Soldier Can't Claim Disability Pension Based On Medical Examination Conducted Years After His Discharge : Supreme Court

The Supreme Court, on Tuesday, noted in order to be eligible for disability pension under Rule 14 of the Entitlement Rules for Casualty Pensionary Awards, 1982, it is not sufficient to demonstrate that the ailment or disability of a soldier had arisen in service. It ought to be also established that the conditions of military service determined or contributed to the onset of the disease and...

'Right To Be Forgotten' : Supreme Court Directs Registry To Examine A Litigant's Request To Erase Names/ Address From Order

The Supreme Court, in an order passed recently, called upon its Registry to examine the plea of a litigant based on 'right to be forgotten' and 'right of eraser'."We thus, call upon the Registry of the Supreme Court to examine the issue and to work out how the name of both the petitioner and respondent No.1 along with address details can be masked so that they do not appear visible for any...

Courts Today- A Daily Round Up Of Important Legal Developments- 20.7.2022

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NCLT Not A Debt Collection Forum ; Operational Creditor's Application To Initiate CIRP Must Be Dismissed If The Debt Is Disputed: Supreme Court

The Supreme Court observed that application of the Operational Creditor for initiation of Corporate Insolvency Resolution Process (CIRP) must be dismissed, if the debt is disputed.It is not the object of the IBC that CIRP should be initiated to penalize solvent companies for non-payment of disputed dues claimed by an operational creditor, the bench of Justices Indira Banerjee and...

Mekedatu Dam Dispute Between TN & Karnataka : Supreme Court Seeks Presence Of Secretary Of Cauvery Water Management Authority On July 26

While hearing a plea filed by the State of Tamil Nadu seeking urgent directions to restrain the Cauvery Water Management Authority (CWMA) from deliberating the proposed construction of reservoir at Mekedatu across the inter-state river Cauvery by the State of Karnataka, the Supreme Court, on Wednesday, adjourned the matter till 26th July, 2022 asking the Secretary of the Cauvery...

"No Sanction Under AFSPA Obtained" : Supreme Court Stays Criminal Proceedings Against Army Officers Accused Of Killing Civilians In Nagaland

The Supreme Court has stayed criminal proceedings against Indian Army Officers accused of killing civilians in Nagaland taking note of the fact that mandatory previous sanction as required under Section 6 of the Armed Forces (Special Powers) Act, 1958 has not been obtained.On December 4, 2021, they had allegedly fired at a pickup truck carrying eight miners in eastern Nagaland's Oting...

Supreme Court Rejects Maharashtra Govt's Plea To Review Order Transferring Cases Against Parambir Singh To CBI

The Supreme Court, on Wednesday, rejected a petition filed by the Maharashtra Government(while Uddhav Thackeary was the Chief Minister) seeking review of the Apex Court's order transferring the investigation in 5 FIRs against former Mumbai Police Commissioner, Param Bir Singh to the Central Bureau of Investigation.The review petition was filed on May 17, 2022. A Bench comprising...

'Power Of Arrest Must Be Used Sparingly; No Justification To Keep Him In Continued Custody' : SC In Mohammed Zubair Case [Full Courtroom Exchange]

The Supreme Court on Wednesday ordered the release of fact-checker Mohmmed Zubair on interim bail in all the FIRs registered by the UP Police over his tweets.The Court observed that "there is no justification to keep him in continued custody any further and subject him to diverse proceedings when the gravamen of allegations arises from the tweets which form part of investigation by Delhi...

IT Rules 2021 : Supreme Court To Hear Centre's Plea To Stay Interim Orders Passed By High Courts On July 27

The Supreme Court, on Wednesday, disposed of the petitions seeking direction to regulate online media and OTT content as infructuous. The transfer petition in the batch seeking directions to regulate intermediates, along with the main Writ Petition before the concerned High Court were also disposed of. Considering that new IT Rules, namely, Information Technology (Intermediary...

Court While Deciding 'Section 11' Application Seeking Appointment Of Arbitrator Can Consider Whether Dispute Falls Within 'Excepted Clause' : Supreme Court

The Supreme Court held that, at the stage of deciding application for appointment of arbitrator, a Court can consider whether the dispute falls within the excepted clause.The court observed that the question of jurisdiction and non-­arbitrability can be considered by a Court at the stage of deciding an application under Section 11 of Arbitration and Conciliation Act if the facts are very...

Supreme Court Allows OBC Quota In Remaining Local Body Elections In Maharashtra; Directs SEC To Notify Elections In 2 Weeks

The Supreme Court, on Wednesday, allowed OBC reservation in the upcoming local body elections in Maharashtra as per the recommendations of the commission appointed by the State Government.The Court directed the Maharashtra Election Commission (SEC) to notify the election programme with respect to the local bodies wherein it is yet to be notified, within a period of two weeks.In December...

Supreme Court Orders Release Of Mohammed Zubair On Interim Bail In All UP Police FIRs [Video]

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