'Litigant Can't Be Expected To Wait Indefinitely For Reasons': Supreme Court Once Again Stresses On Need To Deliver Judgments Soon

The Supreme Court has once again stressed on the need to immediately deliver judgments by observing that a litigant cannot be expected to wait indefinitely for availability of the reasons for a Court Order.In this case, a party to election petition filed an an application under Order VII Rule 11 of the Code of Civil Procedure, 1908 in the High Court for Telangana. An order was pronounced...

Suit Is Liable To Be Dismissed If A "Necessary Party" Is Not Impleaded : Supreme Court

The Supreme Court observed that a suit is liable to be dismissed if a "necessary party" is not impleaded.For being a necessary party, according to the court, the twin test has to be satisfied (1) there must be a right to some relief against such party in respect of the controversies involved in the proceedings (2) that no effective decree can be passed in the absence of such a party.Order I...

Additional Seats Approved So That EWS Quota Won't Impact General, SC/ST/OBC Seats : Centre Tells Supreme Court

The Union of India has informed the Supreme Court that additional seats have been approved in central educational institutions to ensure that there is no adverse impact due to the implementation of the reservation for Economically Weaker Sections(EWS).The Centre said that 2,14,766 additional seats have been approved in that regard.The affidavit by the Ministry of Social Justice pointed out...

AIBE-Validity Of All India Bar Examination- Supreme Court Constitution Bench Reserves Judgment- LIVE UPDATES

#SupremeCourt to continue hearing the challenge against the All India Bar Examination. (Day 2)The #ConstitutionBench comprises Justices Sanjay Kishan Kaul, Sanjiv Khanna, A.S. Oka, Vikram Nath, and J.K. Maheshwari.Follow Live Updated Here...

Has Challenge To Demonetisation Become Academic? Does Issue Survive? Supreme Court Asks

The Supreme Court on Wednesday said that it will first examine whether the petitions challenging demonetisation have become academic and posted the matter to October 12.A Constitution Bench comprising Justices S Abdul Nazeer, BR Gavai, AS Bopanna, V Ramasubramanian and BV Nagarathna was considering 58 petitions which challenge the decision taken by the Central Government to demonetise...

Supreme Court Imposes Rs 5 Lakh Cost On Tamil Nadu Govt For Filing Unnecessary Plea Challenging Pension Of Employee

The Supreme Court recently imposed an exemplary cost of Rupees 5 lakhs on the State of Tamil Nadu for filing an unnecessary Special Leave Petition."At the outset, it is required to be noted that as such the State ought not to have filed the present Special Leave Petition. Despite the fact that the issue with respect to entitlement of pension by the respondent was concluded up to this Court,...

Supreme Court Weekly Digest With Nominal And Subject/Statute Wise Index-[September 19, 2022 – September 25, 2022]

Administrative Law - Administrative/executive orders or circulars, as the case may be, in the absence of any legislative competence cannot be made applicable with retrospective effect. Only law could be made retrospectively if it was expressly provided by the Legislature in the Statute. (Para 30) Bharat Sanchar Nigam Ltd. v. Tata Communications Ltd., 2022 LiveLaw...

Payment Of Stipend To Junior Lawyers A Real Issue, Observes Supreme Court During AIBE Hearing

A Constitution Bench of the Supreme Court on Tuesday while hearing a batch of petitions challenging the validity of the All-India Bar Examination, considered the issue of fairly remunerating junior advocates. The five-judge Bench comprised Justices Sanjay Kishan Kaul, Sanjiv Khanna, A.S. Oka, Vikram Nath, and J.K. Maheshwari. The Court is being assisted by the Attorney-General of India and...

Courts Today- A Daily Round Up Of Important Legal Developments-27.9.22

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Leave Encashment Benefit Is Part Of Salary : Supreme Court

The Supreme Court has held that leave encashment is part of salary.The Court held that the condition in Rajasthan Voluntary Rural Education Service Rules, 2010 that barred carry forward of balance privilege leave is an arbitrary and unconscionable condition, which cannot be enforced. In this case, the appellants were appointed against sanctioned posts by a senior secondary school in 1993....

Delhi Govt vs Centre : Supreme Court Constitution Bench To Start Hearing From 9th Nov, 2022

A Constitution Bench of the Supreme Court, to commence with the hearing of the dispute between the Delhi Government and the Union Government regarding the control of administrative services in the National Capital Territory of Delhi on 9th November, 2022. A 5-judge Bench comprising Justices D.Y. Chandrachud, M.R. Shah, Krishna Murari, Hima Kohli and P.S. Narasimha, on Tuesday, stated that...

AIBE Challenge: Pre-Enrolment Exam Is The Most Appropriate: AG KK Venugopal And Amicus Curiae KV Vishwanathan Tell Supreme Court

A Constitution Bench of the Supreme Court on Tuesday began hearing a batch of petitions challenging the validity of the All-India Bar Examination. The five-judge Bench comprised Justices Sanjay Kishan Kaul, Sanjiv Khanna, A.S. Oka, Vikram Nath, and J.K. Maheshwari. The lead petition is an appeal by special leave preferred by the Bar Council of India against a 2008 decision of the...