'Production Of Accused In Court Fundamental To Criminal System': Supreme Court Refuses To Entertain PIL Seeking To Produce Undertrials In Court Virtually

The Supreme Court, on Tuesday, refused to entertain a Public Interest Litigation seeking directions to prevent undertrial prisoners from being produced in court to ensure safety of judges, prisoners and others inside the courtroom. The matter was heard by a bench comprising Chief Justice UU Lalit, Justice Ravindra Bhat and Justice Bela M. Trivedi. While advising the petitioner to withdraw...

No Offence Under Section 138 NI Act If Cheque Is Presented For Full Amount Without Endorsing Part Payment Made By Borrower : Supreme Court

In a significant judgment, the Supreme Court on Tuesday held that no offence for dishonour of cheque under Section 138 of the Negotiable Instruments Act is made out if the cheque is presented for the full amount without endorsing the part-payment made by the borrower after the issuance of the cheque.The Court held that the sum reflected on the cheque will not be the "legally enforceable debt"...

CJI UU Lalit Recommends Justice DY Chandrachud As The Next Chief Justice Of India

Chief Justice of India Uday Umesh Lalit has written to the Union Government recommending the name of Justice Dhananjaya Y Chandrachud, the second senior judge of the Supreme Court, as the next Chief Justice of India.CJI Lalit handed over the letter designating the successor CJI to Justice Chandrachud today at 10.15 AM. CJI Lalit had requested all judges of the Supreme Court to assemble at...

"State Of West Bengal Usurped Powers Of Chancellor" : Supreme Court Affirms Quashing Of Calcutta University VC's Reappointment

The Supreme Court on Tuesday observed that the State of West Bengal usurped the powers of the Chancellor (WB Governor) while re-appointing Sonali Chakravarti Banerjee as the Vice-Chancellor of the Calcutta University.Holding so, the Court dismissed the petitions filed by the State of West Bengal and Banerjee assailing the order of the Calcutta High Court, whereby the decision of the State...

Supreme Court Astounded By Plea To Declare Fundamental Rights As Unconstitutional, Notes The Irony In Petitioner Invoking Article 32

A Division Bench led by Justice K.M. Joseph of the Supreme Court of India on Friday rejected a petition seeking a declaration that the Fundamental Rights enshrined in Part III of the Constitution were "ultra vires the Constitution and void ab initio". The case of the petitioner appearing in person was that the impugned Part was "contradictory to the true spirit of the Preamble...

Supreme Court Extends Tenure Of Judicial Members Of Karnataka Administrative Tribunal Till Further Orders

The Supreme Court, on Monday, in exercise of power under Article 142 of the Constitution of India, directed the incumbent judicial members of the Karnataka State Administrative Tribunal to continue in office till further order, subject to their agreeing to the same. Advocate, Mr. Rajesh Mahale appearing on behalf of the petitioner submitted that at present there is one vacancy...

Indian Olympic Association Constitution : Supreme Court Requests Justice Nageswara Rao To Consider Requirements Of International Olympic Committee (IOC)

The Supreme Court, on Monday, noted that its former Judge, Justice L. Nageswara Rao, appointed to take over the process of amending the sports body's constitution, preparing its electoral rolls, and conducting elections to the executive body of the Indian Olympic Association (IOA), is at liberty to take a holistic perspective while amending the Constitution of the Indian...

Supreme Court Weekly Digest With Nominal And Subject/Statute Wise Index (Citation 815 - 828) [October 1 –9, 2022]

Arbitration and Conciliation Act 1996 - Interest - Party not entitled to interest for the period during which the proceedings were deliberately delayed-A party cannot be permitted to derive benefits from its own lapses. [Para 12 to 14] Executive Engineer (R and B) v. Gokul Chandra Kanungo, 2022 LiveLaw (SC) 824 Arbitration and Conciliation Act, 1996; Section 11 - Court...

"Serious Apprehensions Of Threatening Witnesses" : Supreme Court Asks Gali Janardhan Reddy To Remain Out Of Bellary District During Mining Scam Case Trial

The Supreme Court has refused to completely lift the bail condition imposed on former Karnataka Minister Gali Janardhan Reddy that he should not enter Bellary district while the trial in the multi-crore illegal mining case is going on.However, the Court has granted the mining baron a temporary relief by permitting him to visit and stay at Bellary district till November 6 on account of...

Supreme Court Issues Notice On Plea Challenging Unilateral Extra Judicial Talaqs

Supreme Court bench comprising of Justices S. Abdul Nazeer and J. B. Pardiwala today issued notice on a plea filed seeking to declare all forms of unilateral extra judicial Talaqs including Talaq-e-Kinaya and Talaq-e-Bain as void and unconstitutional for being arbitrary irrational and contrary to Article 14, 15, 21 and 25 of the Constitution of India.Advocate Ashwini Kumar Upadhyay appearing...

How Many Criminal Cases Against MPs/MLAs Pending For Over 5 Years? Supreme Court Seeks Information From High Courts

The Court has also lifted an earlier condition which mandated its permission for transfer of judges presiding over Special MP/MLA Courts.

Supreme Court Pulls Up Rajasthan Govt Over Unsatisfactory Affidavit On COVID-19 Death Compensation

The Supreme Court on Monday pulled up the Rajasthan Government over an "unsatisfactory" affidavit filed regarding the steps on ex-gratia payment to the family members of people who had died due to CoVID-19. The bench observed that, "Affidavit filed by the Rajasthan Government is not satisfactory at all.""State is not doing any charity. There is a direction issued by this court and...