Supreme court
'Don't Confuse Or Confound Readers" : Supreme Court Issues Guidelines On Writing Simple & Lucid Judgments
Observing that the purpose of a judgment is not to "confuse or confound the readers", the Supreme Court has urged the Courts and Tribunals to "provide an easy-to-understand analysis of the issues of law and fact" in their verdicts.A bench comprising Justices DY Chandrachud and AS Bopanna made this crucial observation while dealing with a judgmnet of the Himachal Pradesh High Court which was...
Pegasus, Bilkis Bano, PMLA : CJI Ramana To Hear Crucial Cases A Day Before His Retirement
Outgoing Chief Justice of India NV Ramana is hearing several crucial cases on his second last working day(August 25) as a judge of the Supreme Court. On Thursday, CJI Ramana is sitting in six different bench combinations and will hear important cases such as Pegasus, Bilkis Bano remission, review against the PMLA judgment.At 10.30, CJI will sit in combination with Justices Krishna Murari and...
Plea Bargaining : Supreme Court Explores Options Of Allowing Accused To Consent For Lesser Sentence While Not Conceding Guilt
The Supreme Court is exploring options of popularizing the concept of "plea bargaining". However, the Court noted that the major stubmling block is the reluctance of accused persons to avail "plea bargaining" option due to the fear of bearing the taint of guilt. At times the accused have hesitancy in accepting their conviction under a particular offence which may lead to other...
Supreme Court Dismisses Petition Challenging Election Of Kerala Health Minister Veena George In 2016 Assembly Elections
The Supreme Court of India on Wednesday dismissed a petition challenging the election of Minister for Health and Family Welfare, Veena George in the Kerala State Assembly Elections, in 2016. The petitioner alleged that Veena had involved in corrupt practises as per the Representation of People's Act while contesting in the 2016 elections. Though a Bench of Justices Sanjiv Khanna...
Order VII Rule 11 CPC - Only Plaint Averments Can Be Examined While Considering Application For Rejection Of Plaint: Supreme Court
The averments in the plaint alone are to be examined while considering an application under Order 7 Rule 11 of the Code of Civil Procedure.No other extraneous factor can be taken into consideration, the bench of Justices Hemant Gupta and Vikram Nath observed. In this case, the High Court of Karnataka had allowed a revision petition filed by the defendant and rejected the plaint in terms of...
Supreme Court Lists 25 Constitution Bench Matters From August 29, After Justice Lalit Takes Over As CJI
From August 29 onwards (after Justice Lalit takes over as the Chief Justice of the India), 25 five-judge matters will be listed before concerned benches.The matters are not listed for substantive hearing but for directions related to the completion of filings, indication of tentative time to be taken by lawyers for arguments etc.The cases include the challenge to the Constitution (One Hundred...
BREAKING| Supreme Court Allows Open Court Hearing For Review Against PMLA Judgment; Hearing Tomorrow
The Supreme Court on Wednesday allowed open court hearing in the review petition filed against the judgment upholding the provisions of the Prevention of Money Laundering Act (PMLA).A 3-judge bench comprising Chief Justice of India NV Ramana, Justice Dinesh Maheshwari and Justice CT Ravikumar passed the order allowing oral hearing in the review petition filed by Karti P Chidambaram. It may...
Financial Burden On State A Valid Ground To Fix Cut Off Date For Purpose Of Payment Of Revision Of Pension: Supreme Court
Upholding Rule 3(3) of the Tripura State Civil Services (Revised Pension) Rules, the Supreme Court observed that the financial burden on the State can be a valid ground to fix a cut off date for the purpose of payment of revision of pension.The bench comprising Justices MR Shah and BV Nagarathna set aside the judgment passed by Tripura High Court that had struck down the Rule 3(3)....
Supreme Court Disapproves Entertaining Of Writ Petitions For Executing Arbitration Awards Against NHAI: Supreme Court
The Supreme Court disapproved the entertaining of writ petitions seeking execution of Arbitration awards passed against National Highways Authority of India."If the High Courts convert itself to the Executing Court and entertain the writ petitions under Article 226 of the Constitution of India to execute the award passed by the Arbitral Tribunal/Court, the High Courts would be flooded with the writ petitions to execute awards passed by...
Proceedings Should Be Initiated Within Reasonable Period When No Period Is Specified In Statute: Supreme Court
The Supreme Court observed that the authorities are required to initiate proceeding within a reasonable period when no such period has been provided in the Statute.The bench comprising Justices BR Gavai and PS Narasimha quashed show cause notices issued in the year 2002 against some banks to explain certain transactions of the year 1992-Â1993.In this case, proceedings were initiated under...
"Unduly Harsh" : Why Supreme Court Quashed Blanket Ban On Benami Transactions?
The effect of the Supreme Court's judgment in the case Union of India vs M/s Ganpati Dealcom Pvt Ltd is that there is no longer a blanket prohibition of benami transactions. The Court has declared the provisions of the Prohibition of Benami Property Transactions Act, 1988, which imposed a blanket ban on benami transactions, as unconstitutional for being "unduly harsh", "disproportionate"...