Supreme court
Explained : Does AFSPA Give Total Immunity To Armed Forces For Killing Civilians?
The death of at least 14 civilians in Nagaland on Saturday evening as a result of the action of the Armed Forces has brought back into focus the controversial Armed Forces (Special Powers) Act, 1958. The Act which came into force in the context of insurgency in the Northeastern States decades ago provides "special power" to the Armed Forces applies to the Army, the Air Force and the...
Mullaperiyar Case: Tamil Nadu Lawyer Moves Supreme Court Seeking Central Security Protection For Dam
An advocate based in Tamil Nadu has moved the Supreme Court of India seeking directions to the Union of India to deploy any of the Central Security Force at the Mullaperiyar dam for its protection immediately.An application for impleadment has been filed by Stalin Baskaran in the writ petition filed by Kerala based petitioners(Dr. Joe Joseph and others versus Union of India) seeking directions...
Supreme Court Stays MP HC Judgment Which Held Defence Authorities' Reference Against Land Acquisition Compensation As Not Maintainable
The Supreme Court on Friday stayed the operation of the impugnedjudgement of the Madhya Pradesh High Court which held that Defence Authorities had no right to make a reference against the compensation awarded to land owners under Section 18 of the Works for Defence Act, 1903. Background of the Case In July 2021, a Bench of Justices A.M.Khanwilkar and Sanjiv Khanna had...
Direction For Video Conferencing Facility At Jail Would Not Come In The Way Of ED Applying For Custodial Interrogation Of Ex-Unitech Promoters: Supreme Court
In connection with the Unitech case, the Supreme Court has clarified that its direction for video conferencing facility at the Jails where the accused Chandra brothers are housed to be made available so as to enable them to record their presence in the court proceedings where their presence is required, would not come in the way of the Enforcement Directorate in moving the requisite...
Applicability Of UP Govt's New Policy On Premature Release On Those Prisoners Who Were Not Considered Under Old Policy: Supreme Court Issues Notice
The Supreme Court on Friday issued notice to the SUtate of UP on the issue whether the cases of those prisoners serving life-sentence which were required to be considered for premature release during the term of the earlier policy of August 1, 2018 but were not considered would yet be governed only by the new policy of July 28, 2021. "Prima facie, we are of the view that you are bound to...
Supreme Court Disapproves Estranged Wife's Demand That Alternate House Should Have 'Same' Luxuries As Matrimonial Home
In a matrimonial dispute, the Supreme Court disapproved the stand taken by an estranged wife that the alternate accommodation offered to her should have the "same" luxuries as her matrimonial home, where she used to live with her husband. The Court also rejected her plea seeking permission to reside in the matrimonial home, after noting that "relations between the parties are so strained that...
Supreme Court Weekly Round Up- November 29 To December 5, 2021
JUDGMENTS THIS WEEK1. Arms Act - Illegal Use Of Licensed Weapon Per Se Not Offence Under Section 27 Unless Misdemeanour Under Sections 5/7 Proved : Supreme CourtCase Title: Surinder Singh v State (Union Territory Of Chandigarh)| Criminal Appeal No. 2373 Of 2010Citation : LL 2021 SC 687The Supreme Court has observed that illegal use of a licensed or sanctioned weapon per se does not constitute...
Importance Of Ethics In Legal Profession : Lecture By Justice AS Oka
Supreme Court judge Justice Abhay S Oka delivered a lecture on the topic "Importance of Ethics In Legal Profession" as part of the Second Annual Lecture organized by the Advocates Association of Western India at Bombay High Court on December 4.The excerpts from his lecture given below :Rules Of Professional EthicsAs far as rules of professional ethics are concerned, the emphasis is on:...
SARFAESI Proceedings Not Invalidated On Mere Failure Of Bank In Giving Reply To Objections If Borrower's Proposals Were Otherwise Considered : Supreme Court
The Supreme Court held that failure to furnish reply by the creditor as per the mandate of Section 13(3A) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act) would not entitle the debtor of discretionary relief, if the Court is satisfied that the creditor has considered the debtor's representation and...
Param Bir Singh's Challenge To Departmental Enquiries Should Be Made Before CAT : Maharashtra Govt Tells Supreme Court
The Maharashtra Government has told the Supreme Court that the former Mumbai Police Commissioner Param Bir Singh, who was recently suspended from the Mumbai police over allegations of misconduct, is indirectly trying to seek a stay on the criminal investigations pending against him through his Special Leave Petition, which is essentially filed against the preliminary enquiry as part...
Caste Census : Maharastra Govt Opposes Union's Stand In Supreme Court That Collection Of OBC Information In Census 2021 Is Difficult
The State of Maharashtra has submitted before the Supreme Court of India that a direction to include enumeration of socio economic data relating to OBCs of Rural India in the upcoming 2021 census would not amount to interfering with a policy decision.The submission has been made in response to Centre's stand taken before the Supreme Court that exclusion of OBCs from the purview of Census is...