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Karnataka HC's Observations Against ACB "Irrelevant" In Bail Application, Says Supreme Court; Stays Proceedings Against ACB
The Supreme Court on Monday stayed the directions passed by a single bench of the Karnataka High Court against the Anti-Corruption Bureue(ACB) such as the calling for closure reports filed so far and service records of the officers. The bench of CJI NV Ramanna, Justices Krishna Murari and Hima Kohli said that the judge while hearing the bail petition of one accused made...
Supreme Court Agrees To List Plea Filed By 14 Shiv Sena MLAs Of Uddhav Camp Against Disqualification Proceedings On July 20
The Supreme Court on Monday agreed to list the petition preferred by 14 Shiv Sena MLAs of the Uddhav Thackeray challenging the initiation of "illegal" disqualification proceedings against them under the Tenth Schedule along with the other petitions related to Maharashtra's political crisis that are slated to be heard on July 20. The new writ petition was mentioned before the bench of...
Supreme Court To Hear Plea Seeking Right To Worship Shivling Stated To Be Found In Gyanvapi Mosque On July 21
The Supreme Court on Monday agreed to list on July 21 a plea to allow the worship of Shivling stated to be found in the premises of the Gyanvapi mosque during its survey.Advocate Vishnu Shankar Jain mention the writ petition filed under Article 32 of the Constitution of India before the Chief Justice of India for listing the matter on July 21. The counsel said that the petition filed by...
By Merely Denying Landlord-Tenant Relationship, Defendant In Eviction Suit Can't Enjoy Property During Pendency Without Depositing Rent : Supreme Court
The Supreme Court has observed that a defendant cannot enjoy the property during pendency of suit without depositing the amount of rent/damages by merely denying the relationship of landlord- tenant/lessor-lessee. "In the context of the proposition of denial of title of the plaintiff and denial of relationship of landlord and tenant between the plaintiff and defendant, we may...
Opportunity Of Hearing Not Required To Be Afforded To Army Officers Before Suspending Them Pending Court Of Inquiry : Supreme Court
The Supreme Court observed that opportunity of hearing is not required to be afforded to army officers before suspending them pending the Court of Inquiry. Even under Regulation 349 also, there is no requirement of such a procedure to be followed, the bench of Justices MR Shah and BV Nagarathna observedThe relevant portion of Regulation 349 reads as follows: An officer may be suspended from...
Supreme Court Stays Patna HC Judgment Which Allowed Elected Persons Disqualified For Having More Than 2 Children To Continue As Panchayat Members
The Supreme Court recently issued notice in s Special Leave Petition assailing Patna High Court's order allowing three elected persons who were disqualified by the State Election Commission for having more than two children to continue to participate as members of Panchayat. The bench of Justices SK Kaul and MM Sundresh stayed High Court's judgement and said, "In the meantime,...
BREAKING| Supreme Court Bench Led By CJI To Hear Petitions Related To Shiv Sena Rift On July 20
The Supreme Court will hear on July 20 the petitions filed in relation to the rift in Shiv Sena which led to changes in Maharashtra Government and Assembly.A bench comprising Chief Justice of India NV Ramana, Justice Krishna Murari and Justice Hima Kohli will hear the petitions.The following are the petitions:Petition preferred by rebel Shiv Sena leader Eknath Shinde(now the Chief Minister)...
Supreme Court Weekly Round-Up: July 11 To July 16, 2022
Supreme Court Judgements Person Who Secures Appointment On The Basis Of A False Caste Certificate Cannot Be Permitted To Retain Benefit Of Wrongful Appointment : Supreme Court Case title: Chief Executive Officer Bhilai Steel Plant Bhilai vs Mahesh Kumar Gonnade | CA 4990 OF 2021 Citation: 2022 LiveLaw (SC) 572 The Supreme Court bench of Justices Sanjay Kishan...
Primary Object of Habeas Corpus Petition For Child's Custody Is To Determine In Whose Custody The Best Interest of the Child Will Be Advanced: Supreme Court
The Supreme Court, on Thursday, held that in petition seeking writ of habeas corpus in matter relating to custody of child, the Court exercises an inherent jurisdiction, independent of any statute and therein the paramount consideration of the Court is to ascertain what is in the best interest of the child. "...the employment of the writ of Habeas Corpus in child custody cases is...
Shinde vs Thackeray : Who Is The Real Shiv Sena? 10th Schedule Clinches The Issue - PDT Achary | Full Text Of Interview
PDT Achary, the former Secretary General of Lok Sabha, opined that the tenth schedule of the Constitution plays an important role in determining which faction can claim to be the real political party following a rift.In this regard, he referred to Explanation (a) to the second paragraph of the tenth schedule of the Constitution, which says "an elected member of a House shall be deemed to...
Scope Of Interference In Criminal Appeal By Special Leave Under Article 136 Of Constitution : Supreme Court Explains
In a judgment dismissing a criminal appeal, the Supreme Court explained the scope of criminal appeals by special leave under Article 136 of the Constitution of India.The power under Article 136 is exercisable only when this Court is satisfied that it is necessary to interfere in order to prevent grave or serious miscarriage of justice, the court said. Referring to earlier judgments, the...
Quality Of Legislative Performance Declining In Country; Laws Being Passed Without Detailed Deliberation & Scrutiny : CJI Ramana
Chief Justice of India NV Ramana on Saturday said that there is a general decline in the legislative performance in the country and that laws are being passed without due deliberation and scrutiny.Addressing a meeting at the Legislative Assembly of Rajasthan on the topic "75th year of Parliamentary democracy", the CJI said :"I hope I am proved wrong. But, sadly, the country is witnessing...