Mhadei River Dispute : Supreme Court Agrees To List Before February 13

The Supreme Court on Friday agreed to list an application filed by State of Goa challenging the Central Water Commission's (CWC) approval of the Karnataka government’s detailed project report (DPR) for the construction of dams on Mhadei river which will lead to diversion of Mhadei river water into Karnataka. The matter was mentioned by Senior Advocate Venkatesh Dhond before a bench...

Supreme Court Directs Defaulting States/UTs To Upload Information About Mental Health Facilities In Centre's Online Portal

The Supreme Court, while hearing a petition seeking rehabilitation of thousands of mentally ill patients who are languishing in hospitals or mental asylums, directed five States/Union Territories to upload information concerning mental health facilities in the online dashboard created by the Ministry of Social Justice and Empowerment. The matter was listed before a bench comprising Chief...

'Don't Involve Lawyers In Your Family Dispute' : Supreme Court On Lalit Modi's Social Media Post Against Mukul Rohatgi

As the Modi family feud escalates, the Supreme Court on Friday urged the founder of the Indian Premier League, Lalit Modi to take down social media posts made by him against his family members and also against Senior Advocate and former Attorney-General Mukul Rohatgi, who is representing his mother Bina Modi. While a bench of Justices Sanjiv Khanna and M.M. Sundresh refused to pass...

Supreme Court Refuses To Consider Bail Applications Of Lawyers Arrested For Vandalism In Odisha Court Premises

The Supreme Court, on Friday, refused to entertain bail applications of the lawyers who had indulged in vandalism in court premises during their strike demanding formation of new Benches of the Orissa High Court.The Counsel appearing on behalf of the Central Action Committee (CAC) of all Bar Associations of Western Odisha, submitted that about 30 advocates, including 4 women, are behind the...

Can Employee Insured Under ESI Act Claim Motor Accident Compensation? Supreme Court Refers To Larger Bench

Can an employee insured under the Employees’ State Insurance Act, 1948, claim compensation under the Motor Vehicles Act? The Supreme Court has referred this issue to larger bench.The question referred is whether the insurance amount paid under the ESI Act is a “similar benefit” as the compensation which is claimed in a motor accident claim.In this case, the Allahabad High Court held...

‘Leave Temple To Religious People’: Supreme Court Dismisses AP Govt Challenge To HC Order Against Govt Taking Over Ahobilam Mutt Temple

The Supreme Court, on Friday, refused to entertain Andhra Pradesh Government’s plea assailing High Court’s order, which held that State's decision to appoint 'Executive Officer' to control and manage the affairs of Ahobilam Temple in Kurnool is violative of A. 26(d) of the Constitution and affects the Mathadipathi’s right of administration.The State’s plea came up for hearing before...

Delhi Mayor Polls | Supreme Court To Hear AAP Leader's Plea For Early Election Of MCD Mayor On Feb 3

The Supreme Court on Friday listed plea concerning timely conduct of Delhi Mayor Elections on 3rd February 2023. The matter was mentioned by Senior Advocate AM Singhvi before a bench comprising Chief Justice DY Chandrachud and Justice Dipankar Datta.The petition has been filed by Aam Aadmi Party's mayor candidate Dr Shelly Oberoi demanding timely conduct of Delhi mayoral elections.The Delhi...

Supreme Court Sets Aside Bail Condition To Deposit Rs 70 Lakhs In Case For Wrongfully Claiming ITC

The Supreme Court has overturned a bail condition imposed by the High Court that a person accused of illegally claiming Input Tax Credit must deposit deposit Rs. 70 lakhs, the alleged amount of improperly claimed ITC.The petitioner contended that there was no final assessment in respect of the wrongful availment of ITC under the GST Act. Hence, it cannot be presumed that the appellant is under...

Supreme Court Annual Digest 2022- SARFAESI Act 2002

Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 - After the CIRP is initiated, all actions including any action under the SARFAESI Act to foreclose, recover or enforce any security interest are prohibited. (Para 24, 35) Indian Overseas Bank v. RCM Infrastructure Ltd; 2022 LiveLaw (SC) 496 : AIR 2022 SC 2687 : (2022) 8...

'Arbitrary Legal Sanction To Pervasive State Intrusion Into Private Lives': NFIW Challenges Anti-Religious Conversion Laws Of Eight States In SC

The National Federation of Indian Women has moved the Supreme Court challenging eight state legislations regulating religious conversions, i.e. Anti-Conversion and Freedom of Religion Acts of various states. Filed through AoR Aakarsh Kamra, the PIL challenges statutes enacted by the governments of Gujarat, Haryana, Himachal Pradesh, Jharkhand, Karnataka, Madhya Pradesh, Uttar Pradesh...

Is Arbitration Clause In Unstamped Contract Valid? Supreme Court Constitution Bench Reserves Judgment

A Constitution Bench of the Supreme Court, on Wednesday, reserved order in the reference, which pertains to the issue - whether the arbitration clause in a contract, which is required to be registered and stamped, but is not registered and stamped, is valid and enforceable.A 5-Judge Bench, comprising Justice K.M. Joseph, Justice Ajay Rastogi, Justice Aniruddha Bose, Justice Hrishikesh Roy...

Collegium System Better Than Govt Appointing Judges; But It Is Non-Transparent, Non-Objective & Riddled With Nepotism : Prashant Bhushan

As the controversy over the collegium system refuses to die down, Advocate Prashant Bhushan added to the debate on Wednesday by saying that the existing judicial appointment mechanism, although better than allowing the government to have a direct vote, was still afflicted with a lack of transparency. Highlighting the failure of the superior courts to lay down any objective criteria...