Supreme court
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...
Builder Can't Be Asked To Raze Down Validly Constructed Structures Due To Later Changes In Environmental Clearance Law : Supreme Court
"A Project Proponent is not expected to anticipate the changes in EC regimes, especially as a result of judicial interventions, and keep revisiting the sanctioned clearances by the competent authority or even raze down validly constructed structures"
'Targeted Harassment Of Press' : HW Network Journalists Move Supreme Court Challenging Tripura Police FIR Over Reports On Communal Violence
Challenging the FIRs registered by the Tripura police over the reports on communal violence in the State, the media company Theos Connect (which operates the digital news portal HW News Network), and two of its journalists Samridhi Sakunia and Swarna Jha and its Associate Editor Arti Ghargi have approached the Supreme Court.The Court on Friday accepted the request made by Advocate Sandeep...
'Keep The Option Of Going To Courts As Last Resort': CJI NV Ramana Emphasizes Importance Of ADR Mechanisms
Chief Justice of India NV Ramana on Saturday emphasized on the importance of Alternate-Dispute Resolution (ADR) mechanisms as a form of resolution of conflicts. He underscored that legal practitioners must keep the option of approaching Courts as a 'last resort' in order to maintain relationships. The CJI was speaking at the Curtain Raiser and Stakeholders' Conclave organised by the...
BREAKING : Karnataka High Court Refuses To Interfere With Stay On Bar Council Of India Elections
The Karnataka High Court on Saturday refused to interfere with the interim order passed by the single judge bench, by which it has stayed the holding of elections on December 4 or to any other adjourned date to the office of the Chairman, Vice-Chairman and Executive Members of the Bar Council of India.A division bench of Chief Justice Ritu Raj Awasthi and Justice Sachin Shankar Magadum...
Can POCSO Cases Be Quashed On The Basis Of Compromise? Supreme Court Issues Notice In SLP Challenging Kerala HC Judgment
Can POCSO cases can be quashed on the basis of compromise between accused and victim? The Supreme Court issued notice in a special leave petition filed against Kerala High Court judgment in which this issue was raised.The accused in this case was the teacher of the victim. The allegation against him was that he touched her cheeks and kissed on her forehead etc. Following complaint, a crime...
Section 202(2) CrPC Inapplicable To Complaints Under Section 138 NI Act In Respect Of The Examination Of Witnesses On Oath: Supreme Court
The Supreme Court reiterated that the Section 202(2) CrPC is inapplicable to complaints under Section 138 in respect of the examination of witnesses on oath. The Court observed that the evidence of witnesses on behalf of the complainant shall be permitted on affidavit."If the Magistrate holds an inquiry himself, it is not compulsory that he should examine witnesses and in suitable cases...
ITAT Cannot Recall Its Order By Invoking Power U/Sec 254(2) Income Tax Act : Supreme Court
The Supreme Court observed that the Income Tax Appellate Tribunal cannot recall orders passed by it invoking power under Section 254(2) of the Income Tax Act.Section 254(2) power is only to correct and/or rectify the mistake apparent from the record and not beyond that, the bench comprising Justices MR Shah and BV Nagarathna said.In this case, the ITAT allowed the Revenue's appeal and held...