Supreme Court Dismisses Review Petitions Filed Against Judgment Upholding EWS Quota

The Supreme Court has dismissed the review petition filed against the Constitution Bench judgment which upheld the validity of the 103rd Constitutional Amendment which introduced 10% reservation for Economically Weaker Sections (EWS) in education and public employment.A 5 judge bench comprising Chief Justice of India DY Chandrachud, Justice Dinesh Maheshwari, Justice S Ravindra Bhat, Justice...

Supreme Court Weekly Digest (8th May 2023-14th May 2023)

Welcome to Live Law's Supreme Court Weekly Digest. This week's edition is particularly significant, marked by several landmark judgments that have captured the nation's attention. Notably, the Supreme Court rendered its decisions in the long-standing Shivsena dispute as well as the contentious Delhi versus Lieutenant Governor (LG) dispute on the same day. Furthermore, the Supreme Court...

Tamil Nadu Cultivating Tenants Protection Act | Late Payment Of Rent Despite Direction Of Revenue Court Valid Ground For Eviction : Supreme Court

The Supreme Court has ruled that failure to follow the direction of the Revenue Court regarding payment of rent, is a valid ground for effecting eviction of the cultivating tenant under Section 3 of the Tamil Nadu Cultivating Tenants Protection Act, 1955. The bench of Justices Krishna Murari and Ahsanuddin Amanullah was hearing an appeal against the decision of the Madras High Court, who...

Supertech Insolvency : Supreme Court Approves 'Project Wise Resolution' Plan

The Supreme Court has declined to grant any interim relief in respect of order passed by the National Company Law Appellate Tribunal (“NCLAT”) directing ‘project wise insolvency resolution process’ of Supertech Ltd.’s Eco Village-II project. The Bench has observed that constituting Committee of Creditors (CoC) for all the projects of Supertech Limited would affect the ongoing...

High Courts Can Issue Additional Directions While Considering Bail Pleas By Virtue Of Powers Under Article 226/227: Supreme Court

The Supreme Court recently held that the High Court even while deciding a bail application, has the power to issue other directions in the interest of justice, by virtue of its powers under Article 226 of the Constitution(Sanjay Dubey V State of Madhya Pradesh).. In this case, the High Court had directed departmental action against the appellant, a police officer, for dereliction of duty...

Supreme Court Laments Trial Judges Not Using Section 313(5) CrPC; Asks Judicial Academies To Take Notice

The Supreme Court recently opined that while recording the statement under Section 313 of CrPC in cases involving a large number of prosecution witnesses, the Judicial Officers should take benefit of Section 313 (5) of CrPC, which will ensure that the chances of committing errors and omissions are minimized.Section 313(5) CrPC says that the Court may take help of Prosecutor and Defence Counsel...

PMLA | Accused Not Entitled To Bail In Money Laundering Case Merely Because Chargesheet Has Been Filed In Predicate Offence : Supreme Court

The Supreme Court has held that the mere fact that chargesheet has been filed for the predicate offences is not a ground to release the accused on bail in connection with the offences under the Prevention of Money Laundering Act.A bench comprising Justices MR Shah and CT Ravikumar allowed an appeal filed by the Directorate of Enforcement challenging the order passed by the Telangana High...

Inquiry Proceedings Against Civil Servant Can Be Done Away With In National Security Interest : Supreme Court

Recently, the Supreme Court reiterated that inquiry proceedings of persons employed in civil capacities under the Union Government of the State Government can be done away with if the President or the Governor is satisfied that in the interest of security of the State it is not expedient to hold such an inquiry [clause (c) of second proviso to Article 311(2) of the Constitution of India]. A...

Non-Tribal Person's Right To Settle Down & Vote In Scheduled Areas Not Taken Away By 5th Schedule Of Constitution : Supreme Court

The Supreme Court, on May 10, dismissed a plea, inter alia, contending that the Representation of the People Act, 1950 and the Delimitation Act, 2002 are not applicable to the Scheduled Area in absence of the notification issued by the Governor of the State under Clause 5(1) of the Fifth Schedule of the Constitution of India.The Court also rejected the argument that the fifth schedule of...

IBC | No Modified Resolution Plan Can Be Directly Placed Before NCLT Without Being Finally Approved By The CoC: Supreme Court

The Supreme Court has held that if a modified resolution plan, carrying however minor modification/revision, is not finally approved by Committee of Creditors (CoC), then presentation of such modified plan before the Adjudicating Authority for approval is an incurable material irregularity. No modified resolution plan can be placed directly before the NCLT, without being finally approved by...

Supreme Court Upholds Withdrawal Of Customs Notification Granting Concession On Import Of Printing Machinery, On The Ground Of Indigenous Angle

The Supreme Court has upheld the withdrawal of a customs notification which granted customs duty concession to “Rotary Printing Machine” of ‘single width two plate variety’, on the ground of indigenous angle, i.e., availability of the equipment in India. The top court remarked that the same cannot be characterized as an irrelevant factor for withdrawing tax concession.Vide an...

Supreme Court Reprimands HUDA Authority For Filing Frivolous Appeal; Imposes Cost Of Rs. 1 Lakh

The Supreme Court has reprimanded the Haryana Urban Development Authority (“HUDA Authority”) for filing frivolous litigation over issues that have already been settled by the Apex Court in judgments dating back to 2005. The Bench comprising of Justice Abhay S. Oka and Justice Rajesh Bindal, while adjudicating an appeal filed in Haryana Urban Development Authority & Anr. v Jagdeep...