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Shiv Sena Rift : Should "Nabam Rebia" Decision Be Reconsidered By Larger Bench? Supreme Court Constitution Bench Reserves Judgment
A Constitution Bench of the Supreme Court on Thursday reserved judgment on whether the judgment delivered by a 5-judge bench in the case Nabam Rebia vs Deputy Speaker (2016) should be reconsidered by a larger bench.A 5-judge bench led by Chief Justice of India DY Chandrachud was hearing a bunch of petitions relating to the political developments in Maharashtra, which resulted in a change of...
Senior Designation: Supreme Court To Commence Hearing Of Plea Seeking Reforms On 22nd February, 2023
On Thursday, the Supreme Court indicated that it is to commence with the hearing of the petition filed by Senior Advocate Indira Jaising seeking reforms in the process of designation of Senior Advocate on Wednesday (22nd Feb, 2023). The Apex Court has directed the petition to be listed as the first item on the Wednesday Board.“List on Wednesday as the first item.”A Bench comprising...
Supreme Court Directs IRDAI To Consider If Personal Accident Cover Can Include Persons Other Than Owner
The Supreme Court has directed the Insurance Regulatory Development Authority of India to consider whether claims by family members, friends, or such persons other than the registered owner driving or riding borrowed vehicles, could be the beneficiaries of personal accident cover, where the accidents could not be attributed to other ‘offending’ vehicles or the drivers’ own...
Supreme Court: Justice Ajay Rastogi Shuts Virtual Hearing Link, Says Lawyers Misusing Facility
In an unusual development in the Supreme Court, a Bench of Justice Ajay Rastogi and Justice CT Ravikumar on Thursday closed the virtual hearing link to Courtroom 6 after observing that lawyers are misusing the facility. Few minutes after the court started hearing the matters as per the cause list, a lawyer appeared to seek a pass-over in a matter stating that his senior was occupied before...
Complete Supreme Court Yearly Digest Part-5
Constitution of Special CourtsConstitution of Special Courts - The State and Central Governments will have to comply with the directions issued by this Court from time to time with respect to constitution of special courts. The High Court in consultation with the State Governments will have to undertake an exercise on the need for the special courts. The vacancies in the position of...
Governor Should Not Enter Political Arena, Supreme Court Says While Hearing Shiv Sena Rift Case
The Supreme Court of India on Wednesday (15th February 2023) continued hearing the pleas concerning the constitutional issues arising out of the rift within Shiv Sena party between Eknath Shinde and Uddhav Thackeray groups. The issue under consideration before the bench was whether the judgement in Nabam Rebia v. Deputy Speaker (2016) should be referred to a seven-judge bench of the...
Karnataka Mining : Amicus Curiae Suggests Doing Away With Contribution To SPV From Iron Ore Sale Value
In the PIL regarding iron ore mining in certain districts of Karnataka, Senior Advocate Shyam Diwan, Amicus Curiae, on Wednesday told the Supreme Court that the Amicus was appointed in view of the "serious environmental dimensions" to the matter which are no longer involved as such, and that moving forward, it is the common consensus that the collection of 10% of the sale value from all...
Complete Supreme Court Yearly Digest Part-4
Commercial Courts Act, 2015Commercial Courts Act, 2015 - Mediation lightens the load of the judges- Section 12A contemplated only for a class of suits not requiring urgent relief- suits which contemplate urgent interim relief, the Law-giver has carefully vouch-safed immediate access to justice as contemplated ordinarily through the courts. The carving out of a class of suits and selecting...
Remand Order Prolongs & Delays Litigation : Supreme Court Explains Scope Of Appellate Court's Power To Remand
An order of remand prolongs and delays the litigation, the Supreme Court observed while setting aside a High Court order remanding a case to the trial court.In this case, the Patna High Court passed an order of remand observing that the judgment of the trial court was not written as per the mandate of Section 33 and Rule 4(2) and 5 of Order XX of the Code of Civil Procedure, as the discussion...
Review Provision Is Not To Scrutinize The Correctness Of Decision : Supreme Court
The Supreme court reiterated that the provision of review is not to scrutinize the correctness of the decision.It is to correct the error, if any, which is visible on the face of the order / record without going into as to whether there is a possibility of another opinion different from the one expressed, the bench of Justices V Ramasubramanian and Pankaj Mithal observed.The court observed...