Supreme court
Supreme Court Criticises OERC For Challenging APTEL's Order, Says Quasi-Judicial Body Can't Be Aggrieved With Appellate Body's Order
The Supreme Court recently criticised the Orissa Electricity Regulatory Commission (OERC) for challenging the orders of the Appellate Tribunal for Electricity (APTEL) correcting the Commission's own order. Reminding the Commission that it was bound by the APTEL's order, the Supreme Court questioned the propriety of the Commission's appeal."..under Section 62, the Commission...
Parliamentary Or State Law Wouldn't Apply To Scheduled V Area Only If The Governor Notifies So: Supreme Court
The Supreme Court recently upheld the power of Municipal Councils to levy terminal tax within the limits of Scheduled Areas, dismissing an appeal brought by a coal mining company challenging the imposition of such taxes in Madhya Pradesh. The Court emphasized that Paragraph 5(1) of the Fifth Schedule grants the Governor the power to direct either that the parliamentary or state laws would...
SC/ST/OBC Reservation Will Be Given In Temporary Appointments Which Last For 45 Days Or More : Centre Tells Supreme Court
The Central Government has informed the Supreme Court that reservation for Scheduled Castes, Scheduled Tribes and Other Backward Classes will be given in temporary appointments which are to last for 45 days or more. It further said that instructions have been issued to all Ministries and Departments to strictly implement this reservation in temporary posts.Responding to a writ petition...
Acquittal In Criminal Proceedings Does Not Automatically Result In Discharge In Corresponding Disciplinary Proceedings: Supreme Court
The Supreme Court recently ruled that an acquittal in connected criminal proceedings does not entail any benefit in the surviving proceedings and thus does not automatically result in a corresponding discharge in disciplinary proceedings pending against an employee.A Division Bench of Justice Hrishikesh Roy and Justice Sanjay Karol clarified that the two proceedings operate in different...
'No Money Has Come To Manish Sisodia, How Will You Bring Him Under Money Laundering?' Supreme Court Asks ED In Delhi Liquor Policy Scam Case
The bail proceedings of Aam Aadmi Party (AAP) leader and former Delhi Deputy Chief Minister Manish Sisodia in the cases registered by the Central Bureau of Investigation (CBI) and the Directorate of Enforcement (ED) over the alleged Delhi liquor policy scam are currently ongoing before the Supreme Court. In today's marathon session, spanning approximately four and a half hours, the Supreme...
State Govt Has Power To Impose Permit Fee On Erection Of Mobile Towers : Supreme Court
The Supreme Court has held that a State Government has the competence to impose permit fee on the erection of mobile towers. The Court rejected the argument that State cannot realise permit fee on mobile towers in the absence of a Parliamentary law empowering it to do so.The Court upheld a judgment of the Chhattisgarh High Court which held that the Chhattisgarh Government had the competence...
'Visitation In Court Premises Not In Child's Interest' : Supreme Court Allows Father To Meet Child In Mall
In a matrimonial dispute related to a child's custody, the Supreme Court recently modified a condition imposed by the Family Court requiring the father to meet the child in the premises of the Court.The Family Court had allowed the father to have visitation rights of the child on Sundays between 11:00 a.m. to 04:00 p.m at Court premises. Since the Kerala High Court did not interfere with...
'Article 142 Can't Be Invoked Against Statute' : Supreme Court Refuses To Extend Time Under SARFAESI Rules For Purchaser's Deposit
The Supreme Court on Wednesday (04.10.2023) held that the inherent powers of the Supreme Court under Article 142 of the Constitution of India though wide in its amplitude, cannot be exercised to supplant the substantive law applicable to the case or to the cause under consideration of the court. “It cannot be gainsaid that the court in exercise of powers under Article 142 cannot ignore...
AFT Chandigarh Bar Association Writes To CJI Alleging Defence Minister Admitted Interference In Transfer Of Justice DC Chaudhary
The Armed Forces Tribunal Chandigarh Bar Association (AFTCBA) has written to Chief Justice Of India DY Chandrachud alleging that Defence Minister has openly admitted interference of the Ministry in the transfer of Judicial Member Justice Dharam Chand Chaudhary, just before he could hear the case of contempt against an officer of Defence Accounts Department.Referring to a video of an...
Supreme Court 7-Judge Bench Examines Scope Of Immunity For MPs/MLAs Taking Bribes For Speech/Vote In Legislatures
A constitution bench of the Supreme Court on Wednesday questioned whether immunity should be granted to legislators accused of corruption, merely on an apprehension that the absence of such immunity could be misused by the executive to target political opposition.A seven-judge bench of Chief Justice of India DY Chandrachud, and Justices AS Bopanna, MM Sundresh, PS Narasimha, JB Pardiwala,...
Orders Extending Limitation Period During Covid-19 Also Apply To Period Up To Which Delay Can Be Condoned: Supreme Court
The Supreme Court on Tuesday (03.10.2023) set aside an order of the Calcutta High Court that had refused to take on record a written submission on the ground of delay. The Apex Court held that the benefit of the series of orders passed by the Supreme Court in In Re: Cognizance for Extension of Limitation, extending the period of limitation in light of the Covid-19 pandemic, would enure to...
Hindu Marriage Can Be Dissolved Through Customary Divorce If Existence Of Such A Customary Right Is Established : Supreme Court
The Supreme Court observed that a Hindu marriage can be dissolved through a customary divorce deed, provided the existence of such a customary right is established.This is by virtue of Section 29(2) of the Hindu Marriage Act 1955, which states the none of the provisions of the Act will affect any right recognised by custom or conferred by any special enactment to obtain the dissolution of a...