'Subsidise Wages By Utilising Funds Under ESI Act': Plea In SC Challenges Notifications For Full Payment To Workers/Employees

The Supreme Court has been moved in a plea challenging, as being violative of Articles 14 and 19(1)(g) as well as the Disaster Management Act 2005, government notifications requiring payment of full wages/salaries to the workers/employees, during the COVID-19 lockdown, and restraining the employer from laying off/terminating/retrenching any employee.The petition by the Kerala State...

Plea In SC Seeks Formulation Of NALSA COVID Relief Scheme To Help People Affected By COVID-19

In furtherance of "collaborative effort" to attain "Social Justice Litigation" during the ongoing Covid crisis, a plea in the Supreme Court has sought the formulation of a new Initiative by the National Legal Aid Services Authority (NALSA) known as NALSA COVID-19 Relief Scheme 2020.The Plea contends,"...direction to formulate a 'new initiate' to NALSA and to actively organise and supervise...

Accused Can Challenge Conviction In Appeal Filed By The State Even If He Did Not Prefer A Formal Appeal: SC [Read Judgment]

The Supreme Court has observed that an accused can challenge the finding and order of conviction in the appeal filed by the State, even though the said accused he had not preferred a formal appeal. The Rajasthan High Court had converted the conviction of one of the accused in a murder case (Mehram) from under Section 302 of the Indian Penal Code into one under Section 326, IPC. The...

Plea In SC Seeks Invocation of Indian Community Welfare Fund For Repatriation Of Economically Weaker Citizens & Migrant Labourers Stranded Abroad

A PIL has been filed in the Supreme Court seeking invocation of the Indian Community Welfare Fund (ICWF) towards repatriation of economically weaker Indians, including migrant workers stranded from Gulf countries.The petition, initiated by Pravasi Legal Cell and filed by Advocate Jose Abraham, has sought assistance from the ICWF in light of the recent Standard Operating Protocols (SOPs) dated...

"The Scales Of Justice Have To Be Weighed In Favour Of The Underprivileged": Full Text Of Justice Deepak Gupta's Farewell Speech

Today I hang up my robes after completing more than four decades in the profession. I have enjoyed every moment in the legal profession both as a lawyer and as a Judge. Therefore, I am a bit sad on ending my formal relationship with the Courts, though I can assure you that in one way or the other I will always remain in touch with my sister and brother Judges, members of the Bar and...

Justice Deepak Gupta, Who Spoke Against Misuse Of Sedition Law And Majoritarianism, Demits Office

Justice Deepak Gupta, who served the Supreme Court as a judge for over three years, had his last working day at the top court on Wednesday.He assumed the office of SC judge on February 15, 2017.The Supreme Court Bar Association gave a "virtual farewell" to Justice Gupta on Wednesday evening on account of the lockdown - a first of the kind event in the SC history where a judge is...

Constitution Is Judges' Holy Book: Justice Deepak Gupta In Farewell Speech

The Constitution is the holy book of the judges, said Justice Deepak Gupta, Supreme Court judge, in his farewell speech on Wednesday."When a Judge sits in court, we have to forget our religious beliefs and decide cases only on the basis of this Constitution which is our Bible, our Gita, our Quran, our Guru Granth Sahib and other texts", Justice Gupta said, waving a copy of the during the...

Order XXIII Rule 3A CPC: Bar To File Separate Suit Challenging Compromise Decree Applies To Stranger Also: SC [Read Judgment]

The Supreme Court has held that the bar under Order 23 Rule 3A CPC to challenge a decree passed on a compromise in a separate suit applies also to the stranger to the proceedings. In this case, the plaintiff had filed a suit alleging that a compromise decree was obtained by the defendants by fraud and misrepresentation concealing the salient fact from the High Court that the sale deed...

SC Extends Limitation Under Arbitration Act & Sec 138 Of Negotiable Instruments Act With Effect From March 15 [Read Order]

The Supreme Court on Wednesday extended the limitation period for statutory provisions under Section 138 of the Negotiable Instruments Act & the Arbitration & Concilliation Act with effect from March 15 until further orders.Taking note of the fact the SC had passed an order on March 23 to extend the limitation for filings in Courts/Tribunals in the wake of COVID-19 situation,...

Cooperative Banks Must Comply With Banking Regulation Act And Other Laws Related To Banking: SC [Read Judgment]

The Supreme Court has held that the co­operative banks cannot carry on any activity without compliance of the provisions of the Banking Regulation Act, 1949 and any other legislation applicable to such banks relatable to 'Banking' One of the issues considered by the Constitution bench in Pandurang Ganpati Chaugule and others vs Vishwasrao Patil Murgud Sahakari Bank Limited was whether...

'Effort To Hold Judiciary To Ransom' : SC Sentences 3 Contemnors To 3 Months Imprisonment For Scandalous Allegations Against Judges

The Supreme Court has sentenced three contemnors to three months imprisonment for raising "scandalous and scurrilous allegations" against sitting SC judges.On April 27, the Court had held them - Vijay Kurle(State President, Maharashtra & Goa, Indian Bar Association), Rashid Khan Pathan (National Secretary, Human Rights Security Council) & Nilesh Ojha (National President, Indian...

Rajasthan HC Stays FIR Against BJP Chief J P Nadda Registered On The Basis Of Amit Malviya's Tweet Against Congress Leaders

The Rajasthan High Court has stayed the proceedings in furtherance of a FIR against the National President of the BJP, Jagat Prakash Nadda, registered in connection to the remarks made by a party member against Congress leader Rahul Gandhi.The subject matter of the case is a tweet allegedly made by Amit Malviya, in-charge of BJP's national Information & Technology, whereby he had...