Supreme court
Without Independent And Fearless Judges, India Will Enter A Dark Age : Former SC Judge Justice RF Nariman
Without independent and fearless judges the judiciary would fall and India would enter a new dark age, retired Justice Rohinton Nariman said at a lecture in Mumbai on Friday. "If you don't have independent and fearless judges, say good bye. There is nothing left. As a matter of fact, according to me, if finally, this bastion falls, or were to fall, we will enter the abyss of a...
Sitting On Names Recommended By Collegium Deadly, Against Democracy: Retired Justice RF Nariman Says SC Should Set Strict Deadline For Collegium Resolutions
The Supreme Court of India should constitute a five-judges bench to tie all loose ends of the Memorandum of Procedure for the appointment of Judges, and lay down a strict deadline for the government to respond to the collegium resolutions or else it should be taken that the government has nothing to say, and appointments should be done, Justice (Retd) Rohinton Nariman said on...
Mhadei River Dispute : Supreme Court Agrees To List Before February 13
The Supreme Court on Friday agreed to list an application filed by State of Goa challenging the Central Water Commission's (CWC) approval of the Karnataka government’s detailed project report (DPR) for the construction of dams on Mhadei river which will lead to diversion of Mhadei river water into Karnataka. The matter was mentioned by Senior Advocate Venkatesh Dhond before a bench...
Supreme Court Directs Defaulting States/UTs To Upload Information About Mental Health Facilities In Centre's Online Portal
The Supreme Court, while hearing a petition seeking rehabilitation of thousands of mentally ill patients who are languishing in hospitals or mental asylums, directed five States/Union Territories to upload information concerning mental health facilities in the online dashboard created by the Ministry of Social Justice and Empowerment. The matter was listed before a bench comprising Chief...
'Don't Involve Lawyers In Your Family Dispute' : Supreme Court On Lalit Modi's Social Media Post Against Mukul Rohatgi
As the Modi family feud escalates, the Supreme Court on Friday urged the founder of the Indian Premier League, Lalit Modi to take down social media posts made by him against his family members and also against Senior Advocate and former Attorney-General Mukul Rohatgi, who is representing his mother Bina Modi. While a bench of Justices Sanjiv Khanna and M.M. Sundresh refused to pass...
Supreme Court Refuses To Consider Bail Applications Of Lawyers Arrested For Vandalism In Odisha Court Premises
The Supreme Court, on Friday, refused to entertain bail applications of the lawyers who had indulged in vandalism in court premises during their strike demanding formation of new Benches of the Orissa High Court.The Counsel appearing on behalf of the Central Action Committee (CAC) of all Bar Associations of Western Odisha, submitted that about 30 advocates, including 4 women, are behind the...
Can Employee Insured Under ESI Act Claim Motor Accident Compensation? Supreme Court Refers To Larger Bench
Can an employee insured under the Employees’ State Insurance Act, 1948, claim compensation under the Motor Vehicles Act? The Supreme Court has referred this issue to larger bench.The question referred is whether the insurance amount paid under the ESI Act is a “similar benefit” as the compensation which is claimed in a motor accident claim.In this case, the Allahabad High Court held...
‘Leave Temple To Religious People’: Supreme Court Dismisses AP Govt Challenge To HC Order Against Govt Taking Over Ahobilam Mutt Temple
The Supreme Court, on Friday, refused to entertain Andhra Pradesh Government’s plea assailing High Court’s order, which held that State's decision to appoint 'Executive Officer' to control and manage the affairs of Ahobilam Temple in Kurnool is violative of A. 26(d) of the Constitution and affects the Mathadipathi’s right of administration.The State’s plea came up for hearing before...
Delhi Mayor Polls | Supreme Court To Hear AAP Leader's Plea For Early Election Of MCD Mayor On Feb 3
The Supreme Court on Friday listed plea concerning timely conduct of Delhi Mayor Elections on 3rd February 2023. The matter was mentioned by Senior Advocate AM Singhvi before a bench comprising Chief Justice DY Chandrachud and Justice Dipankar Datta.The petition has been filed by Aam Aadmi Party's mayor candidate Dr Shelly Oberoi demanding timely conduct of Delhi mayoral elections.The Delhi...
Supreme Court Sets Aside Bail Condition To Deposit Rs 70 Lakhs In Case For Wrongfully Claiming ITC
The Supreme Court has overturned a bail condition imposed by the High Court that a person accused of illegally claiming Input Tax Credit must deposit deposit Rs. 70 lakhs, the alleged amount of improperly claimed ITC.The petitioner contended that there was no final assessment in respect of the wrongful availment of ITC under the GST Act. Hence, it cannot be presumed that the appellant is under...
Supreme Court Annual Digest 2022- SARFAESI Act 2002
Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 - After the CIRP is initiated, all actions including any action under the SARFAESI Act to foreclose, recover or enforce any security interest are prohibited. (Para 24, 35) Indian Overseas Bank v. RCM Infrastructure Ltd; 2022 LiveLaw (SC) 496 : AIR 2022 SC 2687 : (2022) 8...