Supreme court
Supreme Court Upholds Attachment Of Properties Of 63 Moons Technologies; Allows NSEL's Appeal
The Supreme Court on Friday set aside the Bombay High Court's order of freeing the attachment of assets of 63 Moons Technologies.Allowing the appeal filed by National Spot Exchange Ltd (NSESL), the bench of Justices DY Chandrachud, Surya Kant and Bela M Trivedi in the judgment pronounced, "For the reasons recorded, we allow the appeals & set aside the impugned judgment of the Bombay...
BREAKING| "Too Nascent A Stage For Us To Interfere" : Supreme Court Dismisses Nawab Malik's Plea Challenging ED Arrest In Money Laundering Case
The Supreme Court on Friday dismissed the Special Leave Petition filed by Maharashtra Minister Nawab Malik challenging his arrest by the Enforcement Directorate under Prevention of Money Laundering Act (PMLA).The bench of Justices DY Chandrachud and Surya Kant dismissed Malik's petition, which was filed against an order of the Bombay High Court which refused him interim relief in the...
Interest On Delayed Refunds Covered Under Principal Provision Of Section 56 Of CGST Act Cannot Exceed 6%: Supreme Court
The Supreme Court, on Tuesday, held that in cases of delayed refund of integrated tax paid on export of goods governed by the principal provision of Section 56 of the Central Goods and Services Tax Act, 2017, the interest would be payable at the rate of 6% as prescribed by the statute, especially when the delay was not inordinate. "...wherever a statute specifies or regulates...
Insider Trading Can't Be Presumed Due To Proximity Between Parties; Onus To Prove Is On SEBI : Supreme Court
The Supreme Court has held that insider trading cannot be presumed merely on the basis of proximity between the parties. The Court held 'communication' of Unpublished Price Sensitive Information under Regulation 3(1) of the SEBI (Prohibition of Insider Trading), 2015 ought to be proved by producing cogent materials, like, letters, emails, witnesses etc. and not be deemed owing to the...
Decided To Give Reservation In Promotion To SC/ST Employees Cadre-Wise : Bihar Govt Tells Supreme Court
The State of Bihar on Wednesday informed the Supreme Court that it has decided now to give reservation in promotios to government employees belonging to Scheduled Castes and Scheduled Tribes on the basis of "cadre". The submissions were made before the bench of Justices LN Rao and BR Gavai in an application seeking withdrawal of the civil appeals against the judgment of Patna High...
Karnataka Mining: Supreme Court To Appoint Former Judge Justice Sudarshan Reddy As Oversight Authority
Supreme Court on Thursday decided to appoint former Supreme Court Judge Justice B. Sudarshan Reddy as the oversight authority for implementation of the Comprehensive Environmental Plan for Mining Impact Zone (CEPMIZ) with regard to mining operations in the State of Karnataka.The plan is for eco-restoration, socio economic development and railway backbone infrastructure for the mining impact...
Arbitrators Raising Fees In The Middle Of Arbitration May Amount To Misconduct, Supreme Court Says During Hearing
The Supreme Court on Thursday continued hearing on the issue of fixation of standards for fees for arbitrators. The bench of Justices D. Y. Chandrachud, Sanjiv Khanna and Surya Kant were considering the issue regarding the mandatory nature of the 'model' fee scale for arbitrators prescribed under the Fourth Schedule of the Arbitration and Conciliation Act 1996. In the hearing...
Section 482 CrPC- Criminal Proceedings Cannot Be Quashed Merely Because Complaint Was Lodged By Political Rival: Supreme Court
The Supreme Court observed that criminal proceedings cannot be quashed under Section 482 of the Cr.P.C. only because the complaint was lodged by a political rival.The fact that the complaint may have been initiated by reason of political vendetta is not in itself ground for quashing the criminal proceedings, the bench comprising Justices Indira Banerjee and AS...
BCI May Allow Persons With Other Jobs To Provisionally Enrol As Advocates On Undertaking To Resign From Job Within 6 Months After Clearing AIBE : Supreme Court
The Supreme Court, on Thursday, accepted the suggestion made by Amicus Curiae Senior Advocate KV Vishwanathan that persons engaged in other employments can be permitted to provisionally enrol with the concerned Bar Council and to appear in the All India Bar Examination (AIBE), and that upon clearing the AIBE, they can be given a period of 6 months to decide whether to join legal profession...
Relief Of Possession Is Ancillary To Decree For Specific Performance And Need Not Be Specifically Claimed; Section 22(2) Specific Relief Act Is Directory : Supreme Court
The Supreme Court held that Section 22(2) of the Specific Relief Act is only directory provision and the relief of possession is ancillary to the decree for specific performance and need not be specifically claimed. Section 22 deals with a Court's power to grant relief for possession, partition, refund of earnest money, etc. Section 22(2) ) provides that no relief under clause (a) or clause...
Accused Cannot Claim Blanket Exemption From Personal Appearance In Cases Under Section 138 NI Act: Supreme Court
The Supreme Court observed that an accused cannot claim a blanket exemption from appearance in a case pertaining to the offence under Section 138 of the Negotiable Instruments Act.In this case, the Magistrate dismissed an application filed by the accused in a cheque bounce case claiming a blanket relief of his being exempted, on all dates, when the case would become listed before the...
Jahangirpuri Demolition: Shop Owner Moves Supreme Court Against Demolition Of His Juice Shop, Seeks Compensation
A juice shop owner from Delhi's Jahangirpuri area has moved the Supreme Court of India, claiming that his shop was unauthorizedly demolished by the New Delhi Municipal Corporation on Wednesday.Significantly, a Bench led by Justice Nageswara Rao today, while hearing a petition filed against the said demolition drive, said that it will take a "serious view" of the demolitions that took...