After-Notice Transfer Petitions To Be Listed Before Single Benches Also : Supreme Court Circular

The Supreme Court on Wednesday issued a circular stating that from now onwards, after-notice transfer petitions will also be listed before single judge benches, besides division benches. However, fresh transfer petitions will continue to be listed before single benches."It is hereby notified for information of the Members of the Bar, Party-in persons' and all concerned that the...

Regularisation Of Services | In The Absence Of Sanctioned Post, Govt Can't Be Compelled To Create Posts & Absorb Those In Service : Supreme Court

The Supreme Court, recently, reiterated that in absence of sanctioned posts, the State cannot be compelled to create posts and absorb people who are continuing in service of the State. It noted that Courts cannot direct for creation of posts. A Bench comprising Justice Ajay Rastogi and Justice Bela M. Trivedi was deciding a case pertaining to reinstatement and regularisation of members of...

Arbitration | Section 34 Application Must Be Filed Within 90 Days Limitation To Claim Exclusion Of Period When Court Remain Closed : Supreme Court

The Supreme Court has held that an application under Section 34 of Arbitration and Conciliation Act, 1996 must be filed within “prescribed period” of limitation i.e. 90 days, for seeking benefit of exclusion of period during which the Court remained closed from computation of limitation period. If the application is filed by invoking Proviso to Section 34(3) of Arbitration Act, which...

Supreme Court Monthly Digest March 2023

SUBJECT WISE INDEXAccess to JusticeFundamental right of Access to Justice - Abolition of OAT does not violate right of access to justice as cases will be heard by High Court - The fundamental right of access to justice is no doubt a crucial and indispensable right under the Constitution of India. However, it cannot be interpreted to mean that every village, town, or city must house every forum...

Shouldn't Seem That Government Is Preferring One Newspaper Over Other: Supreme Court In 'Eenadu' Plea Against AP Govt Order

While hearing a plea filed by the management of Telugu daily "Eanadu" against a scheme of the Andhra Pradesh Government which allegedly promotes the "Sakshi" daily controlled by the Chief Minister, the Supreme Court on Monday orally remarked, "it should not really appear that the government is making one newspaper a preferred newspaper".The Government Order in question sanctioned Rs.200/-...

Data Protection Bill Ready; Will Be Introduced In Parliament In Monsoon Session : AG Tells Supreme Court In WhatsApp Case

During the course of the hearing in pleas challenging the latest privacy policy of WhatsApp, on Tuesday, the Attorney General for India, Mr. R. Venkataramani, informed a Constitution Bench of the Supreme Court that the new Data Protection Bill is ready and would be introduced in the Monsoon Session of the Parliament that is to commence in July, 2023. A 5-Judge Bench comprising Justices KM...

Supreme Court Expresses Disapproval Of NGT Principal Bench Hearing Cases From Western Zone; Warns Of Contempt Action

The principal bench of the National Green Tribunal should know its limitations, said the Supreme Court on Monday. While expressing disapproval over the principal bench of the tribunal allegedly continuing to hear cases arising from the western zone in which they had taken suo motu cognisance, despite the top court’s strictures, Justice BR Gavai said: “There is a specific mandamus...

Supreme Court Issues Notice On AAP MLA Somnath Bharti's Plea To Transfer Case Pending In UP To Delhi; Stays Trial

The Supreme Court, on Monday, issued notice in a petition filed by former Law Minister of Delhi, Somnath Bharti seeking transfer of case pending before the Court of Additional Chief Judicial Magistrate, Sultanpur, Uttar Pradesh to Special Court, Additional Session Judge, Rouse Avenue Courts, New Delhi. A Bench comprising Justice SK Kaul and Justice Ahsanuddin Amanullah stayed the...

Supreme Court Dismisses Tamil Nadu Govt's Plea Challenging HC Judgment Lifting Conditions For RSS Route March

The Supreme Court, on Tuesday, dismissed the plea filed by the Tamil Nadu Government challenging the order of the Division Bench of the Madras High Court, which set aside conditions imposed by the Single Judge on the route march sought to be carried out by the Rashtriya Swayamsevak Sangh (RSS) in the State. The Apex Court also dismissed a separate plea filed by the State Govt assailing the...

Safety Measures In Courts | Supreme Court Directs High Courts To Submit Responses On CCTV Footage Installation To Amicus Curiae

Amid rising concerns over the safety of judges, lawyers, and litigants in courts across the country, the Supreme Court on Monday directed all high courts to submit their responses on the progress with respect to the installation of CCTV cameras in court premises to senior advocate and amicus curiae Siddharth Luthra. A bench of Justices Ravindra Bhat and Dipankar Datta was hearing a...

"Misconceived" : Supreme Court Dismisses Plea To Declare 2019 Congress Manifesto Unfair

The Supreme Court refused to entertain a petition seeking to declare the Congress manifesto for 2019 Lok Sabha polls as unfair. The bench comprising CJI DY Chandrachud, Justice PS Narasimha, and Justice JB Pardiwala remarked that the petition was "misconceived" and "devoid of any merit". Accordingly, the petition was dismissed. The petition filed by Adarsh Kumar Agrawal and Dr Seema Jain...

Pronouncing Operative Portion Without Preparing Entire Judgment Is Unbecoming Of A Judicial Officer: Supreme Court Upholds Dismissal Of Civil Judge

The Supreme Court on Monday upheld the penalty of dismissal from service for a Civil Judge on account of gross misconduct, setting aside the order of the Division Bench of the Karnataka High Court.The Apex Court opined that the appeals were allowed by the High Court through “a very strange order," in which not only the order of penalty was set aside along with the findings of the...