'Malice' Is Not A Ground To Challenge A Law Made By Legislature : Supreme Court

The Supreme Court has observed that 'malice' is not a ground to challenge a law made by legislature.The bench comprising Justices RF Nariman, Navin Sinha and KM Joseph observed in its judgment upholding the constitutional validity of Sections 3, 4 and 10 of the Insolvency and Bankruptcy Code (Amendment) Act 2020. The court was addressing the contention of the petitioners that the amendment...

Abhaya Murder Case: Kerala High Court Admits Appeal Filed By Accused Father Kottoor, Issues Notice To CBI

The Kerala High Court has admitted the appeal filed by Father Thomas Kottoor against his conviction and sentence in the murder of Sister Abhaya in 1992.A division bench comprising Justices K Vinod Chandran and M R Anitha has issued notice to CBIKottoor was sentenced to life by the Special CBI Court, Thiruvnanathapuram on December 23.He argues in the appeal that the trial court's judgment is...

Supreme Court Upholds Sections 3, 4 & 10 Of IBC Amendment Act 2020

The Supreme Court on Tuesday upheld the constitutional validity of Sections 3, 4 and 10 of the Insolvency and Bankruptcy Code (Amendment) Act 2020.A bench comprising Justices RF Nariman, Navin Sinha and KM Joseph had considered the petitions. Justice KM Joseph authored the judgment delivered in Manish Kumar v Union of India and others and connected cases.While upholding the amendments, the...

Supreme Court Calls For Report From NGT Appointed Committee On Yamuna River Pollution

The Supreme Court on Tuesday called for a report from the committee constituted by the National Green Tribunal on the pollution of Yamuna river.A Bench headed by Chief Justice of India SA Bobde was hearing the suo moto case pertaining to the issue of "remediation of polluted rivers" and proceeded to direct for the report of an NGT-appointed Committee on river monitoring to be presented to...

Just Because A Person Has Expressed Views On A Matter, It Does Not Disqualify Him From Being A Member Of A Committee: CJI Bobde

"Just because a person has expressed a view on the matter, that is not a disqualification to be a member of a Committee", the Chief Justice of India orally observed today. The CJI said that members of a Committee are not Judges, and they may very well change their opinions. Thus, merely because a person has expressed some views on a matter does not mean he cannot be appointed on...

'We See The Gravity Of Problem' : Supreme Court To Consider Tomorrow Pleas Against Physical Hearing In Delhi Courts

[Update on Janaury 19 : 'We Trust That The Chief Justice Of Delhi HC Will Do The Needful'; SC Disposes Of As Withdrawn Lawyers' Pleas Against Physical Hearings In Delhi]"We see the gravity of the problem", remarked the Chief Justice of India on Tuesday while considering a petition filed by a group of advocates challenging the decision of the Delhi High Court to resume physical hearing in...

"Every Political Party Has Celebrated": SC Directs Gujarat Home Secretary To File Affidavit Indicating Compliance With COVID Guidelines

Following the alleged COVID violations on account of the January 14 Makar Sankranti / Uttarayan festivities in the state, the Supreme Court on Tuesday directed the Chief Secretary (Home), Government of Gujarat to file an affidavit indicating compliance with the court's December 3, 2020 order requiring the state to ensure that the guidelines issued by the Union of India as well as the State...

'Pre-Litigation Mediation May Not Be Feasible': Supreme Court Asks NALSA To Consider Post-Cognizance Mediation Of Cheque Bounce Cases U/ S 138 NI Act

The Supreme Court on Tuesday observed that NALSA's recommendations on pre-litigation mediation for settlement of cheque bounce cases under Section 138 of the Negotiable Instruments Act, 1881 may not be feasible. Taking into account the issues relating to limitation in pre-litigation process, a Bench led by CJI SA Bobde directed the Authority to consider "post-cognizance mediation" in...

If TV Channel Has Evidence, Inform The Investigator: Bombay HC Rejects Republic TV's Contention That It Was Doing "Investigative Journalism" In SSR Case

In a significant judgment on the menace of 'media trials', the Bombay High Court has observed that if a TV Channel/ News agency has any incriminating material/ evidence against any person in connection to an alleged crime, it has a bounden duty to provide such information to the concerned Police officer. "If indeed the channel is in possession of information that could assist...

Who Is Liable To Pay Gratuity To Teachers Of Government Aided Schools? Supreme Court To Examine

Who is liable to pay gratuity in case of Government aided schools under the Payment of Gratuity Act? The Supreme Court will examine this issue raised in a Special Leave Petition filed against a Madhya Pradesh High Court judgment.There appears to be contrary views of the Madhya Pradesh High Court and the Chhattisgarh High Court on the issue as to whose liability would it be to pay gratuity in...

What Kind Of Reporting Amounts To 'Media Trial'? Bombay High Court Gives Guidelines

The Bombay High Court on Monday in its 251-page judgement on a clutch of PILs regarding 'media trials' in the Sushant Singh Rajput death case, observed that the media ought to avoid reports touching upon an ongoing investigation and present facts which are in public interest rather than "what, according to the media, the public is interested in." The division bench of Chief...

Prescription Of Higher Educational Qualification As A Qualification For Promotion Is Not Unconstitutional: Supreme Court

The prescription of a Higher educational qualification as a qualification for promotion to a post cannot be held as violative of Articles 14 and 16 of the Constitution, the Supreme Court has reiterated.The bench headed by the Chief Justice of India SA Bobde observed thus while setting aside a Judgment of the Jammu and Kashmir High Court which quashed an administrative Order of the ...