Supreme court
Fake Motor Accident Claims: Supreme Court Seeks Status Reports From States, Asks Bar Councils About Actions Against Errant Advocates
A Division Bench of the Supreme Court resumed its hearing concerning the filing of fake claim petitions for getting compensation under the Motor Vehicles Act. The Bench, comprising Justices Sanjiv Khanna and S.V.N. Bhatti, directed the State governments to file up-to-date status reports regarding fake claims and actions taken. Further, the State governments were also asked to inform the...
Bar Association Can't Abstain From Court To Condole Lawyer's Death: Supreme Court Issues Notice To Odisha Bar Association
The Supreme Court on Tuesday issued notice to a bar association in Odisha for abstaining from court work for a day citing the death of one of its members. Taking a critical view of the decision of the Raigarh Bar Association, the Court said that even though the death of a lawyer is an unfortunate incident, it cannot be a reason to bring the judicial work to a standstill.A bench...
Supreme Court Weekly Roundup: 4-10th September, 2023
Judgments/OrdersPreventive Detention Laws Are Exceptional Measures, Not To Be Invoked When Ordinary Criminal Law Provides Remedies: Supreme CourtCase Title: Ameena Begum v. The State of Telangana & Ors.Citation: 2023 LiveLaw (SC) 743The Supreme Court has stated that preventive detention laws are an 'exceptional measure reserved for tackling emergent situations' and must not be used as a...
Supreme Court Refuses To Recall Judgment Holding That Ayurved Doctors Can't Have Equal Pay As Allopathy Doctors; Asks Parties To Seek Review
The Supreme Court on Tuesday refused to entertain applications seeking recall of its judgment delivered on April 26, 2023, which held that Ayurved doctors cannot claim equal pay as Allopathy doctors. However, the Court has left open the remedy of filing a review petition against the judgment.The Court also deferred the hearing of an application filed by the National Commission for Indian...
No Bar In Assessee Seeking Restoration Of Appeal After Being Unsuccessful In Availing Amnesty Scheme: Supreme Court
The Supreme Court has ruled that since appeal is a statutory remedy, the assessee cannot be barred from seeking restoration of the appeal which was withdrawn by him as a pre-condition for availing the benefit under an Amnesty scheme, if the assessee is subsequently unsuccessful in availing the benefit of the scheme.The top court remarked that the appellate authority as well as the Kerala...
Supreme Court Dismisses Axis Bank's Appeal, Upholds Condonation of Delay In CIRP By SBI Against Corporate Debtor
The Supreme Court today dismissed an appeal by Axis Bank Limited(appellant), thereby affirming the condonation of delay in initiating the Corporate Insolvency Resolution Process (CIRP) by the State Bank of India (SBI) against a corporate debtor under Section 7 of Insolvency and Bankruptcy Code(IBC), 2016.The Court observed, “For all reasons recorded above, no merit in appeal the same...
IBC- Admitting Claims After Resolution Plan Has Been Accepted By COC Would Make CIRP An Endless Process: Supreme Court
The Supreme Court on Monday said that admitting claims after the Resolution Plan has been accepted by the Committee of Creditors (COC) under Insolvency and Bankruptcy Code, 2016 (IBC) even though the Adjudicating Authority has yet to approve the plan, would make the Corporate Insolvency Resolution Process (CIRP) an endless process. The Apex Court was considering whether the claim pertaining...
Article 20(1) Of Constitution Doesn't Bar Retrospective Application Of Procedural Changes In Criminal Trial : Supreme Court
A Supreme Court constitution bench on Monday(September 11) reiterated that any change in procedure after an offence is committed would not be unconstitutional on grounds of the bar on the retrospective application of ex post facto laws contained in Article 20(1) of the Constitution, since procedural matters were not covered by the said clause. While holding that its...
Supreme Court Disapproves Of High Court Order Limiting Bail To Three Months
The Supreme Court recently disapproved of an order passed by a High Court which restricted the bail to a particular period."Once the High Court came to the conclusion that the accused was entitled to bail, there was no reason to restrict the bail to the period of three months", the Court observed in the case Ranjit Digal vs State of Odisha.In this case, the Orissa High Court granted interim...
Promotion Given To Employee Continuing In Service On Strength Of Interim Order Will Lose Effect Once Petition Is Dismissed : Supreme Court
If an employee who is continuing in service on the strength of an interim order gets a promotion, such promotion will get nullified once the interim order is dismissed, held the Supreme Court recently.The Court was considering a challenge to a judgment passed by the Division Bench of the Allahabad High Court, as a result of which the services of the petitioner, a temporary Collection Peon,...
