Can Insurer Impleaded As Respondent In Claim Petition Challenge Quantum Of Compensation Without Leave Under Section 170 MV Act? Supreme Court To Consider

The Supreme Court has issued notice on a plea urging that an Insurance Company, if impleaded as a party respondent under the Motor Vehicles Act, can question the quantum of compensation as a person against whom a claim is made. The bench of Justices S. K. Kaul and M. M. Sundresh was hearing the SLP against a March decision of the Bombay High Court at Goa dismissing the appeal filed by...

'High Ranking Official Also Equally Entitled To Bail' : Supreme Court Dismisses Chattisgarh's Challenge Against Bail Granted To Former ADGP

The Supreme Court on Tuesday dismissed Chattisgarh Government's plea challenging bail granted to suspended Additional Director General of Police Gurjinder Pal Singh's in case filed against him under the Prevention of Corruption Act for allegations of disproportionate assets.A vacation bench comprising Justice BR Gavai and Justice Hima Kohli observed that the petition filed by State of...

Supreme Court Allows Project 39A-NLUD To Interview Death Row Convict For Report On Character & Behaviour To Analyse Mitigating Circumstances

The Supreme Court recently allowed the prayer of a death row convict to have an interview with a mitigating investigator associated with Project 39A of National Law University Delhi to submit a report regarding mitigating circumstances.The Court opined that it would be essential to have the particulars regarding the character and behaviour of accused, on record, in death penalty matters for...

Supreme Court Says It Hopes & Trusts Bombay High Court Will Hear Anil Deshmukh's Bail Application Expeditiously

The Supreme Court on Tuesday granted Former Maharashtra Home Minister Anil Deshmukh liberty to file an application before the Bombay High Court seeking early listing of his bail application in the money laundering case which is being investigated by the ED. The Court observed that it hopes and trusts that the High Court will hear the matter will be expeditiously heard.The vacation bench...

Supreme Court Quarterly Digest 2022 - TAX (Jan - Mar)

Constitution of India, 1950 - Levy of Excise Duty - State Legislature has no authority to levy duty or tax on alcohol, which is not for human consumption as that could be levied only by the Centre - State only empowered to levy excise duty on alcoholic liquor for human consumption. State of Orissa v. Utkal Distilleries Ltd; 2022 LiveLaw (SC) 240 Constitution of India, 1950; Article 226...

No VC Hearing In Supreme Court Today Due To Internet Disruption In Heavy Rains-UPDATE- VC Hearings Resumed

UPDATE: Internet services have been restored, VC hearings can be accessed through links provided.The Video Conference (VC) hearings in Supreme Court have been cancelled for today due to the disruption of internet services in Delhi's heavy rains.Therefore, hearings in the Supreme Court will be only through physical mode today. Two vacation benches are hearing matters today.A message sent by...

Recovery Certificate Holder Can Initiate CIRP As Financial Creditor Under IBC : Supreme Court

The Supreme Court, on Monday, held that a liability in respect of a claim arising out of a Recovery Certificate under the Recovery of Debts and Bankruptcy Act, 1993 would be a "financial debt" within the meaning of Section 5(8) of the Insolvency and Bankruptcy Code, 2016 (IBC) and a holder of such Recovery Certificate would be a "financial creditor" under Section 5(7) of the IBC....

Can High Court Extend "One Time Settlement(OTS)" Time Period Under Writ Jurisdiction? Supreme Court To consider

The Supreme Court recently agreed to consider whether the High Court under Article 226 can extend the time period mentioned in the One Time Settlement ("OTS") even when under the OTS a specific time limit was fixed and concession was granted. The bench of Justices MR Shah and BV Nagarathna agreed to examine the question while considering a Special Leave Petition assailing Punjab...

"Protect Heritage Of Lord Jagannath": Plea Before Supreme Court Alleges Illegal Excavation By State Of Odisha At Shree Jagannath Temple

Alleging illegal excavation and construction work by the Odisha Government at Shree Jagannath temple, a petition has been filed before the Supreme Court to 'protect the heritage of Lord Shree Jagannath'A special leave petition filed challenging Odisha High Court's order refusing to restrain the State from carrying out any excavation in and around Lord Jagannath Temple, Puri was mentioned...

"Speech In Bad Taste Does Not Make It A Terrorist Act": Delhi High Court On Umar Khalid's Amravati Speech In Bail Hearing

Referring to the February 2020 speech made by student activist Umar Khalid at Amravati, the Delhi High Court on Monday said that the speech, which may be in bad taste, does not make it a terrorist act. A division bench comprising of Justice Siddharth Mridul and Justice Rajnish Bhatnagar was hearing the appeal filed by Umar Khalid challenging the Trial Court's order refusing him bail in...

Gyanvapi Case: Anjuman Committee Opposes Maintainability Of Hindu Worshippers' Suit, Next Hearing On July 4

The Varanasi District Court today heard the Order 7 Rule 11 CPC application filed by the defendants (including the Anjuman Islamia committee) questioning the maintainability of the suit filed by five Hindu women (plaintiffs) over the Gyanvapi Mosque-Kashi Vishwanath temple dispute.The District Judge Dr. Ajay Krishna Vishwesha has posted the matter for next hearing on July 4.On May 24, the...

"We Come To Court Everyday": Supreme Court Vacation Bench Insists On Lawyers' Physical Presence

A vacation bench of Justices Ajay Rastogi and BV Nagarathna on Monday insisted for physical presence of lawyers for arguing cases instead of they making their appearance through video conferencing. "We come to court everyday. Only lawyers who are physically present, we'll give them indulgence," the bench remarked. The remarks came in cases where Senior Advocate(s) Mukul Rohatgi,...