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Hate Speech : Supreme Court Refues To Entertain PIL Seeking Arrest Of Jitendra Tyagi & Yati Narasinghanand
The Supreme Court on Friday refused to entertain a PIL filed for the arrest Of Syed Waseem Rizvi alias Jitendra Tyagi and Yati Narasinghanand in relation to Haridwar Dharam Sansad hate speech cases. The Court stated that a petition for criminal prosecution could not be filed under Article 32. The PIL was filed by Indian Muslim Shia Isna Ashari Jamaat.The PIL, along with praying for the arrest...
Subramanian Swamy's Plea To Delete "Socialism" & "Secularism" From Preamble To Constitution : Supreme Court To Hear On Sep 23
A writ petition filed by Rajya Sabha MP Dr.Subramanian Swamy seeking to delete the words "Socialism" and "Secularism" from the Preamble to the Constitution came up for consideration in the Supreme Court today.A bench comprising Justices Indira Banerjee and MM Sundresh posted Dr.Swamy's petition along with a similar petition(WP(c) 645/2020) which is listed before the bench of the Chief Justice...
Order VI Rule 17 - Amendment Applications Not To Be Rejected Merely For Delay : Supreme Court Lays Down Guidelines
The Supreme Court mere delay would not be a ground for rejecting the application for amendment under Order VI Rule 17 of Code of Civil Procedure."The delay in filing the application for amendment of the pleadings should be properly compensated by costs and error or mistake which, if not fraudulent, should not be made a ground for rejecting the application for amendment of plaint or...
POCSO Act : Supreme Court Asks State Legal Services Authorities To Use DLSA Model On Inclusion Of Para-Legal Volunteers In Police Stations
The Supreme Court of India on Thursday directed to circulate the Delhi State Legal Services Authority's scheme regarding the empanelment of Para Legal Volunteers (PLVS) in police stations in cases pertaining to offences against children, to all State Legal Services Authorities so that the same may be used as a model.A Bench of Justices Indira Banerjee and V Ramasubramanian underlined that...
Bar Of Order II Rule 2 CPC Applies Only To Subsequent Suits ; Cannot Apply To An Amendment Sought On An Existing Suit : Supreme Court
The Supreme Court observed that the bar of Order II Rule 2 of the CPC cannot apply to an amendment which is sought on an existing suit, but applies only to the subsequent suits.The bench comprising Justices Aniruddha Bose and JB Pardiwala also observed that the principle of constructive res judicata has no application when there was no formal adjudication between the parties after...
Arbitrator Has Discretion To Award Post-Award Interest On A Part Of The 'Sum': Supreme Court
The Supreme Court held that an arbitrator has the discretion to award post-award interest on a part of the 'sum'.The arbitrator has the discretion to determine the rate of reasonable interest, the sum on which the interest is to be paid, that is whether on the whole or any part of the principal amount, and the period for which payment of interest is to be made - whether it should be for the...
Page Limit For Pleadings In Supreme Court Needed : Justice Ravindra Bhat
Supreme Court Justice Ravindra Bhat, on Thursday, expressed his concern over long pleadings made before the court. While hearing a PIL seeking a Uniform Judicial Code to be followed by all High Court, he stated it was necessary for advocates to cut down their pleadings. He said–"If you ask me what requires to be done urgently, it is to cut down pleadings. Today, all of you present...
Sidhu Moosewala Murder : Supreme Court Questions Punjab Police On Custody Of Lawrence Bishnoi In Multiple FIRs
The Supreme Court on India on Thursday asked the Punjab State government how many First Information Reports were registered against gangster Lawrence Bishnoi and for how many FIRs he has been in police custody since June 13, 2022. A Bench of Justices Ajay Rastogi and BV Nagarathna was considering a plea moved by the father of Lawrence Bishnoi challenging the transit remand...
'About 130 Three-Judge Bench Matters Pending': Justice Chandrachud Explains Reason For Changing Sequence Of Hearing
During the course of hearing a matter, on Thursday, Supreme Court Judge, Justice D.Y. Chandrachud, indicated the reason behind the listing of 3-Judge Bench matters in the morning session on the non-miscellaneous days (NMD) i.e., Tuesday, Wednesday and Thursday. Recently CJI, U.U. Lalit, has introduced reform in the order of hearing of cases on NMD. Regular hearing matters are...
SC Orders Are To Be Given Effect In Letter & Spirit ; Cannot Be Treated As Paper Orders: Supreme Court
The Supreme Court observed that its orders has to be given effect in letter and spirit and cannot be permitted to be treated as a paper order.In this case, the Supreme Court, in an order passed in 2016, directed that, in the event the defendant fails to pay the arrears, the evidence filed in the case shall be struck off and the Court shall proceed in the matter and decide the case. Though...
Supreme Court Refuses To Entertain PIL Seeking Uniformity In Filing Process & Nomenclatures Across All High Courts
The Supreme Court, on Thursday, refused to entertain a Public Interest Litigation filed by lawyer Ashwini Upadhyay seeking directions to High Courts to take appropriate steps to adopt a "Uniform Judicial Code". The matter was heard by bench comprising Chief Justice U.U. Lalit and Justice Ravindra Bhat and was dismissed as withdrawn.The petition sought directions for a uniformity in procedure...