Criminal Proceedings Are Not For Realization Of Disputed Dues, Reiterates Supreme Court

The Supreme Court reiterated that criminal proceedings are not for realization of disputed dues.A Criminal Court, exercising jurisdiction to grant bail/anticipatory bail, is not expected to act as a recovery agent to realise the dues of the complainant, and that too, without any trial, the bench comprising Justices Indira Banerjee and Krishna Murari observed.In this case, the Jharkhand High...

Commercial Courts Act Does Not Exclude Application Of Section 5 Limitation Act : Supreme Court

The Supreme Court held that the application of section 5 of the Limitation Act is not excluded by the scheme of Commercial Courts Act.This means that delay for filing appeals under Section 13 of the Commercial Courts Act can be condoned by showing sufficient cause as per Section 5 of the Limitation Act.The bench headed by Justice RF Nariman observed thus while overruling the decision in M/s...

For How Many Generations Reservations Will Continue? Supreme Court Asks In Maratha Quota Case[Day 5]

While hearing the Maratha quota case, a constitution bench of the Supreme Court on Friday asked for how many generations would reservations in jobs and education continue. The bench also sought to know if the removal of 50% limit on reservation will affect the right to equality under Article 14 of the Constitution and would lead to a "resultant inequality"."If there is no 50% limit, what...

Bail To Unitech Promoters: Supreme Court Pulls Up Delhi HC, CMM-Says 'Shocking Exercise Of Judicial Power, Breach Of Judicial Discipline'

The Supreme Court on Thursday pulled up Delhi High Court and a Chief Metropolitan Magistrate for going over its head in entertaining the bail applications of Unitech promoters Ajay and Sanjay Chandra, when the apex court had categorically denied them bail in August last year.Issuing notice to the accused, the bench of Justices D. Y. Chandrachud and M. R. Shah stayed the grant of bail by the...

Supreme Court Asks Centre To Respond If A Law Is Being Made For Mediation

The Supreme Court on Friday sought Centre's response as to whether it is considering framing of a legislation to govern mediation.A three judge Bench of CJI Bobde, Justices Bopanna and Justice Ramasubramanian was hearing a a plea by Youth Bar Association of India (YBAI) seeking directions or guidelines to provide for mandatory pre-litigation mediation across the country.During the hearing...

SC Overrules 'NV International' Verdict Which Held Delay Beyond 120 Days For Arbitration Appeal Under Section 37 Can't Be Condoned

In a significant judgment, the Supreme Court on Friday overruled its 2019 verdict in the case M/s NV International vs State of Assam which had strictly held that a delay of more than 120 days in filing of appeals under Section 37 of the Arbitration and Conciliation Act 1996 cannot be condoned.The Top Court has now held that delay beyond 90, 60 or 30 days for filing appeals under Section...

Plea To Use Name, Age, Qualification And Photo Of Candidates In EVM instead Of Party Symbol: Supreme Court Asks Petitioner To Serve Notice To AG

Supreme Court has on Friday observed that it will consider the plea filed seeking directions to Election Commission to use name, Age, qualification & photograph of contesting candidates on EVM instead of Symbol of Political parties.The Court has asked the petitioner to serve a copy to the Attorney General and stated that it will consider the plea, but will not issue a notice at this...

Supreme Court Issues Notice On Plea Challenging 102nd Constitutional Amendment

The Constitution Bench of the Supreme Court hearing the challenge against Maratha Quota has issued notice in a writ petition challenging 102nd Constitutional Amendment.This writ petition, filed by Shiv Sangram, a political party based in Maharashtra and its leader Vinayakrao T. Mete, is tagged along with Maratha Quota cases.Let formal notice be also issued to the learned Attorney General in...

Delhi High Court Issues Notice On Plea By 'The Quint' Against New IT Rules On Digital News Media

The Delhi High Court on Friday issued notice on a petition filed by Quint Digital Media Ltd, which owns the online news portal 'The Quint', challenging the constitutional validity of the Information Technology (Guidelines For Intermediaries And Digital Media Ethics Code) Rules, 2021, to the extent it regulates the publishers of news and current affairs content.A division bench comprising...

Plea To Replace Symbols With Details Of Candidates In EVMs : Supreme Court Asks Petitioner To Serve Copy On AG

The Supreme Court on Friday asked a petitioner seeking directions to include the photograph, age and qualifications of contesting candidates in Electronic Voting Machines, instead of symbols, to serve the copy of the petition on the Attorney General for India.The bench comprising CJI SA Bobde, Justices AS Bopanna and V Ramasubramanian was considering a petition field by BJP leader...

'Do They Have No Right To Express An Opinion?' : Supreme Court Asks Petitioner Challenging State Assembly Resolutions On Central Laws To Do More Research

The Supreme Court on Friday adjourned a petition which challenges the competence of state legislative assemblies to pass resolutions about Parliamentary laws, by asking the petitioner's lawyer to do more research."You do more research. We don't want to create more problems than solving", the Chief Justice of India told Senior Advocate Soumya Chakraborty, who was representing the...

Supreme Court Grants Time To Centre To Respond To PIL Filed Regarding Non Functioning Of National Board For Wildlife

Supreme Court has on Thursday granted Centre time to respond to the PIL filed regarding non-functioning of National Board for Wildlife constituted under Wildlife Protection Act, seeking directions to convene first meeting of the Board after its reconstitution in 2014. The Court will take up the matter next on Wednesday, 24th March. During the hearing, Solicitor General Tushar Mehta...