Supreme court
Can SC Transfer Cheque Dishonour Case To Jurisdiction Where Drawer's Bak Is Situated Despite S.142A NI Act? Supreme Court To Consider
The Supreme Court on Wednesday (April 24) decided to implead the Union of India as a party to the proceedings that involve the interpretation and consideration of consequences of the amendment made to Section 142A of the Negotiable Instruments Act.“Taking note of the fact that issue involved requires interpretation and also consideration of consequence of the amendment made to Section 142A of the Negotiable Instruments Act, we are of the considered view that Union of India is to be made a party...
Supreme Court Flags Practical Difficulties In Handling Case Files, Calls For SOP By Registry To Properly Maintain SLP Paper Books
The Supreme Court (on April 26) expressed difficulty in its day-to-day functioning due to issues related to paper books, failure to send convenience compilations and other similar problems. The issues include orders not being attached to paper books, counter-affidavits attached to SLP paper books without clear indication, failure to send convenience compilations to judges, improper exhibition of interlocutory applications (IA) numbers, and other ancillary issues. After outlining the...
Reasons Given By Supreme Court To Reject Manual Counting Of All VVPAT Slips
Delivering verdict on the pleas for 100% cross-verification of EVM data with VVPAT records, the Supreme Court has declined to increase the number of VVPAT slips undergoing count per assembly segment in a parliamentary constituency.As mentioned in the earlier reports, a bench of Justices Sanjiv Khanna and Dipankar Datta rendered two separate, concurring judgments in the matter. Although the prayers of the petitioners were rejected, two directions were passed relating to storage of Symbol Loading...
EVMs Can't Be Tampered With, Return To Ballot Paper Will Undo Electoral Reforms: Supreme Court
Rejecting the petitions seeking 100% cross-verification of EVM data with VVPAT records, the Supreme Court has observed that the suspicions regarding EVM tampering are unfounded and reverting back to the ballot paper system, as prayed, would undo the reforms that have taken place over the years.The bench of Justices Sanjiv Khanna and Dipankar Datta pronounced the verdict earlier today, rendering two separate, concurring judgments. Although the prayers of the petitioners were rejected, the bench...
Acceptance Of Resignation Results In Termination Of Employment, Non-Communication Of Acceptance To Employee Immaterial: Supreme Court
Taking note of prevalent service jurisprudence, the Supreme Court on Thursday (April 25) held that the employment is deemed to be terminated from the date on which the letter of resignation is accepted by the appropriate authority. The Bench comprising Justice PS Narasimha and Aravind Kumar observed that before the withdrawal of the resignation letter by the employee, if the resignation is accepted by the appropriate authority, then the non-communication of the acceptance of the resignation to...
VVPAT Case : Supreme Court Allows Runner-Up Candidates To Seek Verification Of Burnt Memory Of 5% EVMs Per Assembly Segment
While rejecting the pleas seeking 100% cross verification of Electronic Voting Machines (EVMs) data with Voter Verifiable Paper Audit Trail (VVPAT) records, the Supreme Court on Friday (April 26) allowed verification of the burnt memory semi-controller of 5% of EVMs per assembly segment of a parliamentary constituency in case a written request for the same is made by either of two runner up candidates, after declaration of results."The burnt memory semi-controller in 5% of the EVMs that is the...
Supreme Court Rejects Plea For 100% EVM-VVPAT Verification, Issues Directions To Seal Symbol Loading Unit
In a significant development, the Supreme Court on Friday (April 26) rejected the pleas seeking 100% cross-verification of Electronic Voting Machines (EVMs) data with Voter Verifiable Paper Audit Trail (VVPAT) records.The verdict was delivered by a bench of Justices Sanjiv Khanna and Dipankar Datta. Though the cases were reserved for orders on April 18, they were listed again on April 24 as the Bench wanted some technical clarifications from the Election Commission. Taking into...
'Stridhan' Is Wife's Absolute Property, Husband Holds No Title Over It: Supreme Court Reiterates
The Supreme Court (on April 24) reiterated that stridhan is an “absolute property” of a woman, and while the husband has no control over the same, he can use it in times of distress. Nevertheless, he has a “moral obligation” to restore the same or its value to his wife. The Bench of Justices Sanjiv Khanna and Dipankar Datta referred to a three-judge Bench decision in Rashmi Kumar...
The Complete Supreme Court Annual Digest- 2023 [Part-X]
Environment Environment and Wildlife Protection - Supreme Court extends the jurisdiction of a committee constituted by the Tripura High Court to oversee transfer of wild animals pan-India- Court directs that all State and Central Authorities shall forthwith report seizure of wild animals or abandonment of captive wild animals to the Committee and the Committee shall be at liberty...
SARFAESI | Supreme Court Allows Borrower's Tenants, Who Bid For Property, To Remain In Possession After Auction Sale Was Set Aside
The Supreme Court observed that after setting aside of the auction sale of the property the banks cannot automatically claim physical possession over the property held in the possession of the tenant who was the successful bidder in the auction sale. The Bench comprising Justices Vikram Nath and Satish Chandra Sharma set aside that direction of the Debts Recovery Tribunal( DRT) whereby...
Supreme Court Imposes Rs 5 Lakhs Cost On Union Govt, Cautions Against Filing Frivolous Petitions In Future
The Supreme Court recently imposed a cost of Rs. 5,00,000/ on the Union of India challenging an order passed by the Meghalaya High Court based on the Union's own concession that a previous decision covered the matter. Deprecating the Union's move to challenge the High Court's order, the Supreme Court recorded that this was a “sheer abuse of the process of law” and cautioned the Union...