Pre-Deposit Of 75% Of Awarded Amount U/s 19 MSMED Act Mandatory While Preferring Application To Set Aside Arbitration Award: Supreme Court

The Supreme Court observed that the the requirement under Section 19 of the Micro, Small and Medium Enterprises Development Act of deposit of 75% of the awarded amount as a pre deposit while preferring the application/appeal for setting aside the award, is mandatory.In this case, the High Court of Uttarakhand upheld the order passed by a Additional District Judge (Commercial), Dehradun in...

Rescuing A Democracy In Retreat

This is a moment of reckoning for a nation scarred. The unspeakable tragedy in Lakhimpur Kheri has wounded the nation's sensitivity to its core. The 30-second video vividly depicting the gruesome murder of innocent citizens by a bunch of goons sheltered by 'netas' drunk on power has once again exposed the fault-lines of our politics and constitutional democracy in decline. The absolute imperative of resisting the perversion of democracy and prostitution of power must begin with an...

Supreme Court Permits Hybrid Hearing Of Batch Case Relating To Interpretation Of Prevention of Money Laundering Act

The Supreme Court has agreed to hear the batch of petitions concerned with the interpretation of the Prevention of Money Laundering Act through hybrid mode on request made by one of the Senior Counsels. A Bench headed by Justice AM Khanwilkar has granted permission for the matter to be heard in hybrid mode on request made by Senior Advocate Kapil Sibal in consideration of the large volumes...

Custody Of Child Obtained By Playing Fraud On Court Liable To Be Declared Void Ab Initio : Supreme Court

The Supreme Court has recalled an order granting custody of a child to a Kenyan citizen of Indian origin after finding that he had played fraud on the court and had approached it with "unclean hands" by suppressing material facts(Smriti Madan Kansangra v. Perry Kansangra).The Court declared its earlier order granting custody to the father who played fraud as "illegal" and "ab...

Section 138 NI Act: Complaint Cannot Be Proceeded With Once The Accused And Complainant Enter Into A Settlement Agreement: Supreme Court

The Supreme Court observed that a complaint under Section 138 of Negotiable Instruments Act cannot be proceeded with once the accused and the complainant enter into a settlement agreement.The bench headed by Justice DY Chandrachud observed that non-compliance of the terms of the settlement agreement or dishonour of cheques issued subsequent to it, would then give rise to a fresh cause of...

Khori Gaon Evictions :Supreme Court Directs Faridabad Municipal Corporation To Accept Aadhaar Card As Proof To Get 'Provisional Allotment'

The Supreme Court on Friday directed the Municipal Corporation of Faridabad to process applications accompanied with Aadhar Card to make provisional allotment of accommodation to those displaced in Khori Gaon Demolitions.The Court has allowed Aadhar Card to be submitted as a proof to avail provisional accommodation under rehabilitation scheme which will be subject to final verification. The...

CBI Not A Solution For Reasons Best Known : Supreme Court On Lakhimpur Kheri Violence Probe

While expressing dissatisfaction at the investigation being done by the Uttar Pradesh Police on the Lakhimpur Kheri violence, the Supreme Court on Friday remarked that handing over the probe to the Central Bureau of Investigation also may not be a solution, because of the persons involved.The prime accused in the case is Ashish Mishra, who happens to be son of BJP leader and Union Minister...

Breaking: No Bail For Aryan Khan, Arbaaz Merchant and Munmun Dhamecha In Cruise Ship Drug Case As Mumbai Court Rejects Bail Pleas

A Mumbai Court rejects bail applications filed by Aryan Khan, son of actor Shahrukh Khan, Arbaaz Merchant and Munmun Dhamecha accused in connection with the seizure of drugs on a luxury cruise ship off the Mumbai coast. Additional Metropolitan Magistrate RM Nilekar observed that the bail pleas are not maintainable, and are hence rejected. ASG Anil Singh, appearing for the...

If Article 21A Is To Become A Reality, Needs Of Underprivileged Children To Receive Online Education Cannot Be Denied : Supreme Court

The Supreme Court on Friday observed that the needs of underprivileged students to receive online education must be protected to ensure that the right to education under Article 21A of the Constitution becomes a reality."If Article 21A is to become a reality, the needs of children from the underprivileged section to receive online education cannot be denied", the Court observed in an...

Virtual Hearing Can't Be A Norm; Rights Of Public To Have Open Court Can Be Protected By Live-Streaming : Supreme Court

The Supreme Court on Friday orally remarked that virtual hearing cannot be a norm, as it was adopted to meet the extraordinary crisis created by the COVID pandemic. The Court also commented that it is one thing to say that the public has right to witness the court hearings through live stream and another thing to say that they should have the right to have "virtual hearings".A Bench of...

Plea Seeking Release Of Answer Key & Question Paper, Allowing Revaluation For NEET PG 2021: Supreme Court Issues Notice To NBE

The Supreme Court on Friday issued notice on the plea for a direction to the National Board of Examination to release the question paper and answer key of the candidates for NEET-PG 2021 candidates, and to allow them the option of revaluation/rechecking in case of discrepancy in their scores.The bench of Justices D. Y. Chandrachud and B. V. Nagarathna was told by Senior Advocate...

Supreme Court Collegium Makes Recommendations For Judges To 6 High Courts

The Supreme Court Collegium in its meeting held on 6th, 7th, and 8th October 2021 approved the proposal for elevation/appointment of 23 Additional Judges/Advocates/Judicial Officers as Judges across 6 High Courts.Madras High CourtShri J. Sathya Narayana Prasad, Advocate, has been recommended as Judge in the Madras High CourtRajasthan High CourtFollowing Advocates have been recommended to...