Supreme court
CBI's Actions & Inactions Have Often Raised Questions About Its Credibility; Police Officers Need To Break Nexus With Political Executive : CJI Ramana
The Chief Justice of India NV Ramana on Friday spoke about the need for the police officers to break the nexus with the political executive to gain public trust."The need of the hour is to reclaim social legitimacy and public trust. The first step to gain the same is to break the nexus with the political executive", CJI said. He also said that the CBI's action and inactions have often...
Mere Non Framing Of Charge U/Sec 149 IPC Will Not Vitiate Conviction In Absence Of Any Prejudice To Accused: Supreme Court
The Supreme Court observed that non-framing of a charge under Section 149 of the Indian Penal Code would not vitiate the conviction in the absence of any prejudice caused to the accused.If ingredients of the section are obvious or implicit in the charge framed then conviction in regard thereto can be sustained, irrespective of the fact that said section has not been mentioned, the...
Supreme Court Asks Gujarat HC To Decide On Merits Tushar Gandhi's Plea Challenging Sabarmati Ashram Redevelopment Plan
The Supreme Court on Friday sent back to the Gujarat High Court the petition filed by Mahatma Gandhi's great-grandson Tushar Gandhi challenging the Gujarat Government's decision to redevelop the Sabarmati Ashram in Ahmedabad.Observing that the High Court should not have summarily dismissed the petition, a bench comprising Justices DY Chandrachud and Surya Kant restored the matter to the...
Supreme Court Notifies SOP For Resumption Of Physical Hearing From April 4
The Supreme Court today notified the Standard Operating Procedure to be followed for resumption of physical hearing (with hybrid option) from April 4, 2022.This notification has been issued in partial modification of the Modified Standard Operating Procedure (SOP) for physical hearing (with hybrid option) before the Court as notified on 07.10.2021 read with Notice dated 21.10.2021.In...
Supreme Court Bench Split On Whether To Reject Plaint In A Case As Time-Barred
A Supreme Court bench comprising Justice Sanjiv Khanna and Justice Bela M Trivedi has delivered a split verdict in an appeal. The judges could not come to a consensus regarding whether the plaint in the instant case was liable to be rejected under Order VII Rule 11(d) of the Code of Civil Procedure as barred by limitation.While Justice Khanna upheld the views of the trial court as well as...
Supreme Court Dismiss Maharashtra Govt Plea For Court Monitored SIT Probe Into Allegations Against Anil Deshmukh
The Supreme Court, on Friday, refused to interfere with the order of the Bombay High Court which dismissed the State of Maharashtra's plea seeking a Court-monitored probe by a Special Investigation Team (SIT) against its former Home Minister, Anil Dekhmukh. Appearing before a Bench comprising Justices Sanjay Kishan Kaul and M.M. Sundresh, Senior Advocate, Mr. Aryama Sundaram, the...
Local Unit Of A Registered Society Can't Institute Suit Unless Byelaws Authorise It : Supreme Court
The Supreme Court has observed that a society registered under the Societies Registration Act is entitled to sue and be sued, only in terms of its byeÂlaws.The byeÂlaws may authorise the President or Secretary or any other office bearer to institute or defend a suit for and on behalf of the society. The fact that the plaintiff in a suit happens to be a local unit or a Sakha unit of a...
'Population Percentage Can't Be Sole Basis For Internal Reservation' : Detailed Analysis Of Supreme Court Judgment In Vanniyar Quota Case
The Supreme Court, on Thursday, held that the Tamil Nadu Act ("2021 Act") which provides internal reservation of 10.5% to the Vanniyar community for appointment in government jobs and admission in educational institutions, is violative of Articles 14, 15 and 16, as there is no substantial basis for differentiating the Vanniyar community from the other MBCs and DNCs. A Bench...
Sub-Classification Amongst Backward Classes Permissible : Supreme Court In Vanniyar Quota Case
The Supreme Court, in its judgment Vanniyar Quota Case, observed that sub-classification amongst backward classes is permissible."It is crystal clear from the Indra Sawhney judgment that backward classes can be sub-classified... No doubt can be entertained about the permissibility of sub-classification amongst backward classes", the bench comprising Justices L. Nageswara Rao and B R...
Supreme Court Asks SpiceJet & Kal Airways To Reconsider Settling Share Transfer Dispute
The Supreme Court on Thursday asked SpiceJet and Kal Airways to consider settling the share transfer dispute between SpiceJet and its former promoter Kalanithi Maran, and his firm Kal Airways. A Bench headed by CJI Ramana asked SpiceJet to consider Kal Airways' proposal and pay the amount of interest it owes to Kal Airways. The Bench asked both Senior Advocate Mukul Rohatgi...
Arbitrators Fixing Their Own Fee Would Amount To Misconduct; PSUs Can't Meet Exorbitant Fee Demand As They Are Answerable To CAG : Attorney General Tells Supreme Court
The Supreme Court on Thursday continued hearing the case in which the issue related to fixation of standards for fees for arbitrators was raised.The bench of Justices DY Chandrachud, Sanjiv Khanna and Surya Kant was considering arbitration petition filed by the Oil and Natural Gas Corporation (ONGC) on the issue related to the mandatory nature of the 'model' fee scale for...
105th Constitutional Amendment Act Is Prospective In Nature : Supreme Court In Vanniyar Quota Case
In its judgment holding that the Tamil Nadu law providing internal reservation of 10.5 % to the Vanniyar Community under the category Most Backward Classes is unconstitutional, the Supreme Court held that the Constitution 105th Amendment Act is prospective in nature.The bench comprising Justices L Nageswara Rao and B R Gavai rejected the contention that the Constitution 105th Amendment Act...