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'High Court Should Avoid Sweeping Observations': Supreme Court Expunges Delhi HC Remarks That Indian Bidders Are Discriminated
The High Courts shall refrain from making sweeping observations which are beyond the contours of the controversy and/or issues before them, the Supreme Court observed while expunging some remarks made in Delhi High Court judgment on "Make in India (Atma-Nirbharta)".Bharat Fritz Werner Limited had approached the Delhi High Court challenging a Letter of Acceptance issued by the Union of India...
RTO Has Discretion To Reject Application For Permit Replacement If Proposed Vehicle Is Older Than The Existing One: Supreme Court Upholds Rule 174(2)(c) of Kerala Motor Vehicle Rules
The Supreme Court upheld Rule 174(2)(c) of Kerala Motor Vehicle Rules,1989 which enables the road transport authority to reject an application for replacement if the proposed vehicle is older than the one covered under the existing permit.The court observed that under this Rule, the Authority can apply discretion, wherever necessary, while exercising the power to grant replacement of a...
Hijab Ban - Mediation Request Can Be Considered Only If Petitioners & Respondents Agree: Karnataka HC
Responding to a plea for mediation in the hijab case, the Karnataka High Court on Thursday observed that mediation was possible only if both the petitioners and the respondents (State and College Development Committees) agree.The Full Bench was responding to an oral request made by an advocate for mediation in the matter. She said that whatever be the judgment, there will be still problems,...
BREAKING| Lakhmipur Kheri Case : Bail Granted To Ashish Mishra Challenged In Supreme Court As A "Manifest Error'
An application has been filed in the Supreme Court challenging Allahabad High Court's order dated February 10, 2022 of granting bail to Ashish Mishra, prime accused in the Lakhimpur Kheri violence incident which had claimed lives of 8 people.The application has been filed by Advocates Shiv Kumar Tripathi and CS Panda in the PIL(In Re Violence In Lakhimpur Kheri(UP) Leading To Loss Of...
Hijab Ban- Karnataka High Court Full Bench Hearing(Day 5)- 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 Friday the Court requested the State to re-open the educational institutions at the earliest and...
Industrial Dispute - Minority Union Not Bound By Settlement Between Majority Union & Employer: Supreme Court
The Supreme Court has held that a minority Union of workers, who were not party to the settlement entered between the majority Union and the employer, is not bound by the same and is free to raise an industrial dispute claiming to be workmen directly under the principal employer. A Bench comprising Justices L. Nageswara Rao and Aniruddha Bose refused to interfere with the order of...
NDPS - Quantity Of Neutral Substance Not To Be Excluded While Determining 'Small' And 'Commercial' Quantities: Supreme Court
The Supreme Court observed that the the quantity of the neutral substance is not to be excluded and to be taken into consideration along with the actual content of the weight of the offending drug while determining small and commercial quantities.The court was considering appeals against a judgment passed in the year 2008 by Himachal Pradesh High Court in which it had followed the view taken...
No Coercive Steps Against Employers Under Haryana Law Providing 75% Job Quota For Locals Till HC Decides Validity : Supreme Court
The Supreme Court on Thursday day set aside the interim order of the Punjab and Haryana High Court which stayed the operation of the Haryana law(The Haryana State Employment of Local Candidates Act 2020) which provided 75% reservation for local people in private sector jobs having a monthly salary of less than Rs 30,000.Noting that the High Court has not recorded any reasons for its stay...
Council Of Architecture Can Prescribe Minimum Standards Of Architectural Education Without Approval Of Central Govt : Supreme Court
The Supreme Court observed that the Council of Architecture may prescribe minimum standards of architectural education, either by way of regulations issued under Section 45(2) of the Architects Act or even otherwise. It is only in cases where the Council chooses to prescribe standards in the form of regulations that the requirement of approval of the Central Government under...
Only 9 Convictions In PMLA Cases Out Of 1700 Raids By ED Since 2011 : Menaka Guruswamy To Supreme Court
Senior Advocate Menaka Guruswamy, for one of the petitioners challenging the various provisions of the Prevention of Money Laundering Act, told the Supreme Court on Wednesday that of the 1700 raids conducted and 1569 specific investigations by the Enforcement Directorate(ED)- with rates increasing by 20% every year and then doubling and tripling- since 2011, only 9 convictions have...
To Say That ED Has To Wait For FIR In Scheduled Offence Will Make PMLA Unworkable, Says Supreme Court During Hearing
The Supreme Court on Wednesday remarked that while the existence of the predicate offence is a prerequisite for the commencement of the investigation by the ED under the PMLA, saying that the ED has to wait for the registration of the FIR in respect of the scheduled offence would make the system "unworkable" and be "counter-productive" to the intent of the PMLA.The Court cited...
Larger Bench Reference Not Needed For Vanniyar Internal Reservation Issue; Supreme Court Starts Hearing On Merits
On Wednesday, the Supreme Court, opined that the matter pertaining to challenge to the Madras High Court order quashing Tamil Nadu law ("2021 Act") that provided 10.5% reservation in education and jobs for the Vanniyar community did not involve any Constitutional interpretation and therefore, need not be referred to a Larger Bench.On the last date of hearing, a Bench comprising Justices...