Supreme court
PM Security Lapse : Supreme Court To Constitute Probe Committee Headed By Retired Judge; Expresses Displeasure At Centre's Show-Cause Notices To Punjab Officials
The Supreme Court on Monday said that it will constitute an independent committee headed by a retired Supreme Court judge to investigate the security lapse during Prime Minister Narendra Modi's Punjab visit on January 5.The Court asked both the Central Government and the Punjab Government to put on hold the enquiries by the Committees constituted by them in the meanwhile. A bench comprising...
BREAKING : Supreme Court Agrees To Hear PIL Seeking Action Against Haridwar Dharm Sansad Anti-Muslim Hate Speeches
The Supreme Court on Monday agreed to urgently hear a PIL seeking criminal action with respect to the Haridwar Dharm Sansad conclave where hate speeches and genocidal calls against Muslims were made.Senior Advocate Kapil Sibal mentioned the matter before the Chief Justice of India for urgent listing."We're living in different times where slogans in the country have changed from Satyamev Jayate...
Supreme Court Agrees To Revive Limitation Extension Orders In View Of Rising COVID Cases
The Supreme Court on Monday agreed to revive the suo motu orders extending the limitation period for filing cases in Courts and Tribunals in view of the rising cases of COVID in the country.A bench comprising the Chief Justice of India NV Ramana, Justice L Nageswara Rao and Justice Surya Kant said that the Court is accepting the request made by the Supreme Court Advocates-on-Record...
After 150 Supreme Court Registry Officials, Staff Test Positive SCBA Urges Lawyers To Avoid Going To Court
Taking into consideration the fact that atleast 150 Registry officials and staff members have tested positive for CoVID, the SCBA has urged the lawyers to not enter the high security zone of the Supreme Court. The message by SCBA's Secretary Ardhendumauli Kumar Prasad to its members further said that although there is no circular as of now barring lawyer's entry into the high security zone...
Suo Motu Orders Extending Limitation Apply Also To Delay Which Could Have Been Condoned : Supreme Court
The Supreme Court has observed that the period of limitation which could have been condoned by a Court or a Tribunal is also excluded from the limitation period up to 07.10.2021 in view of the orders passed suo motu by the Top Court to extend limitation period in the wake of COVID-19."Even as held by this Court in the subsequent orders even the period of limitation which could have been...
NCLT Must Pass Reasonable Order For Fees & Expenses Of Resolution Professional : Supreme Court
The Supreme Court has held that the NCLT/NCLAT must make a reasonable assessment of the fees and expenses payable to the Interim Resolution Profession and cannot pass an order in an ad-hoc manner.The Court held that an order assigning reasons must be passed in respect of fees of resolution professional; otherwise, it will amount to abdication.A judgement delivered by a Bench of...
Preventive Detention Order Liable To Be Quashed If Detenu's Representation Is Considered After Long Delay :Supreme Court
The Supreme Court recently quashed a detention order after noting that the authority considered the representation of the detenu after a long delay.The Court observed that in the matter of considering representation made against detention order, the Competent Authority is duty-bound to do so with "utmost despatch".The bench of Justices AM Khanwilkar and CT Ravikumar was considering a...
Pegasus Snooping- Counsel Of Bhima Koregaon Accused Writes To SC-Appointed Technical Committee Suspecting Hacking Of His Device
A lawyer, who represented several persons implicated in the Bhima Koregaon Elgar Parishad case has written to the Technical Committee appointed by the Supreme Court to probe into the allegations of snooping through Pegasus, suspecting compromise of his mobile device by Pegasus Malware.Advocate Nihalsing B Rathod, a practicing lawyer based in Nagpur has argued that his phone was intercepted...
Right Of Preemption A Maligned, Feudal, Archaic And Outmoded Law, Reiterates Supreme Court
The Supreme Court observed that the right of pre-emption is a maligned law and are characterised as 'feudal, archaic and outmoded'.In this case, the appellants are purchasers of the land in question vide sale deed dated 9.2.1990. The sale deed was presented for registration but the registration was completed on 7.1.1992. The proceedings for pre-emption of the land were initiated in terms...
Supreme Court Weekly Round Up: January 3 To January 9, 2022
JUDGMENTS THIS WEEK1. Employee Who Refuses Promotion Offer Not Entitled To Financial Upgradation Merely Because She Suffered Stagnation : Supreme CourtCase name: Union of India vs Manju AroraCitation: 2022 LiveLaw (SC) 1The Supreme Court observed that if a regular promotion is offered but is refused by the employee before becoming entitled to a financial upgradation, she/he shall not be...
Bail Application Of 78 Year Old Man Not Heard Due To Non-Appearance Of CBI's Counsel: Supreme Court Requests Allahabad HC To Decide Expeditiously
In a matter where the bail application of a 78 years old man wasn't heard by High Court on account of non-appearance of CBI's Counsel, the Supreme Court of India on Wednesday requested the Allahabad High Court to dispose of the bail application expeditiously and preferably within a period of six weeks.A Bench comprising the Chief Justice of India NV Ramana, Justice Surya Kant and Justice...
Section 149 IPC- Essential Condition Of An Unlawful Assembly That Its Membership Must Be Five Or More: Supreme Court
The Supreme Court reiterated that it is an essential condition of an unlawful assembly that its membership must be five or more.Less than five persons can be charged under Section 149 only if the prosecution has a case that the persons before the Court and other numbering in all more than five composed an unlawful assembly, these others being persons not identified and unÂarmed, the...