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Supreme Court Weekly Digest With Subject /Statute Wise Index [March 25 to 31]
Citations 2024 LiveLaw (SC) 256 to 2024 LiveLaw (SC) 268Arbitration and Conciliation Act, 1996Arbitration and Conciliation Act, 1996; Section 48 – Enforcement of foreign award in India challenged on grounds of arbitral bias – In India, courts must adopt an internationally recognized narrow standard of public policy, when dealing with the aspect of bias. Refusal of enforcement of foreign...
When Does Debt Become Financial Debt & Operational Debt Under IBC? Supreme Court Explains
In a significant development, the Supreme Court on Thursday (April 25) held that debt would be treated as an operational debt only if the claim subject matter of the debt has some connection or co-relation with the 'service' rendered by the creditor to the debtor."Where one party owes a debt to another and when the creditor is claiming under a written agreement/ arrangement providing...
Can SC Transfer Cheque Dishonour Case To Jurisdiction Where Drawer's Bak Is Situated Despite S.142A NI Act? Supreme Court To Consider
The Supreme Court on Wednesday (April 24) decided to implead the Union of India as a party to the proceedings that involve the interpretation and consideration of consequences of the amendment made to Section 142A of the Negotiable Instruments Act.“Taking note of the fact that issue involved requires interpretation and also consideration of consequence of the amendment made to Section 142A...
Supreme Court Flags Practical Difficulties In Handling Case Files, Calls For SOP By Registry To Properly Maintain SLP Paper Books
The Supreme Court (on April 26) expressed difficulty in its day-to-day functioning due to issues related to paper books, failure to send convenience compilations and other similar problems. The issues include orders not being attached to paper books, counter-affidavits attached to SLP paper books without clear indication, failure to send convenience compilations to judges, improper...
Reasons Given By Supreme Court To Reject Manual Counting Of All VVPAT Slips
Delivering verdict on the pleas for 100% cross-verification of EVM data with VVPAT records, the Supreme Court has declined to increase the number of VVPAT slips undergoing count per assembly segment in a parliamentary constituency.As mentioned in the earlier reports, a bench of Justices Sanjiv Khanna and Dipankar Datta rendered two separate, concurring judgments in the matter. Although...
Supreme Court Expresses Dissatisfaction At Rajasthan Police For Not Suspending Officers Accused Of Torturing Witness
Today (on April 26), the Supreme Court, while hearing a matter in which a prosecution witness had levied allegations against police officials of assault, prima facie noted that it is not satisfied with the action taken by the Director General of Police (DGP), Rajasthan, in this regard. The Bench of Justices Abhay S Oka and Ujjal Bhuyan was hearing the petitioner-accused's challenge to...
Supreme Court To Consider Retired HC Judge's Plea Against Deduction Of Pension From Salary Drawn As Ombudsman After Retirement
The Supreme Court on Friday (April 26) issued notice in a matter concerning the issue of deduction of pension from the salary drawn in a post-retirement position of a former High Court Judge. The Court was considering the plea of Justice KK Denesan, a former judge of the Kerala High Court, who served as an Ombudsman under the Kerala Panchayat Raj Act from 2017 to 2020.The bench of...
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Delhi Court Rejects BJP MP Brij Bhushan Singh's Plea For Further Probe Into Sexual Harassment Case, Order On Framing Of Charges On May 07
A Delhi Court on Friday dismissed an application moved by BJP MP and former Wrestling Federation of India President Brij Bhushan Singh seeking further investigation in the sexual harassment case filed against him by women wrestlers.Additional Chief Metropolitan Magistrate (ACMM) Priyanka Rajpoot of Rouse Avenue Courts will now pronounce the order on framing of charges in the case on May...
EVMs Can't Be Tampered With, Return To Ballot Paper Will Undo Electoral Reforms: Supreme Court
Rejecting the petitions seeking 100% cross-verification of EVM data with VVPAT records, the Supreme Court has observed that the suspicions regarding EVM tampering are unfounded and reverting back to the ballot paper system, as prayed, would undo the reforms that have taken place over the years.The bench of Justices Sanjiv Khanna and Dipankar Datta pronounced the verdict earlier today,...
Supreme Court Refuses To Interfere With Requirement Of 3 Years Law Practice Or 70% Marks In LL.B For MP Civil Judge Post
The Supreme Court (today, April 26) declined to interfere with the Madhya Pradesh High Court's order upholding the rule that stipulated eligibility of at least three years of practice or 70 percent marks in law graduation for entry-level judicial service candidates in the State. After hearing the submissions, the Bench of Justices Hrishikesh Roy and Prashant Kumar Mishra opined that there...