Supreme court
Existence Of An Alternate Remedy Cannot Exclude Writ Jurisdiction Of High Court : Supreme Court
The Supreme Court reiterated that the existence of an alternate remedy by itself cannot exclude the writ jurisdiction of the High Court. "A constitutional remedy cannot be barred or excluded as when the High Court exercises its power under Article 226, it cannot be a case of lack of inherent jurisdiction.", the bench of Justices KM Joseph and Hrishikesh Roy observed while considering...
"Idea Is To Give Immediate Democracy To J&K" : Centre Says On Delimitation In Jammu & Kashmir; Supreme Court Reserves Judgment
The Supreme Court, on Thursday, reserved judgment in the plea, inter alia, challenging the delimitation exercise undertaken in the Union Territory of Jammu and Kashmir pursuant to the recent notifications.On Wednesday, the Bench comprising Justices Sanjay Kishan Kaul and A.S. Oka had heard the submissions of Senior Advocate, Mr. Ravi Shankar Jandhyala, representing the petitioners. His...
Animals Have No Rights Under Constitution; Jallikattu Not A Mere Sport, Has A Societal Purpose : TN Govt Tells Supreme Court
A 5 judge Constitutional bench headed by Justice KM Joseph and comprising Justices Ajay Rastogi, Aniruddha Bose, Hrishikesh Roy and CT Ravi Kumar, is hearing a batch of petitions challenging constitutionality of laws permitting Jalikattu, Kambala and bull-cart race in states like Tamil Nadu, Karnataka and Maharashtra. Senior Advocate Kapil Sibal representing the State of...
"Is There A Compelling Reason To Release GM Mustard Now?": Supreme Court Asks Centre Reasons For Deviating From Expert Committee's Opinion
Is there a compelling reason for the environmental release of the genetically modified herbicide-tolerant mustard crop at this stage, and will such release have an irreversible adverse effect on the environment, the Supreme Court of India asked the Centre on Wednesday. A Division Bench comprising Justices Dinesh Maheshwari and B.V. Nagarathna was hearing a batch of petitions seeking a ban on...
Ludhiana Bar Election Has To Be Rescheduled As Voters' List Not Yet Ready : P&H Bar Council Tells Supreme Court
On Thursday, the State Bar Council of Punjab and Haryana informed the Supreme Court, that the District Ludhiana the Bar Council election programme which is proposed to be conducted on 16th December, 2022 ought to be rescheduled in view of the fact that the State Bar Council is yet to finalise the voters' list.The matter was mentioned by an applicant who had filed an application for stay of...
Anticipatory Bail Can't Be Set For A Limited Period, Supreme Court Says
While hearing an application seeking anticipatory bail, the Supreme Court of India on Thursday stated that it can't be set for a limited time frame."How can an anticipatory bail be limited to four weeks?!", asked a Bench of Justices MR Shah and Sudhanshu Dhulia.The Bench was hearing an appeal filed by politician Monirul Islam challenging an order of the Calcutta High Court that had granted...
![Supreme Court Weekly Digest With Nominal And Subject/Statute Wise Index [November 21 – 30, 2022]](https://www.livelaw.in/h-upload/2022/03/14/500x300_412056-supreme-court-weekly-digest-with-nominal-subject-wise-and-statute-wise-index.jpg "Supreme Court Weekly Digest With Nominal And Subject/Statute Wise Index [November 21 – 30, 2022]")
Supreme Court Weekly Digest With Nominal And Subject/Statute Wise Index [November 21 – 30, 2022]
Arbitration and Conciliation Act, 1996; Section 11(6) - The court at the referral stage can interfere only when it is manifest that the claims are ex facie timeÂbarred and dead, or there is no subsisting dispute. In the context of issue of limitation period, it should be referred to the Arbitral Tribunal for decision on merits. Similar would be the position in case of disputed...
'Don't Waste Time Gossiping In Canteen; Sit In Court & Observe How Other Advocates Argue': Supreme Court Judge Advises Young Lawyer
'Don't waste your time gossiping in the Court canteen, in your free time, sit in Court and observe how other advocates are arguing', was the advice that Supreme Court judge Justice MR Shah passed on to a young advocate on Thursday.Recalling his initial days in Court, Justice MR Shah said that he was often asked to sit in courts and observe how other advocates were arguing their cases."Sit...
Earlier Judgments Were Cited By Mentioning The Name Of Author Judge, Now It Has Changed : CJI DY Chandrachud
Chief Justice of India DY Chandrachud on Thursday, while dealing with a matter pertaining to insurance, highlighted that there had been a "marked departure" in the way precedents were cited in judgements. He stated that while earlier it was common for judges to refer to cases by naming the judge who had authored the judgement, it was no longer the case now. Now cases are cited by...
'Arrest Memo, Body Search Memo Not Proved; Site Plan Incorrect' : Supreme Court Sets Aside Conviction Under NDPS Act
The Supreme Court recently acquitted a person, who was sentenced to 10 years imprisonment and pay Rs 1 lakh fine for the offence of possessing charas. Granting him benefit of doubt due to the lacunae and gaps in the prosecution, a bench comprising Justices Sanjiv Khanna and JK Maheshwari set aside the conviction of the appellant under Section 20 of the Narcotic Drugs and Psychotropic...
UP Awas Evam Vikas Parishad's Function Does Not Include Fixing its Employees' Service Conditions : Supreme Court
The Supreme Court has reiterated and held that "where an enactment requires to do a certain thing in a certain way, the thing must be done in that way and in no other manner" in the judgment of State of U.P. & Ors. vs. Virendra Kumar & Ors. A bench of Justices Sanjay Kishan Kaul, Abhay S. Oka and Vikram Nath have delivered the judgment which has been authored by Justice Abhay...