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Law Made By A Legislature Is Valid Till It Is Declared Unconstitutional By A Court Of Law: Supreme Court
The Supreme Court observed that a law passed by the legislature is good law till it is declared as unconstitutional by a competent Court or till it is repealed.The very declaration by a Court that a statute is unconstitutional obliterates the statute entirely as though it had never been passed, the bench comprising Justices L. Nageswara Rao, BR Gavai and BV Nagarathna observed.The court...
Section 33(C)(2) ID Act- Labour Court Has No Jurisdiction To Adjudicate Dispute Of Entitlement Or The Basis Of Claim Of Workman: Supreme Court
The Supreme Court observed that, in an application under Section 33(C)(2) of the Industrial Disputes Act, the Labour Court has no jurisdiction and cannot adjudicate dispute of entitlement or the basis of the claim of workmen. It can only interpret the award or settlement on which the claim is based, the bench comprising Justices MR Shah and BV Nagarathna observed.In this case...
Section 9 IBC- Limitation Does Not Commence When The Debt Becomes Due But Only When A Default Occurs: Supreme Court
The Supreme Court has held that limitation does not commence when the debt becomes due but only when a default occurs.The bench comprising Justices DY Chandrachud, Surya Kant and Vikram Nath that the debt is defined in Insolvency and Bankruptcy Code as the non-payment of the debt by the corporate debtor when it has become due. In this case, the appellant placed orders with the...
Supreme Court Approves Revised Protocol Agreed By Centre & Parsi Body For Funeral Rites Of COVID Victims
In view of the agreement between Surat Parsi Panchayat Board and the Centre over the SOP for disposal of bodies of individuals of Zoroastrian faith who succumbed to COVID, the Supreme Court on Friday gave it imprimatur to the protocol of placing iron rods and grills above the towers of silence across India so that no bird can feed on the bodies and carry COVID strains and the bodies are...
COVID-19 Death Compensation : Supreme Court Directs States Not To Reject Claims Merely Because They Are Filed Offline
On Friday, the Supreme Court directed the State Governments to accept all applications, irrespective of whether they have been filed online or not. The Apex Court categorically observed that no application can be rejected on the ground that they were filed offline. The Court has granted the State Governments a week's time to review the decision of rejecting claims filed...
IBC- Operational Debt Includes Advance Payment Made To A Corporate Debtor For Supply Of Goods Or Services: Supreme Court
The Supreme Court observed that operational creditor includes all those who provide or receive operational services from the corporate debtor, which ultimately lead to an operational debt.A debt which arises out of advance payment made to a corporate debtor for supply of goods or services would be considered as an operational debt, the bench comprising Justices DY Chandrachud, Surya Kant...
BREAKING| Madrassas Run On State-Funds Can't Impart Religious Instructions: Gauhati High Court Upholds Assam Law
"The Madrasas in question, which are "wholly maintained out of State funds", cannot impart religious instructions in terms of the mandate of Article 28(1) of the Constitution of India", the Court observed.
COVID Death Compensation : Supreme Court Directs States To Appoint Nodal Officers To Reach Out To Kin Of Deceased
The Supreme Court, on Friday, directed all the State Governments to appoint a dedicated officer, not below the rank of Deputy Secretary in the Chief Minister's Secretariat, as a nodal officer to coordinate with the Member Secretary of the State Legal Services Authority to reach out to kins/family members of persons who have succumbed to COVID-19 and ensure all eligible claimants apply...
Entire Service Record To Be Considered For Order Of Premature Retirement, Though Recent ACRs Carry Weight : Supreme Court
The Supreme Court has held that an order of premature retirement is required to be passed on the basis of entire service records.The recent reports would carry their own weight, the bench comprising Justices Hemant Gupta and V. Ramasubramanian added. The court also noted that such an order of compulsory retirement is not liable to be quashed by the Court merely for the reason that...
Consent Decree Cannot Be Modified/Altered Unless The Mistake Is A Patent Or Obvious One: Supreme Court
The Supreme Court has held that a consent decree cannot be modified/ altered unless the mistake is a patent or obvious mistake. Or else, there is a danger of every consent decree being sought to be altered on the ground of mistake/ misunderstanding by a party to the consent decree, the bench comprising Justices L. Nageswara Rao and BR Gavai observed.The court observed thus while disposing...
NEET PG 2022: Supreme Court To Hear Plea To Extend Internship Deadline On February 8, 2022
The Supreme Court today adjourned for Tuesday, February 8, 2022 a writ petition filed by six MBBS seeking deferment of NEET PG 2022 which is scheduled to be conducted on March 12, 2022 so as to accommodate candidates who are currently undergoing NEET-PG 2021-22 counseling and would want to appear in NEET-PG 2022-23, subject to the seat allocation in NEET PG 2021-2022.The matter was listed...
NEET-UG : Supreme Court Seeks NMC Response On Plea Of Candidates Who Passed Class 12 As Private Students To Attend Counselling
In a petition filed by NEET-UG aspirants who had passed their 10+ 2 as private students seeking admission in MBBS course as per the allotted institution without insisting for submitting or uploading class XIth marksheet, the Supreme Court on Friday asked National Medical Council ("NMC") to file its counter to clarify the position as to whether such students could appear in counselling or...