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Supreme Court Says Patna HC Exceeded Bail Jurisdiction By Directing Sahara Chief Subrata Roy To Return Investments
The Supreme Court, on Wednesday, took strong exception to interim orders passed by the Patna High Court in the anticipatory bail application filed by one Promod Kumar Saini wherein Sahara India Group Head, Subrata Roy, being a third party was summoned and asked for a plan to return investments. A Bench comprising Justices A.M. Khanwilkar and J.B. Pardiwala was perturbed that the...
Plea In Supreme Court Challenges CVC Amendment Act Allowing 5 Year Term For ED Director, Questions Extension Of Present Director's Tenure
A writ petition has been filed in the Supreme Court challenging the Central Vigilance Commission (Amendment) Act 2021, which allows the extension of the term of the Director of the Enforcement of Directorate up to 5 years. The petition filed by Dr.Jaya Thakur, a leader of the Indian National Congress, also challenges the order issued by the Central Government on November 17, 2021 to extend...
NCLT Has Discretion To Not Admit Financial Creditor's CIRP Application Even If Corporate Debtor Is In Default : Supreme Court
The Supreme Court observed that it is not mandatory for the Adjudicating Authority to admit an application to initiate Corporate Insolvency Resolution Process even if a debt existed and the Corporate debtor is in default.However, such discretionary power cannot be exercised arbitrarily or capriciously, the bench comprising Justices Indira Banerjee and JK Maheshwari cautioned.The court...
Can Omnibus Orders Be Passed Against Demolitions? Supreme Court Asks In Jamiat Pleas Challenging "Bulldozer" Actions
While hearing PILs filed by the Jamiat Ulema-i-Hind alleging that authorities in states like UP and MP are resorting to "bulldozer" action to demolish the houses of persons accused in cases like riots, the Supreme Court on Tuesday orally asked if it can pass omnibus orders restraining demolition of unauthorised constructions. The bench of Justices BR Gavai and PS Narasimha...
Supreme Court To Hear Subramanian Swamy's Plea Seeking National Heritage Status For Ram Setu On July 26
The Supreme Court on Wednesday agreed to hear on July 26, 2022 the plea seeking National Heritage Status for Ram Setu.A three-judge Bench of CJI Ramana, Justice Krishna Murari and Justice Hima Kohli issued the direction after a request was made by Rajya Sabha MP Dr Subramanian Swamy seeking urgent hearing of his plea for directions to the Center for declaring Ram Setu as a national...
'Detention Beyond Release Date Violates Article 21' : Supreme Court Grants Rs 7.5 Lakh Compensation To Convict Kept In Prison In Excess Of Sentence Period
The Supreme Court has directed the State of Chhattisgarh to pay Rs 7.5 Lakhs as compensation to a rape convict who was kept in prison beyond the period of sentence."When a competent court, upon conviction, sentenced an accused and in appeal, the sentence was modified upon confirmation of the conviction and then the appellate judgment had become final, the convict can be detained only up to...
BREAKING| Delhi High Court To Hear Plea To Postpone NEET-UG 2022 Tomorrow
A petition has been filed before the Delhi High Court seeking the postponement of the NEET-UG exam, which is to be held on July 17.The matter was mentioned today before the division bench comprising of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad, which listed the matter for urgent hearing tomorrow.In addition to postponing the nation-wide medical entrance exam, the...
Supreme Court Agrees To List Hijab Case Next Week
The Supreme Court on Wednesday agreed to list week the petitions challenging the Karnataka High Court's judgment which upheld the ban of hijab in educational institutions.Advocate Prashant Bhushan mentioned the matter before the Chief Justice of India for urgent listing."These are the Hijab Matters from Karnataka. Not been listed at all. Filed in March. Students are facing difficulties",...
Judge-Wise Statistics Of Reportable Judgments Of Supreme Court In June 2022
In the Court vacations of June 2022, the Supreme Court delivered total 23 Judgments, of which 17 were Reportable (upto 30th June 2022). Justice B.R. Gavai delivered 4 Reportable Judgments, followed by Justice Dinesh Maheshwari authoring 3 Reportable Judgments. Throughout the vacation month of June, the Supreme Court passed approximately 625 Orders, which is an average of ~28 Orders...
Relief Of Specific Performance Can Be Denied If Suit Was Not Immediately Filed After Breach; Rise In Real Estate Prices Also A Relevant Factor : Supreme Court
The Supreme Court observed that continuous readiness and willingness on the part of the Plaintiff is a condition precedent for grant of the relief of Specific Performance.The court added that there is a distinction between readiness and willingness to perform the contract and both ingredients are necessary for the relief of Specific Performance.While readiness means the capacity of the...
Bengaluru Court Directs Social Media To Take Down Photo Used To Make Defamatory Claims Against Justices Surya Kant & Pardiwala
The Additional City Civil And Session Court in Bengaluru on Tuesday passed a "John Doe" order directing social media platforms Twitter, Facebook, Linkedin, Instagram and Whatsapp to take down a widely circulated photograph which was used to make false and defamatory claims against Justice Surya Kant and Justice Pardiwala of the Supreme Court, following their remarks against former...