Do MPs/MLAs Have Immunity From Prosecution For Offence Of Taking Bribes For Votes In Legislature? Supreme Court To Hear On Nov 15

The Supreme Court, on Wednesday, decided to commence with the hearing of the plea pertaining to the issue whether Article 194(1)/105 of the Constitution of India grants immunity to MLAs /MPs from being prosecuted for an offence involving offer or acceptance of bribe to cast vote in the legislature on 15th November, 2022. A 5-Judge Bench comprising Abdul Nazeer, B.R. Gavai, A.S....

Supreme Court Pulls Up Centre For Not Deciding Mercy Petition Of Death Row Convict Balwant Singh Rajoana Within Time Limit

The Supreme Court of India on Wednesday took exception to the lackadaisical attitude of the Central government in not considering the mercy petition filed by death row convict Balwant Singh Rajoana, in the Chief Minister Beant Singh assassination case. On May 2, the Supreme Court had directed the Central Government to decide the mercy plea of death row convict Balwant Singh Rajoana within...

Can Greater Restrictions Be Imposed On Freedom Of Speech Of Ministers? Supreme Court Constitution Bench To Hear On Nov 15

The Supreme Court, on Monday, decided to commence with the hearing of pleas pertaining to the limits of right to freedom of speech and expression for public functionaries, on 15th November, 2022.While briefly hearing the substratum of the matter, a 5-Judge Bench comprising Justices S. Abdul Nazeer, B.R. Gavai, A.S. Bopanna, V. Ramasubramanian and B.V. Nagarathna indicated that restrictions on...

'Litigant Can't Be Expected To Wait Indefinitely For Reasons': Supreme Court Once Again Stresses On Need To Deliver Judgments Soon

The Supreme Court has once again stressed on the need to immediately deliver judgments by observing that a litigant cannot be expected to wait indefinitely for availability of the reasons for a Court Order.In this case, a party to election petition filed an an application under Order VII Rule 11 of the Code of Civil Procedure, 1908 in the High Court for Telangana. An order was pronounced...

Suit Is Liable To Be Dismissed If A "Necessary Party" Is Not Impleaded : Supreme Court

The Supreme Court observed that a suit is liable to be dismissed if a "necessary party" is not impleaded.For being a necessary party, according to the court, the twin test has to be satisfied (1) there must be a right to some relief against such party in respect of the controversies involved in the proceedings (2) that no effective decree can be passed in the absence of such a party.Order I...

Additional Seats Approved So That EWS Quota Won't Impact General, SC/ST/OBC Seats : Centre Tells Supreme Court

The Union of India has informed the Supreme Court that additional seats have been approved in central educational institutions to ensure that there is no adverse impact due to the implementation of the reservation for Economically Weaker Sections(EWS).The Centre said that 2,14,766 additional seats have been approved in that regard.The affidavit by the Ministry of Social Justice pointed out...

AIBE-Validity Of All India Bar Examination- Supreme Court Constitution Bench Reserves Judgment- LIVE UPDATES

#SupremeCourt to continue hearing the challenge against the All India Bar Examination. (Day 2)The #ConstitutionBench comprises Justices Sanjay Kishan Kaul, Sanjiv Khanna, A.S. Oka, Vikram Nath, and J.K. Maheshwari.Follow Live Updated Here...

Has Challenge To Demonetisation Become Academic? Does Issue Survive? Supreme Court Asks

The Supreme Court on Wednesday said that it will first examine whether the petitions challenging demonetisation have become academic and posted the matter to October 12.A Constitution Bench comprising Justices S Abdul Nazeer, BR Gavai, AS Bopanna, V Ramasubramanian and BV Nagarathna was considering 58 petitions which challenge the decision taken by the Central Government to demonetise...

Supreme Court Imposes Rs 5 Lakh Cost On Tamil Nadu Govt For Filing Unnecessary Plea Challenging Pension Of Employee

The Supreme Court recently imposed an exemplary cost of Rupees 5 lakhs on the State of Tamil Nadu for filing an unnecessary Special Leave Petition."At the outset, it is required to be noted that as such the State ought not to have filed the present Special Leave Petition. Despite the fact that the issue with respect to entitlement of pension by the respondent was concluded up to this Court,...

Supreme Court Weekly Digest With Nominal And Subject/Statute Wise Index-[September 19, 2022 – September 25, 2022]

Administrative Law - Administrative/executive orders or circulars, as the case may be, in the absence of any legislative competence cannot be made applicable with retrospective effect. Only law could be made retrospectively if it was expressly provided by the Legislature in the Statute. (Para 30) Bharat Sanchar Nigam Ltd. v. Tata Communications Ltd., 2022 LiveLaw...

Payment Of Stipend To Junior Lawyers A Real Issue, Observes Supreme Court During AIBE Hearing

A Constitution Bench of the Supreme Court on Tuesday while hearing a batch of petitions challenging the validity of the All-India Bar Examination, considered the issue of fairly remunerating junior advocates. The five-judge Bench comprised Justices Sanjay Kishan Kaul, Sanjiv Khanna, A.S. Oka, Vikram Nath, and J.K. Maheshwari. The Court is being assisted by the Attorney-General of India and...

Courts Today- A Daily Round Up Of Important Legal Developments-27.9.22

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