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"Justice Indu Malhotra Is Misled, Should Have Verified Facts" : Justice KT Thomas On Her Comments Of Communist Govts Taking Over Temples
Former Supreme Court judge Justice KT Thomas has criticized former Supreme Court judge Justice Indu Malhotra over her allegation that Communist governments are taking over Hindu temples.In an interview given to Malayalam daily Mathrubhumi, Justice Thomas said that Justice Malhotra might have been misled by somebody and that she should have verified facts before making public comments."I won't...
Supreme Court Half Yearly Digest 2022 (Jan - Jun) Insolvency and Bankruptcy Code, 2016
Companies Act, 1956 - Insolvency and Bankruptcy Code, 2016 - Appeal against NCLAT order which dismissed appeals against NCLT order denying relief to appellant workmen/employees with regard to their claim relating to salary, which they claimed for the period involving CIRP- Partly allowed - (i) That the wages/salaries of the workmen/employees of the Corporate Debtor for the period...
Can "Rules Of Games" Be Changed After Selection Process Has Started? Supreme Court CB To Hear On September 6
A Constitution Bench of the Supreme Court will start hearing on September 6 the issue whether the "rules of the game" can be changed after the selection process has started.The issue arose in a batch of cases relating to the selection process of District Judges conducted by certain High Courts. The primary question is whether the selection criteria can be changed during the process.On...
Second Appeal Does Not Abate On Death Of One Respondent When Right To Sue Survives Against Surviving Respondent: Supreme Court
The Supreme Court observed that a second appeal does not abate on death of one of the respondents when the right to sue survives against the surviving respondent.Abatement occurs only when the cause of action does not survive upon or against the surviving party, the bench comprising Justices Indira Banerjee and V. Ramasubramanian observed.The court was considering an appeal against the...
Arbitrators Entitled To Charge Separate Fee For Claim & Counter Claim In Arbitration Proceedings : Supreme Court
The Supreme Court held that the term 'sum in dispute' in the Fourth Schedule of the Arbitration Act refers to the sum in dispute in a claim and counter-claim separately, and not cumulatively. "Arbitrators shall be entitled to charge a separate fee for the claim and the counter-claim in an ad hoc arbitration proceeding, and the fee ceiling contained in the Fourth Schedule will separately apply...
Section 482 CrPC - Complaint Deserves To Be Quashed If If No Offence Is Made Out By A Careful Reading Of It : Supreme Court
The Supreme Court reiterated that a criminal complaint has to be quashed if if no offence is made out by a careful reading of the complaint.When the complaint itself disclosed nothing more than a commercial relationship which broke, it is not possible to enlarge the scope of his complaint by merely adding the language used in the text of the Indian Penal Code, the bench comprising Justices...
Supreme Court Issues Notice To Centre & States In PIL Seeking Invocation Of NSA Against Hoarding, Profiteering, Adulteration & Black Marketing
A Supreme Court bench comprising Justice Abdul Nazeer and Justice V Ramasubramanian issued notice to the Central government and all States, on August 29, in a Public Interest Litigation seeking Centre and States to invoke National Security Act against persons involved in hoarding, profiteering, adulteration and black marketing and seize their 100 % benami properties and disproportionate...
SC Reservation For Converted Dalits : Supreme Court Asks Centre To Explain Its Stand Within 3 Weeks
The Supreme Court, on Tuesday, asked Centre to provide its current stand on the issue of extending the benefit of reservation available to the Scheduled Caste community to Dalits who have converted to other faiths. The petition in which the order has been passed was filed almost 18 years back. A Bench comprising Justices Sanjay Kishan Kaul, A.S. Oka and Vikram Nath directed...
BCCI Can Be Said To Be A "Shop" To Attract Provisions Of ESI Act: Supreme Court
The Supreme Court observed that Board of Control for Cricket in India [BCCI] can be said to be a "shop" for the purposes of attracting the provisions of Employees State Insurance Act, 1948.The bench comprising Justices MR Shah and PS Narasimha observed that the activities of the BCCI can be said to be systematic commercial activities providing entertainment by selling tickets etc.In this...
Plea Seeking Appellate Division For Supreme Court With Regional Benches : AG Seeks Time To Get Instructions From Centre
The Attorney General of India, K.K. Venugopal on Tuesday stated that he will need time to take instructions from the Government of India on the petition seeking reliefs for the division of Supreme Court into appellate and Constitutional divisions with regional benches for the former. The matter was listed before the Constitution bench comprising Chief Justice of India UU Lalit, Justices...
Motor Accident Claims : Does Third Party Insurance Cover Pillion Rider?Supreme Court Refers To Larger Bench
Whether a pillion rider on a motorcycle is a third party? Is the insurance company liable to indemnify the insured on account of the injuries or death of such pillion rider in case of an "Act Only" Policy? The Supreme Court has referred these questions to a larger bench.The bench comprising Justices Hemant Gupta and Vikram Nath was considering a contention raised in a Special Leave Petition...