'100% Reservation For Local Residents In Scheduled Areas Unconstitutional' : Supreme Court Quashes Jharkhand Govt Notification

The Supreme Court on Tuesday quashed a notification issued by the State of Jharkhand in 2016 to provide for 100% reservation for local residents in District Cadre Class III and Class IV posts in the 13 Scheduled Districts of the State.The Court held that "100% reservation provided for the local residents of the concerned Scheduled Districts / Areas only would be violative of Article 16(2) of...

Promise Of Marriage Made In Good Faith But Subsequently Not Fulfilled : Supreme Court Quashes Rape Case

While quashing a rape case, the Supreme Court observed that there is a distinction between a false promise to marriage and a breach of promise which is made in good faith but subsequently not fulfilled.The court noted that, in this case, both parties were admittedly in a consensual relationship from 2009 to 2011. Though the victim contended that this relationship was on an assurance of...

Supreme Court Issues Notice To Centre On Pleas Challenging Extension Of ED Director's Tenure

The Supreme Court on Tuesday issued notice in the petitions challenging the order issued by the Central Government on November 17, 2021 to extend the term of the ED Director Sanjay Kumar Mishra by one more year. The petitions also challenge Central Vigilance Commission (Amendment) Act 2021which allows the extension of the term of the Director of the Enforcement of...

'Unwarranted Attempt To Interfere With Administration of Justice':AG Seeks Contempt Against Maharashtra Wakf Board

The Attorney General for India KK Venugopal has written to the Supreme Court of India taking strong exception to the action taken by the Maharashtra State Board of Wakfs in replacing him as a counsel in a case.The AG said that such last minute change of counsel amounts to an "unwarranted attempt to interfere with the administration of justice" and went to the extent of stating that it...

Supreme Court Bar Association Requests CJI To Declare Holiday On Raksha Bandhan

Senior Advocate Vikas Singh, the President of the Supreme Court Bar Association, made a request before the Chief Justice of India for declaring "Raksha Bandhan" as a holiday. "It's a request from the bar. Let Saturday be a working day instead", Singh submitted."I'll ask my other brother judges also, if they're willing...", CJI NV Ramana said.Raksha Bandhan this year is on August...

Hijab Case Listing Delayed As Judges Weren't Well, Will Constitute Bench Soon : CJI NV Ramana

The Hijab case was again mentioned before the Chief Justice of India today for urgent listing.Before Senior Advocate Meenakshi Arora, who was there for the mentioning, started her submission, CJI NV Ramana told her- "I will constitute a bench. One of the judges is not well".Arora indicated that the petitions were filed way back in March. "It was in March...at least if a date could be given",...

Courts This Week- A Weekly Round Of Important Legal Developments In The Country [Episode-126]

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Supreme Court Stays Criminal Proceedings Against Shooter Vartika Singh Who Had Accused Union Minister Smriti Irani Of Corruption

The Supreme Court recently stayed the proceedings in a criminal case against international shooter Vartika Singh who had filed a complaint against Union Minister Smriti Irani and others for allegedly demanding bribe to appoint her as a member of the National Commission for Women (NCW). The bench of Justices BR Gavai and PS Narasimha stayed Allahabad High Court's order dated May 11 by which...

Supreme Court Half Yearly Digest [2022] On Arbitration With Parallel Citations

Arbitration - Revocation of Arbitration Clauses and Reopening of Awards Act, 1998 (Kerala) - The Act is liable to be held unconstitutional on the ground of encroachment upon the judicial powers of the State - The Act has the effect of annulling the awards which have become "Rules of Court", is a transgression on the judicial functions of the State and therefore, violative of doctrine...

Supreme Court Issues Notice On Plea By Civil Judges Challenging Eligibility Condition For UP Higher Judicial Service Suitability Test

The Supreme Court on Monday issued notice in a plea preferred by Senior Division Civil Judges aggrieved by the notification dated May 30, 2022 issued by the State of UP which only made the officers who had completed three years of experience till December 31, 2021 eligible for taking Suitability Test of UP Higher Judicial Service-2020.The petition was listed before the bench of Justices...

Courts Today- A Daily Round Up Of Important Legal Developments- 1.8.2022

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Term Of Future NCLT Members Should Be 5 Years, Supreme Court Tells Centre While Refusing To Extend 3 Yr Term Of Those Appointed In 2019

The Supreme Court, on Monday, turned down a plea seeking modification of the tenure of members of National Company Law Tribunal (NCLT) appointed pursuant to the notification dated 20.09.2019 issued by the Ministry of Corporate Affairs, from 3 years to 5 years. It refused to extend tenure for the concerned 23 members, but clarified that while making appointments in future the...