CSIR Premises Are 'Public Premises' Under Public Premises (Eviction Of Unauthorised Occupants) Act : Supreme Court

The Supreme has Court held any premises belonging to, or taken on lease by, or on behalf of Council of Scientific and Industrial Research ("CSIR") is public premises under Section 2(e)(2)(ii) of the Public Premises (Eviction of Unauthorised Occupants) Act, 1971."A perusal of the written statement filed by the respondent before the District Judge shows that it was averred that...

Supreme Court Directs UGC To Finalise Guidelines For Inspection of Educational Institutions To Ensure Implementation of RPWD Act

A Bench of Justices D.Y.Chandrachud and A.S.Bopanna on Monday directed the University Grants Commission to finalize guidelines for the inspection of educational institutions and commence inspection work proactively. The Bench was hearing a Miscellaneous Application arising out of the Apex Court's judgement dated 15.12.2017 - in Disabled Rights Group & Another v Union of India-...

Supreme Court Stays HC Directions Against OLX India In A Case Of Seller Duping Through Impersonation

The Supreme Court has stayed the directions issued by Punjab and Haryana High Court to OLX India to adopt a screening mechanism with respect to the sellers who could post an advertisement on its Platform.The bench of Justices UU Lalit, S Ravindra Bhat and Bela M Trivedi was considering a SLP assailing Punjab and Haryana High Court's order dated December 12, 2021."Pending further...

Whether Executing Court Has Jurisdiction To Modify Quantum Of Interest & Component Of Payment Liability? Supreme Court To Consider

The Supreme Court on January 6, 2022 agreed to consider whether the Executing Court has the jurisdiction to modify the quantum of interest and the component of payment liability. The bench of Justices AM Khanwilkar and CT Ravikumar issued notice while considering a SLP assailing Punjab and Haryana High Court's order dated November 26, 2019 ("impugned judgement")."Issue notice on the special...

Rights Of Parents Irrelevant When Court Decides Custody Of Their Child: Supreme Court

The Supreme Court has observed that the rights of the parents are irrelevant when a Court decides the issue of custody of their minor child.The issue of custody of a minor, whether in a petition seeking habeas corpus or in a custody petition, has to be decided on the touchstone of the principle that the welfare of a minor is of paramount consideration, the bench of Justices Ajay Rastogi and...

Dispute Resolution Mechanisms Under Industrial Disputes Act, 1947 and Industrial Relations Code

Industrial Relations Code, 2020 states in its objectives that it aims to "minimize the friction between the employers and workers; provide provisions for investigation and settlement of Industrial Disputes and achieve industrial peace and harmony as the ultimate pursuit in resolving industrial disputes" and thus, this article aims to analyze the multiple institutions provided...

Supreme Court Upholds Manipur University's Decision To Reduce SC Quota To 2%, OBC Quota To 17% & Increase ST Quota To 31%

The Supreme Court has dismissed an appeal against Manipur High Court's order upholding the decision of Manipur University to reduce reservation in admission for Scheduled Caste candidates from 15% to 2%, OBC quota from 27% to 17% and increase for Scheduled Tribes candidates from 7.5% to 31%, in terms of amendment to the Central Educational Institutions (Reservation in Admission) Act 2006. A...

Marital Rape : Amicus Curiae In Delhi High Court Supports Striking Down Of Exception To Section 375 IPC

The Delhi High Court on Wednesday continued hearing a batch of petitions challenging the exception to Section 375 of the Indian Penal Code, which exempts forceful sexual intercourse by a man with his own wife from the offence of rape, provided the wife is above 15 years of age.Senior Advocate Rajshekhar Rao, appearing as amicus curiae in the matter, told a bench comprising of Justice...

PM Security Lapse : SCBA Requests Justice Indu Malhotra Committee To Probe Anonymous Threat Calls To Advocates

The Supreme Court Bar Association has written to Justice Indu Malhotra, Chairperson of the Enquiry Committee constituted to inquire into the lapse in security of the Prime Minister during his recent visit to Punjab, seeking an enquiry into the anonymous 'threat calls' received by AORs in relation to the case.The Association through its letter has urged the Committee to enquire into the...

Once Land Acquisition Proceedings Lapse Under Section 24(2) RFCTLARR Act, Owner Cannot Seek Release Of Land Under Section 48 Of 1894 Act : Supreme Court

The Supreme Court has observed that once the High Court has passed an order of lapsing acquisition proceedings by virtue of Section 24(2) of Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 ("Act"), landowners cannot revert back on the plea that they are entitled to seek release of land in terms of Section 48 of the Land Acquisition...

Article 227 - Supervisory Jurisdiction Is Not To Correct Every Error When Final Finding Is Justified : Supreme Court

Supervisory jurisdiction under Article 227 of the Constitution of India is not to correct a legal flaw when the final finding is justified or can be supported, the Supreme Court observed in a judgment delivered on Tuesday (11 Jan 2022).The bench comprising Justices Sanjiv Khanna and Bela M. Trivedi observed that the power under Article 227 is exercised sparingly in appropriate cases, like...

Writ Petition By Borrowers Challenging SARFAESI Proceedings Initiated By Private Banks/ARCs Not Maintainable: Supreme Court

The Supreme Court observed that a writ petition challenging proceedings under SARFAESI Act initiated by private banks/Asset Reconstruction Companies is not maintainable."If proceedings are initiated under the SARFAESI Act and/or any proposed action is to be taken and the borrower is aggrieved by any of the actions of the private bank/bank/ARC, borrower has to avail the remedy under the...