Supreme court
Over One Crore Cases Settled In Third National Lok Adalat, Total Disposal Figures Of 2022 Lok Adalats Cross 2.2 Crores
The Legal Services Authorities across the country, under the aegis of National Legal Services Authority (NALSA) and the leadership of Mr. Justice Uday Umesh Lalit, Executive Chairman, NALSA, & Chief Justice of India Designate organised the third National Lok Adalat of the year 2022 in all the 35 States/UTs except Delhi on 13th August. NLA in Delhi is postponed due to...
S.7(5)(b) IBC | Provision To Notify Financial Creditor Before Rejecting Claim Extends To Appeals Before NCLAT: Supreme Court
The Supreme Court has that provision of Section 7(5)(b) of the Insolvency and Bankruptcy Code, 2016, which requires the Adjudicating Authority to notify the Financial Creditor before rejection of a claim, would be applicable to appeals as well, since appeal is the continuation of original proceedings(Kotak Mahindra Bank Limited v. Kew Precision Parts Private Limited And Ors). A...
Revision Petition Filed Before High Court By Third Party / Defacto Complainant Maintainable : Supreme Court
The Supreme Court observed that a revision petition filed before a High Court by a third party/de facto complainant is maintainable.As the power of revision can be exercised by the High Court even suo moto, there can be no bar on a third party invoking the revisional jurisdiction and inviting the attention of the High Court that an occasion to exercise the power has arisen, the bench...
After Supreme Court's Advice, Patna High Court Drops Departmental Proceedings Against Judge
In line with the Supreme Court's recent suggestion, the Patna High Court yesterday recalled the suspension orders and dropped all departmental proceedings against Additional Sessions Judge Shashi Kant Rai. Judge Rai was earlier suspended by the High Court for deciding cases pertaining to The Prevention of Children against Sexual Offences Act, 2012 (POCSO cases) within days. To...
Supreme Court Directs State Governments To Inform If State Haj Committees Have Been Constituted
The Supreme Court on Friday(August 12) directed State governments to inform the Court, by way of an affidavit, if Hajj committees are constituted in their respective states. The court has also directed states to specify the names of the committee members of the Hajj Committees thus constituted.This matter pertains to the constitution of a Central Haj Committee prescribed under Section 3 read...
S 156(3) CrPC - Magistrate Should Order Police Investigation When Cognizable Offence Is Prima Facie Found, Especially In Sexual Offences: Supreme Court
In an important judgment, the Supreme Court has held that a Judicial Magistrate has the duty to order police investigation under Section 156(3) of the Code of Criminal Procedure when the complaint prima facie shows the commission of cognizable offence and the facts indicate the need for a police investigation.Though Section 156(3) CrPC uses the word "may", giving discretion to the Magistrate...
Pay Hike For High Court Staff: Supreme Court Further Defers Contempt Proceedings By Tripura HC Against State
In a plea filed by the State of Tripura, which assails an interim order passed by the Tripura High Court directing the State Government to enhance the salary of the staff of the High Court as per the recommendations of the Sixth Central Pay Commission, at the request of State's Counsel, Senior Advocate, Mr. Ranjit Singh, the Supreme Court, on Friday, adjourned the hearing. On...
Unnao Rape Survivor Moves Supreme Court Seeking Transfer Of Case Against Her To Delhi
The Unnao rape survivor has moved a Transfer Petition in the Supreme Court of India seeking transfer of a counter case filed against her by the father of Shubham Singh, one of the accused men, facing trial in New Delhi for the gang rape of the minor petitioner. As an interim relief, the petitioner has sought a stay on a non-bailable warrant issued by the Additional Chief Judicial...
Model Builder-Buyer Agreement: Supreme Court Asks Amicus & Centre To Provide A Roadmap
In a plea seeking direction to the Centre to frame model builder-buyer and agent-buyer agreements to ensure uniformity, the Supreme Court, on Friday, asked the Amicus Curiae and Additional Solicitor General, Ms. Aishwarya Bhati appearing on behalf of the Ministry of Housing and Urban Affairs, Govt. of India (Ministry), to provide a roadmap to the future, so that it can...
"Suitable Employment" For Compassionate Appointment Must Be Understood With Reference To The Post Held By The Deceased Employee: Supreme Court
The Supreme Court observed that "suitable employment" for compassionate appointment must be understood with reference to the post held by the deceased employee. The superior qualification held by a dependent cannot determine the scope of the words "suitable employment", the bench comprising Justices KM Joseph and Hrishikesh Roy observed while interpreting Rule 5 of the Uttar Pradesh...
Supreme Court Seeks Production Of PIL Filed Before HC Seeking Probe Against Jharkhand CM Hemant Soren
The Supreme Court on Friday asked Jharkhand Chief Minister, Hemant Soren, to submit a copy of the writ petition filed before the High Court which sought an independent probe against him for alleged money laundering through shell companies. The direction was passed by a Division Bench of Justices UU Lalit and S Ravindra Bhat while hearing the petitions moved by the State of Jharkhnad...