of legal recognition for queer marriages in India in open court yesterday. With four separate judgements authored by CJI DY Chandrachud, Justice SK Kaul, Justice Ravindra Bhat, and Justice PS Narasimha, a lot...