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]

...

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...

Supreme Court Annual Digest 2022-Code Of Criminal Procedure (CrPC)

Code of Criminal Procedure 1973 Code of Criminal Procedure, 1973 - Appeal against High Court order setting aside criminal proceedings on the ground that taking cognizance by magistrate was barred by limitation - Allowed - The High Court made a fundamental error in assuming that the date of taking cognizance i.e., 04.12.2012 is decisive of the matter, while ignoring the fact that...

Supreme Court Seeks Personal Affidavit Of UP DG Prisons On Compliance Of Directions Regarding Premature Release Of Life Convicts

Supreme Court bench comprising Chief Justice DY Chandrachud and Justice PS Narasimha directed the Director General (Prisons) of the State of Uttar Pradesh to file a personal affidavit showing steps taken in pursuance of the judgement in Rashidul Jafar v. State of UP, in which a slew of directions were issued regarding remission of prisoners. The issue arose in a matter pertaining to remission...

Courts Today- A Daily Round Up Of Important Legal Developments- 5.1.23

...

'Harassment Of Inter-Faith Couples, Invasion Of Privacy' : Jamiat Ulama-I-Hind Moves Supreme Court Challenging Anti-Conversion Laws Of 5 States

Jamiat Ulama-i-Hind has filed a Public Interest Litigation challenging the constitutional validity of conversion laws across the country. The challenged acts include the Uttar Pradesh Prohibition Of Unlawful Conversion Of Religion Act, 2021, the Uttarakhand Freedom Of Religion Act, 2018, the Himachal Pradesh Freedom Of Religion Act, 2019, the Madhya Pradesh Freedom Of Religion Act, 2021 and...

Can Default Bail Be Cancelled On Merits Or Only For Violations Of Conditions? Supreme Court Reserves Judgment

Today, the Supreme Court reserved its judgement in a plea moved by the Central Bureau of Investigation seeking the cancellation of default bail granted to Erra Gangi Reddy in connection with the YS Vivekananda Reddy murder case.Vivekananda Reddy, an Indian National Congress leader, was brutally murdered and found at his residence in Kadapa, Andhra Pradesh on 15 March 2019.A Bench of Justices...

“Inappropriate, Almost Bordering On Contempt”: SC Deprecates NCLAT Order Impeding Implementation Of SC Order

The Supreme Court Bench comprising of Justice Sanjay Kishan Kaul and Justice Abhay S. Oka while adjudicating an appeal filed in Indiabulls Housing Finance Ltd. V Iirf India Realty Xii Ltd. & Ors., has set aside a status quo order passed by NCLAT Delhi which impeded the implementation of an order passed by the Supreme Court. The Bench has deprecated the NCLAT order while...

Why Not Display Advertisements On Rear Side Of Buses? Supreme Court Asks KSRTC To Submit A New Scheme

On Thursday, the Supreme Court asked the Kerala State Road Transport Corporation to formulate a scheme to continue with advertisements on buses in a manner which will not cause distraction or violate rules.Taking note of the High Court view that the display of advertisements on the sides of the buses can cause distraction, the Supreme Court asked why can't a scheme be formulated to...