Supreme court
Pay Junior Lawyers Decently, Let Them Brief and Argue: Justice Abdul Nazeer In Farewell Speech
On his final day as a judge of the Supreme Court, Justice S. Abdul Nazeer echoed a sentiment that has been expressed by other members of the judicial fraternity in the past with respect to remunerating junior members of the bar fairly and allowing them to brief and argue in matters. Speaking at his farewell function organised by the Supreme Court Bar Association, Justice Nazeer said,...
IBC - Delay In Filing CIRP Application Condonable On Sufficient Reasons : Supreme Court
The Supreme Court observed that delay in initiating Corporate Insolvency Resolution Process (CIRP) is condonable on sufficient grounds.The bench of Justices Ajay Rastogi and C T Ravikumar noted that the Limitation Act, 1963 are applicable to applications filed under Sections 7 and 9 of IBC. It be so, the position is that the period of limitation is three years from the right to apply accrues...
'Against Natural Justice': Supreme Court Quashes CBI Investigation Against Former Uttarakhand CM Trivendra Singh Rawat
On Wednesday, the Supreme Court of India set aside a Uttarakhand High Court order which had directed the Central Bureau of Investigation to investigate the corruption allegations against former Chief Minister of Uttarakhand Trivendra Singh Rawat.A Bench of Justices MR Shah and CT Ravikumar noted that the former CM was not a party before the High Court and that the High Court did not hear...
Section 59 Companies Act 2013 - NCLT Cannot Excercise Parallel Jurisdiction With SEBI For Addressing Violations Of SEBI Regulations: Supreme Court
The Supreme Court has held National Company Law Tribunal under Section 59 of Companies Act, 2013, cannot excercise a parallel jurisdiction with Securities and Exchange Board of India6 for addressing violations of the Regulations framed under the SEBI Act.The court held that rectificatory jurisdiction of the NCLT under Section 59 of the Companies Act,2013, is summary in nature. It is not...
Justice Abdul Nazeer Agreeing To Unanimous Verdict In Ayodhya Case Shows His 'Nation First' Attitude : SCBA President
When Justice S. Abdul Nazeer, as the only Muslim judge on the Constitution Bench deciding the controversial Ayodhya land dispute and in the Supreme Court itself, agreed to pronounce a unanimous verdict, not only did he defy expectations, but he also demonstrated his commitment to secularism and his willingness to serve the judicial institution as a ‘true Indian’, Senior Advocate and...
CBI Tells Supreme Court It Won't Be Filing Counter-Affidavit In Subramanian Swamy's Plea For Probe Against RBI Officials In Banking Scams
The Solicitor General of India, Tushar Mehta informed the Supreme Court that the Central Bureau of Investigation will not be filing its response in a plea moved by Dr. Subramanian Swamy seeking CBI inquiry into the role of Reserve Bank of India officials in various banking scams."I'll submit as to why CBI should not file counter because investigations are going on. In all A, B, or C bank...
Supreme Court Stays HC Direction To Conduct UP Local Body Elections Without OBC Quota
The Supreme Court on Wednesday stayed the Allahabad High Court's direction to the Uttar Pradesh State Election Commission to notify the Urban Local Body Polls without OBC reservation.Also, to ensure smooth administration in local bodies whose terms have expired, the Court allowed the delegation of powers to a 3-member body headed by the District Magistrate, with a condition that no major...
Justice Bela Trivedi Recuses From Hearing PILs Challenging Premature Release Of Gangrape-Murder Convicts In Bilkis Bano’s Case
Supreme Court judge, Justice Bela M. Trivedi, on Wednesday, recused from hearing the Public Interest Litigations challenging the order of Gujarat Government allowing premature release of 11 convicts sentenced to life in the Bilkis Bano case for gangrape & murder during 2002 Gujarat Riots.The recusal is seemingly on the basis that Justice Trivedi was deputed as the Law Secretary of the...
Minister's Speech A 'Constitutional Tort' If It Leads To Acts Of Officers Harming Persons : Supreme Court
In a significant development, a Constitution Bench of the Supreme Court on Tuesday said that a statement by a minister would be actionable as a constitutional tort if such a statement leads to an act or omission by officers of the state resulting in harm or loss to a person or citizen.“A mere statement made by a Minister, inconsistent with the rights of a citizen under Part III of...
'Been Paying House Tax For Years, Have Aadhaar Cards' : Haldwani Residents Tell Supreme Court Challenging Railways' Eviction Orders
The Supreme Court of India is likely to hear tomorrow the batch of petitions challenging against the Uttarakhand High Court order based on which demolitions in Haldwani were carried out. The matter was mentioned before a bench comprising Chief Justice DY Chandrachud, Justice Abdul Nazeer and Justice PS Narasimha by Advocate Prashant Bhushan.The petition highlights that the petitioners are...
Negotiable Instruments Act: All India High Courts Digest 2022
LiveLaw reported almost 7,000 orders and judgments in 2022 from various High Courts across the country. Here are some important decisions relating to the Negotiable Instruments Act, 1881:1. Director Can't Be Prosecuted U/S 138 NI Act When He Is Not Involved In Day To Day Affairs Of The Company: Allahabad High Court Case Title : Jatinder Pal Singh vs M/S Statcon Power...