Courts This Week- A Weekly Round Of Important Legal Developments In The Country [Episode-69]

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CAG Report Can't Be Basis For Recovery Of Cess Without Statutory Adjudication : Supreme Court

The recovery of cess solely on the basis of CAG audit was set aside by the Court as there was no adjudication under the statute.

[ West Bengal Post-Poll Violence] Two Women Allegedly Gang Raped By TMC Supporters Move Supreme Court

Two women, a 17 year old minor and a 64 year old woman, allegedly raped by TMC supporters/workers during post-poll violence have moved the Supreme Court seeking to be impleaded in plea filed for SIT/CBI Probe in West Bengal Post Poll Violence. The impleadment is being sought in plea which was filed seeking CBI/SIT probe into the killings of two BJP activists allegedly at the instance...

Secured Creditor Can't Challenge Resolution Plan Insisting That Higher Amount Should Be Paid Based On Security Interest : Supreme Court

It is not the intent of IBC that a security interest available to a dissenting financial creditor over the assets of the corporate debtor gives him some right over and above other financial creditors so as to enforce the entire of the security interest.

BCI Constitutes 7 Member Committee For Framing Draft "Advocates Protection Act" To Ensure Protection To Lawyers From Threats, Attacks

Taking note of the recent attacks on lawyers and their family members, the Bar Council of India has resolved to constitute a 7 member committee for framing the draft "Advocates Protection Act" to ensure protection and safety to Lawyers in carrying out their duties.The Council has nominated the following members to be part of the Committee:- 1. Mr. S. Prabakaran, Sr. Advocate, Vice-Chairman,...

"Had No Intention To Cast Aspersions On Lawyers Practising In High Courts" : SCBA Clarifies On Elevation Of Supreme Court Lawyers To HCs

Supreme Court Bar Association has on Sunday clarified that it's letter to CJI for Elevation Of Supreme Court Lawyers to High Courts was intended only to get an equal opportunity for Supreme Court Lawyers to be considered for Elevation to High Courts. "The words used in the communique was only to stress the point in favour of having a transparent and robust system for consideration of...

Persons Under Illegal Detention Shall Be Paid Compensation By State: Allahabad High Court

Stressing that the award of compensation for harassment by public authorities not only compensates the individual, satisfies him personally but helps in curing social evil, the Allahabad High Court recently directed the State Government to strictly implement its policy of granting compensation to a citizen (25k), who has been illegally detained. The Bench of Justice Surya Prakash Kesarwani...

SCAORA Requests CJI To Place An Institutionalised Mechanism To Facilitate Consideration Of Supreme Court AORs/Advocates For Elevation As HC Judges

Supreme Court Advocate On Record Association has written to CJI Ramana requesting him to consider and place an institutionalised mechanism to facilitate consideration for elevation of Advocates On Record/Advocates practicing in Supreme Court Of India for elevation to the Bench of different High Courts.In its letter the Association has also thanked the Chief Justice Of India for considering...

Supreme Court Weekly Round Up June 7 To June 13, 2021

JUDGMENTS THIS WEEK1. Stop Illegal Adoption Of Children Orphaned By COVID; Public Advertisements For Adoptions Unlawful : Supreme CourtTitle : In Re Contagion of COVID Virus In Children Protection HomesCitation : LL 2021 SC 268Supreme Court bench comprising of Justices L Nageswara Rao and Aniruddha Bose directed State Governments and Union Territories to act against NGOs which are indulging...

"Imposing Exorbitant Cost Will Have Chilling Effects On Citizens' Right To Question Acts Of Govt." : Appeal In SC Against HC's Refusal To Stay Construction At Central Vista

A plea has been filed before the Supreme Court challenging the Delhi High Court's recent judgement dismissing PIL seeking the temporary suspension of construction work of Central Vista Redevelopment Project in wake of Covid, while also imposing costs of 1 lakh.The petitioners Anya Malhotra and Sohail Hashmi have also sought a stay on the impugned order dated 31st May 2021 as an...

COVID Drugs, Oxygen Concentrators, Ventilators To Carry 5% Tax As GST Council Slashes Rates

In its 44th meeting, the Goods and Services Tax(GST) council slashed the tax rates of several COVID drugs and essentials used in relation to pandemic control.The tax rates on medicines like Tocilizumab and Amphotericin B, used for treating Black Fungus, have been reduced from 5% to zero.Rates of Remdesivir and any other drug recommended by Ministry of Health and Family Welfare (MoHFW) and...

Supreme Court Lawyers As High Court Judges? After DHCBA, Calcutta HC Bar Association Writes To CJI Against SCBA Proposal

The Bar Association of Calcutta High Court has written to the Chief Justice of India NV Ramana opposing the proposal made by the Supreme Court Bar Association for elevation of lawyers practicing in the top court as High Court judges.The issue has its genesis in a communication made by the SCBA earlier this week, in which it said that the CJI has agreed to the proposal to consider...