Top Stories
"You Get A More Patient Hearing Via Video Conferencing Than In Physical Court": Justice SK Kaul
"You get a more patient hearing via video conferencing than in physical court", Justice S. K. Kaul told SCBA President and Senior Advocate Vikas Singh on Wednesday.The remark came when a matter, in which Mr. Singh was appearing, came up before the bench of Justices Kaul and R. Subhash Reddy and it appeared that Mr. Singh happened to be unmuted slightly late."We can't hear you, Mr. Singh",...
Supreme Court Issues Notice To Centre On Plea Seeking Appointment Of Regular CBI Director
The Supreme Court on Friday sought the response of the Central Government on a PIL filed by NGO Common Cause seeking the appointment of a regular director for the Central Bureau of Investigation.The public interest litigation opposes the appointment of Mr. Praveen Sinha as an interim / acting CBI Director, after expiry of the term of the last incumbent viz. Mr. Rishi Kumar Shukla on February...
Non Filling Of Medical Seats Is Not A Solution: SC Declares Rule 12 (8)(a) Of Madhya Pradesh Chikitsa Shiksha Pravesh Niyam Unconstitutional
The Supreme Court held that Rule 12 (8) (a) of the Madhya Pradesh Chikitsa Shiksha Pravesh Niyam, 2018 is unconstitutional as violative of Article 14 of the Constitution of India.According to Rule 12 (8) (a), the vacant seats as a result of allotted candidates from MOP-UP round not taking admission or candidates resigning from admitted seat shall not be included in the college level...
Mere Existence Of Civil Remedies Not A Ground To Quash Criminal Proceedings: Reiterates Supreme court
The Supreme Court observed that existence of civil remedies by itself is not a ground to quash criminal proceedings.Simply because there is a remedy provided for breach of contract or arbitral proceedings initiated at the instance of the complainant, that does not by itself clothe the court to come to a conclusion that civil remedy is the only remedy, and the initiation of criminal...
Supreme Court To Hear PIL Challenging Legislative Competence Of State Assemblies In Adopting Resolutions Against Central Statutes Like CAA/Fram Laws
Supreme Court of India will on Friday hear a plea challenging the legislative competence of diverse State Assemblies in adopting 'Resolutions' against central statutes like CAA and farm laws which fall under the Union List of the Seventh Schedule.A bench of CJI SA Bobde and Justice Bopanna will hear the PIL filed by Samta Andolan Samiti impugning the Legislative actions of four different State Legislative Assemblies of Rajasthan, Kerala, Punjab and West Bengal which according to the petitioner,...
"You Have Been Gifted With So Much Legal Acumen By God, Why Would You Lose Your Temper?" Justice Subash Reddy To Adv.Yatin Oza
"Hearing you on several occasions, I used to wonder that you have been gifted with so much legal acumen by God, so why would you lose your temper? Why must there be complaints against you day in and day out?", said Justice R. Subash Reddy to advocate and GHCAA President Mr. Yatin Oza on Wednesday.Justice Reddy had been Chief Justice of the Gujarat High Court. Justice Reddy mentioned this...
"Compensate Victims Of Wrongful Prosecution": Plea Before Supreme Court Seeks Directions To The Centre
A plea has been filed before the Supreme Court seeking directions to Centre to frame Guidelines for compensation to victims of Wrongful Prosecution and implement the recommendations of Law Commission Report No-277 on Miscarriage of Justice. The plea filed by advocate and BJP leader Ashwini Kumar Upadhyay has sought directions to the States to implement Centre's Guideline for Compensation...
Plea In Supreme Court Seeks Release Of Rohingya Refugees Allegedly Detained In Jammu
Supreme Court of India has been approached with a plea seeking directions for release of the Rohingya refugees who have been detained in Jammu and to refrain the government from implementing any orders on deporting them. The plea has also sought directions to UNHCR to intervene and assess the protection needs of the refugees and grant them refugee cards. The reliefs have been sought through...
NCLT/NCLAT Can't Interfere With Commercial Wisdom Of CoC Except Within Limited Scope Under Sections 30 & 31 IBC : Supreme Court
The Supreme Court has reiterated that the National Company Law Tribunal(NCLT) or the National Company Law Appellate Tribunal(NCLAT) cannot interfere with the 'commercial wisdom' of the Committee of Creditors(CoC), except within the limited scope under Sections 30 and 31 of the Insolvency and Bankruptcy Code(IBC).Based on this well settled principle, a 3-judge bench comprising Justices...
State's Withdrawal Of Consent Will Not Impact Power To Investigate In 'Railway Areas' : CBI Tells Supreme Court
The Central Bureau of Investigation (CBI) has filed a Counter-Affidavit in the plea filed by West Bengal Government challenging order of the Calcutta High Court whereby it allowed CBI to investigate a case pertaining to illegal mining and transportation of coal through Railways in West Bengal, without the State's consent.The Affidavit firstly submits that the SLP is devoid of any merit...
Supreme Court Monthly Digest: February 2021
JUDGMENTS 1. Collusive Commercial Transactions With Corporate Debtor Will Not Constitute 'Financial Debt' Under IBC: Supreme Court [Case: Phoenix Arc Private Limited v. Spade Financial Services Limited; Citation: LL 2021 SC 55] A Bench comprising of Justices DY Chandrachud, Indu Malhotra and Indira Banerjee held that collusive or sham transactions with a corporate debtor will...