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High Court Order Will Prevail When Conflicting Orders Are Passed By HC & NGT On Same Issue : Supreme Court
Holding that orders of High Court would prevail over Tribunal's in case of contradicting orders passed by High Court and NGT, the Supreme Court on Wednesday quashed the proceedings before National Green Tribunal which halted the construction works at Rushikonda Hills in Visakhapattanam."The contradicting orders of High Court and the National Green Tribunal would leave to anamolous situation,...
'You Have To Use More Persuasive Skills At Registry' : Justice Gavai To Lawyer Seeking Urgent Listing
Justice BR Gavai, judge of the Supreme Court, remarked in a lighter vein on Wednesday that a lawyer may have to use more persuasive skills before the Registry to get urgent listing of a case."We are granting you circulation. Now you've to persuade the Registry. You have to use your persuasive skills there more than here", Justice Gavai told a lawyer who was mentioning a matter for...
Advocate's Plea In Supreme Court Seeks Establishment Of Bar Council In Jammu & Kashmir And Ladakh
A practising advocate from Jammu & Kashmir and Ladakh has approached Supreme Court seeking establishment of the Bar Council in Jammu & Kashmir and Ladakh. It has been argued in the petition that the entire Legal Fraternity in Jammu and Kashmir and Ladakh has no Government established body where they can get themselves enrolled and take benefits of the Bar Council as compared...
GUJCOTOC Act Can't Be Invoked If Only One Chargesheet Has Been Filed Against Accused : Supreme Court
Opining that for invoking the provisions of the draconian Gujarat Control of Terrorism and Organised Crime Act, 2015, it is necessary that more than one charge-sheet must have been filed in respect of an activity which can be said to have been undertaken by one as a member of an organised crime syndicate on behalf of such syndicate, the Supreme Court on Monday released the petitioner on bail....
Pension Is A Continuous Cause Of Action; Arrears Can't Be Denied On Ground Of Delay : Supreme Court
The Supreme Court, recently, held that arrears of pension cannot be denied on the ground of delay in approaching the Court as pension is a continuous cause of action. The appellant had filed writ petition along with other petitioners before the Bombay High Court at Goa, assailing the action of their employer (Goa Government) retiring them at the age of 58 years instead of 60 years....
Change In Government Policy, If Reasonable And In Public Interest, Would Prevail Over Individual Interests: Supreme Court Reiterates
Recently, the Supreme Court reiterated that change in policy by the Government, if guided by reason and done in public interest, would prevail over private agreements entered between Governments and private parties.The Court held :"...it is more than settled that a change in policy by the Government can have an overriding effect over private treaties between the Government and a private...
Raise Smoking Age To 21, Ban Sale Of Loose Cigarettes: PIL In Supreme Court
A PIL has been filed in the Supreme Court seeking a direction to the Central Government to raise the smoking age to 21 years. Also, the petition has sought a ban on the sale of loose cigarettes. The petition has been filed by Advocates Shubham Awasthi and Rishi Mishra seeking guidelines to control smoking in India with increasing cigarette smoking among adolescent and youth...
Indian Students Going To Ukraine Due To High Cost Of Medical Education Here : Justice BR Gavai
"Because of cost of medical education here, the students of India were required to go to Ukraine as it is much cheaper there",Justice BR Gavai, judge of the Supreme Court, remarked on Tuesday while considering a case pertaining to opening of new pharmacy colleges.The remark was made while considering a batch of petitions challenging orders passed by High Courts of Delhi, Chattisgarh and...
'Madrassas Won't Lose Minority Status By Mere Receipt Of State Aid' :Plea In Supreme Court Challenges Assam Repealing Act 2020
A Special Leave Petition has been filed in the Supreme Court challenging Gauhati High Court's order of upholding the constitutionality of the law passed by the Assam assembly in 2020 of converting State-funded Madrassas (called "provincialized Madrasas") into general schools ("impugned law"). The SLP assails High Court's order dated February 4, 2022 by which the bench of Chief...
Senior Lawyers With 20 Yrs Experience Must Guide At Least 15 Juniors, Opines Supreme Court
A vacation bench of the the Supreme Court on Tuesday orally remarked that every senior lawyer who has 20 years of experience in the Bar must undertake to guide at least 15 junior lawyers. Asking the Senior Advocates to devise some modalities to impart guidance to juniors on court-craft and etiquette, the vacation bench of Justices Ajay Rastogi and BV Nagarathna said, "Every senior...
'Most Students From Rural & Poor Background' : Supreme Court Says NIOS Must Endeavour To Fix Exam Centres Within 10 KMs Of Institutions
Allowing a writ petition filed by a school, the Supreme Court observed that National Institute of Open Schooling (NIOS) has a duty to fix examination centres in a manner to enable students to appear in the examination with certainty and ease."It is for NIOS to go an extra mile rather than expecting the students to walk long distances from villages and towns to take the examination", the...