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Supreme Court Dismisses Plea Challenging Stay On HC Direction To Enforce Delhi CM's Speech Promising Rent Relief
The Supreme Court on Monday dismissed the challenge to the September, 2021 order of the Delhi High Court division bench temporarily staying the Single Judge order making promises extended by Chief Minister Arvind Kejriwal for payment of rent on behalf of poor tenants enforceable.A bench comprising Justice DY Chandrachud and Justice Surya Kant was considering a special leave petition filed...
Supertech Twin Towers Demolition Started; Will Be Over May 22: NOIDA Authority Informs Supreme Court
In connection with the Supertech Emerald Court project in Noida, the Supreme Court on Monday was informed by the NOIDA Authority that on or before May 22, the twin towers would stand demolished.The Court had on February 7 had directed that the work of demolition of the twin 40-storeyed towers in Supertech's Emerald Court project in Noida shall commence no later than within a period of two...
Cyrus Mistry Seeks Expunction Of Remarks Against Him In Supreme Court Judgment Allowing Tata Sons' Appeal
The Supreme Court on Monday agreed to hear an application filed by Cyrus Mistry seeking directions for expunging/deleting certain remarks in Supreme Court's judgement delivered on March 26 last year in the Tata Son's appeal. Mistry is aggrieved by certain remarks made against in that judgement by the Supreme Court while allowing Tata Sons' appeal against the order of the National Company...
Section 138 NI Act - Bank Can't Deny Existence Of Account After Returning Cheque With Remark 'Account Frozen' : Supreme Court
If a cheque is returned by a bank with an endorsement "account frozen", then it presupposes the existence of the account, observed the Supreme Court in a recent case.The Court expressed surprise at the stand of the bank that the no such account was maintained and operated by it, despite returning the cheque with the remark "account frozen".In this background, the Supreme Court quashed the...
Right To Protest Not Lost Merely Because Same Issue Is Pending Before A Constitutional Court : Andhra Pradesh HC
The Andhra Pradesh High Court observed in a recent case that a petitioner will not be deprived of the right to protest on an issue merely because he has approached a constitutional court on the same subject matter.In a recent writ petition before the Andhra Pradesh High Court, Justice Ahsanuddin Amanullah and B.S. Bhanumathi in obiter said: "Approaching a constitutional court for...
Indefinite Adjournment Of Anticipatory Bail Plea, That Too After Admitting It, Detrimental To Personal Liberty : Supreme Court
"When an application for anticipatory bail was listed before the learned Single Judge, which was also accompanied by an application for ad-interim relief, the learned Judge should have decided the same one way or the other, so far as the ad-interim prayer or should have taken up for consideration after giving some reasonable time to the Stat."
Section 34 IPC Not Attracted When Final Outcome Or Offence Committed Is Distinctly Remote And Unconnected With Common Intention : Supreme Court
The Supreme Court observed that Section 34 of the Indian Penal Code does not attract when the final outcome or offence committed is distinctly remote and unconnected with the common intention.A co-perpetrator, who shares a common intention, will be liable only to the extent that he intends or could or should have visualized the possibility or probability of the final act, the bench...
Consumer Complaint Against Telecom Companies Maintainable : Supreme Court Dismisses Appeal Filed By Vodafone - Idea
The Supreme Court held that consumer complaint against telecom companies is maintainable before Consumer forum/Commission.The three judges bench comprising Justices DY Chandrachud, Surya Kant and Vikram Nath observed that the existence of an arbitral remedy under the Indian Telegraph Act, 1885, will not oust the jurisdiction of the consumer forum.In this case, a consumer complaint before...
Delay By Itself Cannot Veto A Writ Petition Under Article 32 When Fundamental Rights Are Clearly At Stake : Supreme Court
While quashing notification issued by Bihar Government that approved issuance of Scheduled Tribe Caste certificate to Lohar community, the Supreme Court observed that that the delay by itself cannot be used as a weapon to Veto an action under Article 32 when violation of Fundamental Rights is clearly at stake.In this case, Sunil Kumar Rai and others approached the Apex Court challenging...
'Lohar Is Not Same As Lohara': Supreme Court Quashes Bihar Govt. Notification That Approved Issuance Of Scheduled Tribe Caste Certificates To Lohar Community
The Supreme Court quashed a notifications issued by Bihar Government that approved issuance of Scheduled Tribe Caste certificate to Lohar community."Lohar is not same as Lohara. Including Lohars alongside 'Lohara' is clearly illegal and arbitrary", the bench comprising Justices KM Joseph and Hrishikesh Roy observed.The court noted that Lohars were not included as members of the Scheduled...
Order Granting Bail Requires Exercise Of Discretion In Judicious Manner On Application Of Settled Parameters: Supreme Court Reiterates
The Supreme Court has reiterated that grant of bail, though a discretionary order, requires such discretion to be exercised in a judicious manner and on the application of certain settled parameters.The bench of Justices Sanjiv Khanna and Bela M Trivedi was considering SLP assailing Bombay High Court's order dated September 6, 2021 wherein the High Court had granted bail to Mohammad...
Eye Witness's Evidence Cannot Be Discarded Merely Because He Did Not Intervene When Deceased Was Attacked: Supreme Court
The Supreme Court observed that evidence of an eye witness cannot be discarded only for the reason that he allegedly did not raise any alarm or did not try to intervene when the deceased was being attacked.The court observed thus while dismissing an appeal filed by an accused who was concurrently convicted in a murder case of offences under Section 302 IPC and Sections 25 and 27 of the Arms...