Supreme court
Arvind Kejriwal Not A Threat To Society; Liberal View Needed In Lok Sabha Elections' Backdrop : Supreme Court In Interim Bail Order
While allowing the release of Delhi CM Arvind Kejriwal on interim bail from judicial custody, the Supreme Court has rejected the contention of Enforcement Directorate(ED) that his release for the purposes of election campaigning would amount to putting politicians in a beneficial position, compared to ordinary citizens. The bench of Justices Sanjiv Khanna and Dipankar Datta categorically held that ignoring the peculiarities of Kejriwal's case would be wrong, especially in...
Supreme Court Upholds Lucknow-Akbarnagar Demolition Drive, Prevents Eviction Of Dwellers Before Giving Alternative Accommodation
While upholding the demolition drive of the Lucknow Development Authority (LDA) against unauthorized constructions in the Akbarnagar area of Lucknow city, the Supreme Court on Friday (May 10) clarified that no slum dweller should be evicted without being given alternative accommodation.The Bench of Justices Sanjiv Khanna and Dipankar Datta upheld the Allahabad High Court's observations and directions insofar as demolition and eviction action in the Lucknow-Akbarnagar...
Arvind Kejriwal Should Not Visit CM's Office Or Delhi Secretariat During Interim Release Period Till June 1 : Supreme Court
While directing interim release of Delhi CM Arvind Kejriwal from judicial custody till June 1, 2024, the Supreme Court today imposed the following conditions:(a) he shall furnish bail bonds in the sum of Rs.50,000/- with one surety of the like amount to the satisfaction of the Jail Superintendent;(b) he shall not visit the Office of the Chief Minister and the Delhi Secretariat;(c) he shall be bound by the statement made on his behalf that he shall not sign official files unless it is required...
Supreme Court Allows Interim Release Of Delhi CM Arvind Kejriwal Till June 1
In a significant development, the Supreme Court on May 10 (Friday) allowed interim release of Delhi Chief Minister Arvind Kejriwal, who is in judicial custody in the Delhi liquor policy case, till June 1.The Bench of Justices Sanjiv Khanna and Dipankar Datta passed the order.The bench remarked that the liquor policy case was registered by ED in August 2022, yet Kejriwal was arrested only in March 2024 (after nearly one and half years).It may be recalled that Kejriwal was arrested by ED from his...
RP Act | Election Petitioner Can File Replication To Respondent's Written Statement If New Facts Aren't Introduced: Supreme Court
Explaining the law on the filing of the replication in an election petition, the Supreme Court observed that the High Court is vested with the power to allow the filing of a replication by an election petitioner against the written submissions of a returned candidate subject to the condition that the replication should not introduce new facts which goes against the facts originally contained in an election petition.“In light of the analysis above, we are of the view that by virtue of the...
Supreme Court Rejects NIA's Challenge To HC Order Granting Bail To Businessman In UAPA Case For Allegedly Funding Maoists
The Supreme Court on Friday (May 10) upheld the decision of the Jharkhand High Court granting bail to a construction firm partner who was booked by the National Investigation Agency (NIA) under the Unlawful Activities (Prevention) Act for allegedly funding banned organization CPI (Maoist).The bench comprising Justices PS Narasimha and Aravind Kumar said that the interference wasn't warranted with the decision of the High Court granting bail to the accused. However, liberty was granted to the...
Court Doesn't Sit In Appeal Over Arbitral Tribunal's Interpretation Of Contract : Supreme Court
The Supreme Court held that it is for the Arbitral Tribunal to adjudicate upon the construction of the terms of a contract and the Court under Section 34, Arbitration and Conciliation Act, 1996 does not sit in appeal over the findings of the arbitratorThe bench of Justices A. S. Oka and Pankaj Mithal was pronouncing its judgment on an appeal by the NHAI against concurrent findings of the...
Delay Condonation Application Filed By Stranger Not Party To Suit Illegal : Supreme Court
The Supreme Court held it is impermissible for a third-party to file an application for condonation of delay, stating that such an approach would allow anyone, regardless of their involvement in the suit, to seek restoration."Entertaining an application filed at the behest of a stranger for condonation of delay in filing an application for restoration of the subject suit is totally unsustainable in law. Admittedly, respondent No.1 has not even been impleaded in the subject suit. As such, the...
JJ Act | Names Of Presiding Officer/Members Should Be Specifically Mentioned In Orders When Signed, Including Interim Orders: Supreme Court
The Supreme Court has flagged concern about the non-mentioning of the names of the presiding officer or members when the order is passed under the Juvenile Justice Act, 2015. “The Presiding Officers or Members of the Board, as the case in hand, or Tribunals do not mention their names when the order is passed. As a result of which it becomes difficult to find out later on, as to who...
UP Consolidation of Holdings Act | S.49 Doesn't Bar Jurisdiction Of Civil Courts To Determine Ownership Rights : Supreme Court
The Supreme Court has held that the power to declare the ownership in an immovable property can be exercised only by a Civil Court unless barred under a law, and that the UP Consolidation of Holdings Act, 1953 does not contain such a bar The Court has clarified that the power under Section 49 of the 1953 Act cannot be exercised to take away the vested title of a tenure holder, or to...
The Complete Supreme Court Annual Digest- 2023 [Part-XVII]
Registration Act, 1908 Registration Act, 1908 - Effect of Tamil Nadu amendment by which Section 17(1)(g) of the Registration Act has been inserted which makes agreement to sell immovable property valued above Rs 100 compulsorily registrable - Held, the amendment will not affect proviso to Section 49, which allows unregistered sale agreements to be received in evidence. (Para 12, 13)...
Supreme Court Prescribes 30 Days Time Limit To Prefer Appeal Against Juvenile Justice Board Preliminary Assessment Order
Noting that no time limit has been prescribed under the Juvenile Justice(Care and Protection of Children) Act, 2015 to prefer an appeal against the preliminary assessment order of the Juvenile Justice Board (JJB), the Supreme Court in a recent judgment deemed it appropriate to fill up this gap by prescribing 30 days' time limit for preferring appeal against the JJB's preliminary...