Supreme court
Lawyer Moves Supreme Court Challenging Bombay High Court Circular Reducing Working Hours To 3 Due To COVID
A Mumbai based lawyer has approached the Supreme Court seeking to set aside the Bombay High Court's circular reducing its functioning in Mumbai to just three working hours a day owing to the rise in covid-19 cases in the city and state. It further seeks to enforce virtual hearings in all courts in the state. According to the Standard Operating Procedure(SOP) dated January 10, 2022, the...
Marital Rape - 'Classification On Basis Of Marriage Unreasonable' : Amicus Curiae Tells Delhi HC
The Delhi High Court on Friday continued hearing a batch of petitions challenging the exception to Section 375 of the Indian Penal Code, which exempts forceful sexual intercourse by a man with his own wife from the offence of rape, provided the wife is above 15 years of age.Senior Advocate Rajshekhar Rao, appearing as amicus curiae in the matter, told a bench comprising of Justice Rajiv...
Plea Before AG Seeks Contempt Action Against Yati Narsinghanand Over Remarks Against Supreme Court
An activist has written to the Attorney General for India seeking consent to initiate contempt proceedings against the 'Dharam Sansad' leader Yati Narsinghanand over his recent 'derogatory remarks' against the Constitution and the Supreme Court of India. The letter of Shachi Nelli addressed to the AG has stated that in an interview given to Vishal Singh that went viral on the social...
Employees Compensation Act - Insurer Can't Deny Coverage Saying Deceased Was 'Helper' & Not 'Cleaner' Of Vehicle : Supreme Court
"In the absence of any clear demarcation of duties of a Helper or a Cleaner and in view of the fact that Helper and Cleaner are interchangeably used, therefore, declining claim for the reason that deceased was engaged as a helper and not Cleaner is wholly unjustified".
Justices DY Chandrachud & AS Bopanna Recuse From Hearing Krishna River Water Dispute Matter
Supreme Court judges Justices D.Y. Chandrachud and A.S. Bopanna have recused from hearing the case related to the dispute relating to the water sharing of Krishan river flowing Maharashtra, Karnataka, Andhra Pradesh and Telangana.The bench orally indicated that it does not want to deal with the case when the judges hail from the states which could be impacted by the case."Both Justice Bopanna...
Compassionate Appointment : Whether Qualification Acquired After Date Of Application Is To Be Considered? Supreme Court To Examine
The Supreme Court recently agreed to consider whether qualification which has been obtained after the date of application is required to be considered for appointment on compassionate grounds.The bench of Justices MR Shah and BV Nagarathna issued notice in the SLP assailing Delhi High Court's order preferred by Delhi Jal Board returnable on February 2, 2022. The High Court's order was also...
POCSO : Supreme Court Issues Notice On Teacher's Plea Challenging Conviction For Aggravated Sexual Assault Of Student
The Supreme Court of India on Monday issued notice in a plea challenging the Madras High Court's order confirming conviction and sentence imposed on a teacher for committing the offence of aggravated sexual assault with against a student under the POCSO Act.A Bench comprising Justice SK Kaul and Justice MM Sundresh has issued notice on the Special Leave Petition as well as on the prayer...
Cryptic & Casual Bail Orders Without Relevant Reasons Liable To Be Set Aside : Supreme Court
The Supreme Court held that bail cannot be granted by a cryptic and causal order without considering the material aspects of the case. The Apex Court further clarified that even if no new circumstances have developed after the grant of bail, the State is entitled to seek cancellation of bail, if it had been granted ignoring material aspects which establish a prima Âfacie case...
'Reference To Wrong Provision, As Long As Power Exists Would Not Matter': Supreme Court On Maintainability Of Appeal Under Section 34 Instead Of Section 37 Arbitration Act
The Supreme Court has held that a reference to Section 37 instead of Section 34 of the Arbitration and Conciliation Act, 1996 would not matter as long as the jurisdictional court has the power to adjudicate the appeal."Even if the appeal under Section 37 would not be maintainable, objection/appeal under Section 34 would be maintainable. Reference to wrong provision, as long as power...
Conviction With Aid Of Section 149 IPC Unsustainable When Co-Accused Are Acquitted Making Membership Of 'Unlawful Assembly' Less Than 5 And There Are No Unidentified Accused : Supreme Court
The Supreme Court has observed that conviction with the aid of Section 149 of the Indian Penal Code (offence of membership of unlawful assembly) is not sustainable when the co-accused have been acquitted, making the membership of the alleged unlawful assembly less than 5 and there are no unidentified accused in the case. The bench of Justices Ajay Rastogi and AS Oka was considering...
Stale Claim Cannot Be Revived By A Representation : Supreme Court Sets Aside HC Direction To Reinstate Employee
Holding that a stale claim cannot be revived by a representation, the Supreme Court has set aside a judgment of the Madhya Pradesh High Court which directed the reinstatement of an employee with back-wages.The Court noted that in an earlier proceeding, the High Court had upheld the termination of the services of the employee for misconduct. Fifteen years later, the employee filed a...