'Issued Unilaterally': SCBA Moves Supreme Court Against SOP For Resumption Of Hybrid Physical Hearings

The Supreme Court Bar Association (SCBA) has filed a writ petition before the Top Court seeking quashing of the Standard Operating Procedure issued by the SC Registry last week for enabling 'Hybrid Physical Hearing' from March 15 onwards. The plea filed though Advocate Rahul Kaushik stated that the impugned SOP dated March 5 has been issued by the Registry without consultation with...

'Will You Marry Rape Victim?' Remarks Misreported; Court Has Highest Respect For Womanhood : CJI Bobde

Reacting to the last week's controversy over the oral observations during the bail hearing in a rape case, the Chief Justice of India SA Bobde on Monday said that the remarks were "completely misreported"."This court has always have given the largest respect to women", the CJI said today."Even in that hearing, we never gave a suggestion that you should marry. We had asked, are you going...

Anticipatory Bail Once Granted Does Not Automatically End With Filing Of Chargesheet, Reiterates Supreme Court

The Supreme Court reiterated that the anticipatory bail once granted does not automatically end on the filing of the charge­sheet.In this case, the Allahabad High Court, on an application made by the complainant­ held that the anticipatory bail granted to the accused by the Trial Court came to an end with the filing of a charge­sheet, and directed him to surrender and apply for...

Time Is A Crucial Facet Of Scheme Under IBC; Resolution Applicant Must Be Fair In Its Dealings: Supreme Court

Time is a crucial facet of the scheme under the IBC, the Supreme Court said while dismissing the appeal filed by a Resolution applicant.In this case, the National Company Law Tribunal [NCLT] allowed the liquidation of the Corporate Debtor to proceed. Upholding this order, the National Company Law Appellate Tribunal [ NCLAT] observed that the applicant had failed to implement the Resolution...

Reservation Category Candidates Who Make It On Their Own Merit Have To Be Adjusted Against General Category : SC Reiterates

The Supreme Court has reiterated that reservation category candidates, who score more than the cut-off marks for the general category candidates, have to be adjusted against general category based on their meirt and not reserved category."The principle that such of the reservation category candidates who make it on their own merit have to be adjusted against the general ...

Supreme Court Weekly Round Up [March 1 to March 7 2021]

JUDGMENTS THIS WEEK1. No Allegation That Promise To Marry Was False At The Inception: Supreme Court Quashes Rape CaseCase: Sonu @ Subhash Kumar vs. State of Uttar Pradesh [Criminal Appeal No 233 of 2021] Citation: LL 2021 SC 137 A Division Bench comprising of Justices DY Chandrachud and MR Shah quashed an FIR alleging rape observing that there is no allegation to the effect that the promise...

SCBA Decides To Reject SOP Issued By Supreme Court For Resumption Of Hybrid Physical Hearings,Will Challenge It In Court

Supreme Court Bar Association has on Saturday decided to not accept the standard operating procedure for Hybrid court hearings, as issued by the Supreme Court today. The decision has been taken by the Executive Committee of SCBA in an urgent meeting called on Saturday after the SOP dated 5th March was issued by the Supreme Court.The Executive Committee has unanimously resolved and decided to...

Goa State Cooperative Bank Ltd. Not A 'State' Under Art. 12, Does Not Discharge Any Public Functions: Full Bench Of Bombay High Court

Full Bench of the Bombay High Court, Goa Bench on Friday held that the Goa State Cooperative Bank Ltd. is not a 'State' nor does it fall within the ambit of 'any other authority' for the purposes of Art. 12 of the Constitution of India. The bench also went ahead to observe that the said Bank does not discharge any public functions which would warrant issuance of a writ in the nature...

Breaking- Ramesh Jarkiholi Scandal: Bengaluru Court Restrains 68 Media Houses From Publishing Defamatory Content/CDs Against Six Ministers In Yediyurappa Ministry

A City Civil court in Bengaluru on Saturday issued a temporary injunction against 68 media houses restraining them from telecasting or publishing of any unverified news items/defamatory contents/CDs against the plaintiffs/applicants (Six state ministers in the B. S. Yediyurappa Cabinet), till the next date of hearing.Additional City Civil Judge D.S.VIJAYA KUMAR ordered "Therefore, till the...

No Allegation That Promise To Marry Was False At The Inception: Supreme Court Quashes Rape Case

The Supreme Court quashed an FIR alleging rape observing that there is no allegation to the effect that the promise to marry given by the accused was false at the inception.The accused, whose petition seeking quashing of FIR was dismissed by the Allahabad High Court, had approached the Apex Court contending that a bare reading of the FIR as well as the statement under Section 164 of CrPC...

Breaking: Supreme Court To Start Hybrid Physical Hearing On Experimental Basis From March 15

Supreme Court of India is all set to start hearing cases in a hybrid manner from March 15th 2021. The Apex Court has issued several directions and Standard Operating Procedure for Court's functioning in consideration of the ongoing Covid 19 pandemic and suggestions given by the Bar Associations. The Court has devised a pilot scheme to hear cases in the hybrid mode on an experimental...

Supreme Court To Hear On Monday Plea Seeking Termination Of Pregnancy Of A 14-Year Old Girl, Asks Medical Board To Submit Report In A Sealed Cover

Supreme Court has on Friday adjourned to Monday, the plea of a 14 year old girl seeking termination of her 26 weeks old pregnancy. A three-judge Bench of CJI Bobde, Justices AS Bopanna and V Ramasubramaniam has directed the Medical Board to submit its report on feasibility of the medical termination in a sealed cover, following which the Court will hear the matter on Monday, March...