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IBC - Claim Which Is Not Part Of Resolution Plan Doesn't Survive: Supreme Court
In the case where a claim by the Revenue authority was not lodged before Resolution Professional after issuance of Public notices under the Insolvency and Bankruptcy Code(IBC) before approval of the Resolution plan, the Supreme Court of India has held that the claim which is not part of the Resolution Plan, does not survive.A bench comprising Justice BR Gavai and Justice Ravindra Bhat...
Duration Of Blacklisting Cannot Be Solely 'Per Offence' : Supreme Court Disapproves Guidelines Framed By Odisha Govt.
The Supreme Court observed that duration of blacklisting cannot be solely per offence.The court disapproved the guidelines issued by the Odisha Government that blacklisting period per offence shall be limited to three years subject to an overall maximum cumulative period of ten years for multiple offences."In a given case, it may happen that the commission and omission...
Hijab Case- Sabarimala Judgment Was Pro-Choice; Constitutional Morality Is A Restriction On State Power : Sr Adv Kamat Argues In Karnataka HC
Senior Advocate Devadatt Kamat today made his rejoinder arguments for Muslim girl students, who are before a Full Bench of the Karnataka High Court, challenging the action of a government PU college in denying their entry for wearing a hijab (headscarf). Today is the 10th day of the hearing before the Full Bench.The Bench comprising Chief Justice Ritu Raj Awasthi, Justice Krishna S Dixit...
Compassionate Appointment Policy Cannot Discriminate Against 'Illegitimate' Children Of Deceased Employee: Supreme Court
The Supreme Court observed that a compassionate appointment policy cannot discriminate against a person only on the ground of descent by classifying children of the deceased employee as legitimate and illegitimate. Exclusion of one class of legitimate children would fail to meet the test of nexus with the object, and it would defeat the purpose of ensuring the dignity of the family of...
Hijab Ban- Karnataka High Court Full Bench Hearing (Day 10)- LIVE UPDATES
Karnataka High Court Full Bench will continue hearing on a batch of petitions challenging the hijab ban in educational institutions.The matter is before a bench comprising Chief Justice Ritu Raj Awasthi, Justice Krishna S Dixit and Justice JM Khazi will hear the petitions today at 2.30 PM.On Monday, Chief Justice sought a clarification from the State regarding its stand on banning hijab....
Tribunal Reforms : "Government Hasn't Honoured Our Judgement", Says CJI Ramana
The Chief Justice of India on Thursday remarked that the Central Government hasn't honoured its verdict in the Madras Bar Association case by passing the Tribunals Reforms Act."Last time Justice Rao's bench had passed the judgement, they haven't honoured the judgement and they've immediately amended the Act" CJI Ramana remarkedThe Court had earlier also criticised the Government for passing...
No Stay On Release Of 'Gangubai Kathiawadi' Movie; Supreme Court Dismisses Plea Of 'Adopted Son'
The Supreme Court on Thursday dismissed a special leave petition which sought a stay on the release of Sanjay Leela Bhansali movie "Gangubai Kathiawaidi" starring Alia Bhatt.A Bench comprising Justice Indira Banerjee and Justice JK Maheshwari dismissed the special leave petition filed by a man named Babuji Shah claiming to be Kathiawadi's adopted son challenging Bombay High Court's order...
Recruitment Process Can't Be Challenged At Any Stage Of Time, However Genuine The Grievance Is : Supreme Court
The Supreme Court has observed that in a recruitment process, a candidate cannot be permitted to approach for redressal, however may be the genuineness of the grievance, at any stage of time as there has to be a closure to the process of recruitment. The bench of Justices SK Kaul and MM Sundresh was considering a civil appeal assailing Calcutta High Court's order dated December 22,...
Supreme Court To Hear Tomorrow BJP's Plea To Deploy Central Forces For West Bengal Municipal Polls
The Supreme Court on Thursday has agreed to hear a petition filed by the Bhartiya Janata Party (BJP) party leaders Mousumi Roy and Pratap Banerjee against the decision of the Calcutta High Court which had declined to issue directions for the deployment of central forces for the upcoming elections to to the remaining 108 municipalities of West Bengal which is scheduled to take place on...
Person Who Wants To Avail Sabka Vishwas Scheme Benefit Must Strictly Abide By Its Terms & Conditions : Supreme Court
The Supreme Court has recently observed that a person, who wants to avail the benefit of a particular Scheme has to abide by the terms and conditions of the Scheme scrupulously. The observation was made by the bench of Justices MR Shah and BV Nagarathna while considering SLP assailing Allahabad High Court's order dated August 11, 2021 ("impugned order") In the impugned order, the...
Breaking: Admin Of WhatsApp Group Not Vicariously Liable For Objectionable Post By Group Member: Kerala High Court
In a noteworthy decision, the Kerala High Court on Wednesday has ruled that the admin of a WhatsApp group cannot be held vicariously liable if a member of the group posts objectionable content in the group. Justice Kauser Edappagath observed that this was so because vicarious liability in criminal law can only be fastened when a statute prescribes so."A vicarious criminal liability can...
High Courts Should Not Exercise Section 482 CrPC Powers Suo Motu In A Sweeping Manner : Supreme Court
The Supreme Court has observed that High Court cannot exercise power u/s 482 of CrPC, 1973 in a sweeping manner and beyond the contours of what is stipulated under the said Section.The bench of Justices MR Shah and BV Nagarathna was considering a criminal appeal assailing Madras High Court's orders passed in 2019 by which the Single Judge had directed to transfer 864 cases in which the...