Supreme court
Directions To Expedite Trial In A Particular Case Must Be Passed Only For Extremely Compelling Reasons : Supreme Court
The Supreme Court has observed when petitions seeking directions to trial court to expedite the trial are filed before the higher courts, the same need to be examined from all angles.The bench of Justices Dinesh Maheshwari and Vikram Nath made this observation while considering a SLP against Madras High Court's order of directing the trial court to expedite the proceedings and close the...
All Forms Of Talaq Not Illegal; Only Triple Talaq Made Criminal Offence : Muslim Man Moves Supreme Court Seeking Pre-Arrest Bail
A Muslim man has approached the Supreme Court seeking anticipatory bail submitting that all forms of Talaq have not been made illegal and what has been made a criminal offence is only "Talaq-e-biddat" (triple talaq).A bench of Justices Sanjiv Khanna and Bela M Trivedi issued notice in the special leave petition filed by the man assailing Jharkhand High Court's order dated January 17,...
Smart Contract Arbitration An Effective Alternative To Traditional Arbitration Which Has Now Started To Resemble Traditional Litigation : Justice Chandrachud
Virtually joining the fourth edition of the International Conference on 'Arbitration in the Era of Globalisation' held in Dubai, Justice D.Y. Chandrachud spoke about recognising technological advancements and infusing the same into the traditional arbitration process to enhance efficiency. He commenced his address by pointing out that technology and arbitration has become inseparable...
'Indian Courts Are Known For Their Pro-Arbitration Stance' : CJI NV Ramana At International Conference In Dubai
Speaking at the fourth edition of the International Conference on 'Arbitration in the Era of Globalisation' in Dubai, the Chief Justice of India, N.V. Ramana pointed out the importance of developing an acceptable and fair dispute mechanism system for the globalised world. Chief Justice Ramana briefly alluded to how countries have moved away from protectionism and towards liberalisation...
Supreme Court Issues Notice On Hindu Dharma Parishad's Plea Seeking Appointment Of Trustee Committee In All Temples
The Supreme Court on Wednesday issued notice in a SLP preferred by Hindu Dharma Parishad seeking appointment of Arangavalar Committee (Trustee Committee) headed by Retired Judge in all Hindu Temples with a social activist, a devotee, a Scheduled Caste person and a woman as its Members to manage the Temples.The bench of Justices Indira Banerjee and JK Maheshwari was considering SLP...
Son Can't Claim Right Or Share In Parents' Flats While They Are Alive : Bombay High Court
A son doesn't have any right, title or settled and enforceable share in his parent's flats till they are alive, the Bombay High Court has observed. A division bench of Justices Gautam Patel and Madhav Jamdar rejected the son's suggestion that he has a settled and enforceable share in either of the flats in the lifetime of the real owners, his parents, as being "laughable." "The fact...
Pensioners Of Same Rank May Not Form Homogeneous Class; New Benefits Can Be Prospectively Applied : Supreme Court Summarizes Principles On Pension & Cut-Off Dates
In the judgment in the OROP case (Indian Ex-Servicemen Movement And Ors. v. Union of India And Ors), the Supreme Court has summarized the principles relating to pension and cut-off dates as follows :(i) All pensioners who hold the same rank may not for all purposes form a homogenous class. For example, amongst Sepoys differences do exist in view of the MACP and ACP schemes. Certain Sepoys...
No Need For Trial Court's Permission To Renew Passport When Criminal Proceedings Are Stayed By Higher Court : Karnataka HC
The Karnataka High Court has held that the permission from a trial court is not necessary for renewal of passport when the proceedings are stayed by a higher court.The Court directed the Regional Passport Officer to consider a woman's application for renewal of her passport without insisting upon a facilitative order from the concerned Criminal Court before whom a case registered against her...
Revamp Bar Exam To Test Analytical Skills; Evolve System For Juniors To Find Chambers: Supreme Court Suggests To BCI
The Supreme Court, on Tuesday, heard the submissions made by the Counsels in the plea challenging the judgment of the Gujarat High Court, which allowed persons with other employment, whether full time or part time to enroll as Advocates, without resigning from their jobs. On a previous occasion, the Court had asked the Bar Council of India ("BCI") to introspect on the present mechanism...
Supreme Court Pulls Up Police For Arresting Accused Without Following Section 41A CrPC
The Supreme Court recently deprecated the act of police officer for arresting an accused without complying with provisions under Section 41 (A), CrPC and also when the bail application was pending before the top court.The bench of Justices Ajay Rastogi and AS Oka frowned upon this act while considering a SLP assailing Bombay High Court's order of rejecting the petitioner's...
OROP Case : Doctrine Of Legitimate Expectation Can't Be Invoked Based On Minister's Statement & Parliamentary Committee Report - Supreme Court
The Supreme Court on Wednesday upheld the Union Government's "One Rank One Pension" ("OROP") Scheme in Defence Forces. As per the said scheme, uniform pension is to be paid to armed services personnel retiring in the same rank with the same length of service, irrespective of the date of retirement and the rates of pension would be revised at periodic intervals. The petitioners...
No Parity Can Be Claimed Based On Regularization Of Services Made In Earlier Years : Supreme Court
The Supreme Court observed that the date from which regularization of services has to be granted is is a prerogative of the employer and that no parity can be claimed based on regularization made in respect of earlier years.Some employees of Ajmer Vidhyut Vitran Nigam Ltd. approached the Rajasthan High Court seeking regular pay scale with effect from 01.04.1983 instead of 01.04.1989 by...