Supreme court
View That Default Bail Cannot Be Cancelled On Merits Will Reward Lethargic Investigation : Supreme Court
The Supreme Court, on Monday, held that when special reasons are made out from the chargesheet and the chargesheet reveals commission of non-bailable crime, default bail granted to an accused under proviso to Section 167(2) CrPC can be cancelled.The question that arose in the case was whether default bail can be cancelled after presentation of chargesheet, when it was granted for not filing...
Delhi Govt vs Centre : How The Interpretation Of "In So Far As" In Article 239AA Might Be Crucial
The case concerning the dispute between the Delhi Government and the Union Government regarding control of administrative services in the National Capital Territory of Delhi is being heard in the Supreme Court of India before a Constitution Bench. The five-judge bench hearing the matter comprises Chief Justice DY Chandrachud and Justices M. R. Shah, Krishna Murari, Hima Kohli, and P....
Voters Given Prior Notice Before Deleting Their Names From Electoral Roll : ECI Tells Supreme Court
In a plea seeking a common electoral roll for parliamentary, assembly and local body polls, the Election Commission of India has recently filed its counter affidavit. On Monday, when the matter was taken up for hearing, the Counsel appearing on behalf of the petitioner apprised the Bench comprising Justice K.M. Joseph and Justice B.V. Nagarathna that the petitioner has received the counter...
Bhima Koregaon Case Accused Cite Anand Teltumbde Order To Seek Bail; Supreme Court To Hear On Jan 30
“We are in 2023 now and still, charges have not yet been filed,” Senior Advocate Rebecca John told the Supreme Court on Monday, while appearing for activist and Bhima Koregaon accused Vernon Gonsalves, who has been lodged in jail since August 2018 for charges under the Unlawful Activities (Prevention) Act, 1967. A division bench of Justices Aniruddha Bose and Sudhanshu Dhulia was hearing...
Supreme Court Refuses To Pass Order Allotting Father's Chambers To Daughter Pursuing Law
On Monday, the Supreme Court of India asked the daughter of a deceased Advocate seeking allotment of her father's chambers (Supreme Court) to write to Lawyers' Chambers Allotment Committee of the Court. A Bench of Justice MR Shah and Justice CT Ravikumar passed the order while hearing the petitioner, who appeared in-person. “How can we pass an order that though you are not...
Buffer Zone : Supreme Court Refers Pleas To Modify 1 KM ESZ Mandate To 3-Judge Bench
The Supreme Court on Monday directed the batch of pleas seeking a relaxation of the directive to declare one kilometre around protected forests as ecologically sensitive zones (ESZ) to be listed before a combination of three Judges. A division bench comprising Justices B.R. Gavai and Vikram Nath was hearing the petitions filed by, inter alia, the governments of Kerala and Tamil Nadu, as well...
Difference In Pay-scale Based On Academic Qualifications Valid Even If Nature Of Work Is The Same : Supreme Court
The Supreme Court bench comprising Justices MR Shah and CT Ravi Kumar have held that academic qualifications are a valid criteria to differentiate pay scale for different employees even when the nature of the work undertaken by them is more or less the same. Issue posed before the Top CourtThe issue before the top court was, "Whether in a case where the educational qualifications for the post...
Supreme Court Dismisses PIL Seeking To Bring UP CM Under Purview Of UP Lokayukta Act
Supreme Court of India on Monday refused to entertain a petition seeking to bring the office of Chief Minister in the purview of Lokayukta Act of the State of Uttar Pradesh. The matter was listed before a bench comprising Chief Justice DY Chandrachud, Justice PS Narasimha, and Justice JB Pardiwala. At the outset, CJI DY Chandrachud enquired the petitioner on who was the court supposed to...
Sec 24(2) RFCTLARR Act - Benefit Of Lapse Not Available If Delay In Taking Possession Was Due To Pending Litigation: Supreme Court
The Supreme Court bench comprising Justices MR Shah and CT Ravi Kumar has held that delay in taking possession of land because of a pending litigation does not entitle the original owner of the land the benefit of lapse under Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. Facts of the Civil Appeal with its...
Supreme Court Annual Digest 2022- Limitation Act
Limitation Limitation - Suo Motu Order Extending Limitation - Even the period of limitation which could have been extended and/or condoned by the Tribunal/Court is excluded and/or extended even up to 07.10.2021. (Para 2) Centaur Pharmaceuticals Pvt. Ltd. v. Stanford Laboratories Pvt. Ltd., 2022 LiveLaw (SC) 26 Limitation - When the proceedings are required to be initiated within...
Joshimath Crisis | Supreme Court Refuses To Intervene, Allows Petitioner To Approach High Court
The Supreme Court of India on Monday refused to entertain the petition pertaining to the recent land sinking incidents in Joshimath on the ground that the Uttarakhand High Court was already seized of the matter. The PIL, filed by religious leader Swami Avimukteshwaranand Saraswati, was listed before a bench comprising Chief Justice DY Chandrachud, Justice PS Narasimha, and Justice JB...
'Let There Be Investigation' : SC Dismisses BJP Leader Shahnawaz Hussain's Plea Challenging Direction To Register FIR In Rape Case
The Supreme Court on Monday dismissed an SLP filed by BJP Leader Syed Shahnawaz Hussain in connection with an alleged 2018 rape case. Hussain had approached the top court challenging an order of the Delhi High Court directing registration of FIR against him. The Supreme Court had earlier stayed all proceedings against him in the matter. However, during Monday's hearing, the bench...