Centre Has Sent Some Names To Collegium For Consideration For Appointment As Judges, Says Supreme Court

The Supreme Court on Friday disclosed that the Central Government has sent some names to the collegium for consideration for judges appointments, although such names were not earlier cleared by the collegium.A bench comprising Justices Sanjay Kishan Kaul and Justice AS Oka was hearing a contempt petition filed against the Union Ministry of Law and Justice over delay in judicial...

"Private Civil Dispute Converted To Criminal Proceedings" : Supreme Court Quashes Complaint Alleging Offence Under SC-ST (Prevention Of Atrocities) Act

The Supreme Court, in a judgment yesterday, quashed a complaint alleging offences under Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, observing that it amounted to abuse of process of law and Court.The bench of Justices M R Shah and Krishna Murari observed that the private civil dispute between the parties is converted into criminal proceedings.In this case,...

Lawyer's Elevation As Judge Should Not Be Objected Merely On Basis Of View Expressed Or Case Conducted : Supreme Court Tells Centre

While hearing the matter relating to judges' appointments, the Supreme Court on Friday orally told the Central Government that elevation of lawyers should not be objected to merely on the basis of views expressed by them or cases conducted by them.A bench comprising Justices Sanjay Kishan Kaul and Abhay S Oka was hearing a contempt petition filed against the Union Ministry of Law and Justice...

Supreme Court Criticises Centre For Sitting Over Collegium Proposals For Judges' Transfer, Says It Gives Impression Of 'Third Party Interferences'

Flagging the issue of ten recommendations made by the Collegium regarding transfer of High Court judges remaining pending with the Central Government, the Supreme Court on Friday said that such delays by the government gives rise to an impression that there is 'third party interference' on behalf of these judges with the government."Ten recommendations for transfers have been made. These...

Supreme Court Stays Meghalaya High Court's Interim Order Staying Assam-Meghalaya Border Pact

Supreme Court bench comprising Chief Justice DY Chandrachud, Justice PS Narasimha and Justice JB Pardiwala on Friday stayed the order of Meghalaya High Court which had put an interim stay on the execution of the Assam-Meghalaya border pact, which was entered into between the two States subsequent to the signing of a Memorandum of Understanding (MoU) dated 29.03.2022. Solicitor General of...

Same-Sex Couples Already Vulnerable, Public Notice Of Intended Wedding Under Special Marriage Act A Deterrent: Plea In Supreme Court, Notice Issued

Supreme Court bench comprising Chief Justice DY Chandrachud and Justices PS Narasimha and JB Pardiwala today issued notice on the petition moved by a homosexual couple, challenging the provisions of public notice and objection to marriage contemplated under the Special Marriage Act and the Foreign Marriage Act.The couple, Utkarsh Saxena and Ananya Kotia, live together since 14 years, said...

BREAKING| Supreme Court Transfers To Itself Petitions Pending In High Courts For Recognition Of Same-Sex Marriage

The Supreme Court on Friday transferred to itself the batch of petitions seeking recognition of same-sex marriage in India. The matter was listed before a bench comprising Chief Justice DY Chandrachud, Justice PS Narasimha and Justice JB Pardiwala. The bench also provided liberty to petitioners to appear on virtual platform and advance their submissions in case they are unable to engage a...

Judges Appointments | Timelines Will Be Followed, Pending Collegium Recommendations Will Be Cleared Soon : Centre Assures Supreme Court

Signalling a dial down on the confrontation with the Supreme Court over judges appointments, the Central Government on Friday assured the Court that the timelines on judicial appointments will be followed and the pending collegium recommendations will be cleared soon."All efforts are being made to conform to the timelines(as laid down by the Supreme Court)", Attorney General for India...

100 Important Supreme Court Judgments Of 2022 - PART- 5 [VIDEO]

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SARFAESI - Burden Is On Borrower To Prove That Secured Properties Are Agricultural Lands : Supreme Court

The Supreme Court held that, in SARFAESI proceedings, the burden is upon the borrower to prove that the secured properties are agricultural lands and actually being used as agricultural lands and/or agricultural activities.In this case, the DRT, while dismissing the Securitization Application filed by the borrowers observed that the land in question were not exempted from the provisions of...

MSMED Act 'Dues' Will Not Prevail Over SARFAESI Proceedings : Supreme Court

The Supreme Court observed that the dues under Micro, Small and Medium Enterprises Development Act, 2006 would not prevail over the SARFAESI Act.In this case, the Madhya Pradehs High Court held that MSMED Act will prevail over Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002. According to the High Court, in view of Section 24 of the MSMED...

Borrower Has To Pre-deposit 50% Of Which Amount In Appeal Before DRAT U/S 18 SARFAESI Act? Supreme Court Explains

While calculating the amount to be deposited as predeposit under Section 18 of the SARFAESI Act, 50% of which amount the borrower is required to deposit as pre-deposit? The Supreme Court has explained in a judgment delivered on Thursday (5 Jan 2023).The bench of Justices M R Shah and B V Nagarathna held as follows:Whatever amount is mentioned in the notice under Section 13(2) of the SARFAESI...