Supreme Court Hearing-Presidential Reference On Timelines For Bills' Assent-DAY-7 : Live Updates

A 5-judge Constitution Bench of the SupremeCourt will hear today the Presidential Reference by President Droupadi Murmu on 14 questions on the power to assent on Bills, including whether Court can fix timelines for the President/Governor to decide on Bills. The Presidential Reference, made under Article 143, came a month after Supreme Court's judgment in Tamil Nadu Governor's matter, wherein...

S. 37(1)(a) Arbitration Act | Clause Restricting Interest On Delayed Payments By Itself Won't Bar Pendente Lite Interest : Supreme Court

The Supreme Court on Tuesday (Sep.2) observed that an Arbitral Tribunal can grant pendente lite interest unless expressly or impliedly barred in the contract. It added that a contractual clause barring interest on delayed payments does not prevent an arbitral tribunal from awarding pendente lite interest, i.e., the interest for the period during which the arbitration is...

Presidential Reference | Sibal Disagrees With Singhvi's Argument That Governor Has No Discretion While Acting On Bills [Day 6]

The Supreme Court yesterday(September 2) orally remarked that the arguments made by those opposing the Presidential Reference are self-contradictory in terms of the different approaches offered by them in reading Article 200.Justice Vikram Nath orally said this in the context of an argument made by Senior Advocate Kapil Sibal(for the State of West Bengal) that the Governor is not a mere...

Arbitration | Delivery Of Award To Govt Official Not Connected With Case Doesn't Amount To Valid Service On State : Supreme Court

The Supreme Court has clarified that when the government or one of its departments is a party to arbitration, delivery of an arbitral award to an official who is not connected with or aware of the proceedings cannot be treated as valid service for commencing the limitation period to challenge the award. Citing its ruling of Union of India vs. Tecco Trichy Engineers & Contractors (2005),...

Company Law | NCLT Can Examine Allegations Of Fraud & Validity Of Documents In Oppression & Mismanagement Cases : Supreme Court

The Supreme Court on Tuesday (Sep.2) observed that the National Company Law Tribunal (“NCLT”) has jurisdiction to examine allegations of fraud and validity of documents in oppression and mismanagement cases. The Court said that when “a member who holds the majority of shares in a company is reduced to the position of minority shareholder in the company by an act of the company or by...

Collegium Recommends 26 New Judges To Allahabad HC Including SC Advs Garima Prashad, Abdhesh Chaudhary & Swarupama Chaturvedi

The Supreme Court Collegium recommended the appointment of 12 lawyers and 14 judicial officers as judges of the Allahabad High CourtOut of the 26 persons recommended, three of them, Senior Advocates Garima Prashad, Swarupama Chaturvedi and Abdhesh Kumar Chaudhary, practice at the Supreme Court.Garima Prashad is also the Additional Advocate General of Uttar Pradesh.The lawyers...

Trial Against Umar Khalid & Others Will Progress In Natural Pace; Hurried Trial Will Affect Rights : Delhi High Court

The Court prima facie observed that offences were made out against the accused.

Supreme Court Dismisses Plea Against ₹3,500 Fee For All India Bar Examination

The Supreme Court on September 2 dismissed a petition challenging the Rs. 3,500 fee and other incidental charges levied by the Bar Council of India (BCI) for the All-India Bar Examination (AIBE).A bench of Justice JB Pardiwala and Justice Sandeep Mehta agreed with BCI's contention that the judgment in Gaurav Kumar v. Union of India, which held that Bar Councils cannot charge more than...

Instances Of Delay In Bills Assent Can't Justify Imposing Fixed Timelines For Governors & President : Supreme Court During Hearing

On the 6th day of the hearing of the Presidential Reference, the Supreme Court orally observed that certain instances of delay in granting assent to Bills cannot justify the laying down of a blanket timeline for the Governors and President to act as per Articles 200 and 201of the Constitution respectively.If there are individual cases of delay, the aggrieved parties can approach the Court to...

Conviction Under S.138 NI Act Can't Be Sustained After Complainant & Accused Enter Into Settlement : Supreme Court

The Supreme Court has held once a complainant signs a compromise deed acknowledging receipt of the full settlement amount, the conviction under Section 138 of the Negotiable Instruments Act cannot be sustained.The Court set aside an order of the High Court which dismissed an application filed by the accused seeking alteration of his conviction based on the settlement arrived at with...

Delhi Riots: High Court Denies Bail To Umar Khalid, Sharjeel Imam And 7 Others In UAPA Case

The Delhi High Court dismissed the bail pleas filed by Umar Khalid, Sharjeel Imam and seven other accused persons in the 2020 Delhi riots "larger conspiracy" case.A division bench of Justice Naveen Chawla and Justice Shalinder Kaur pronounced the verdict. The other accused include Athar Khan, Khalid Saifi, Mohd Saleem Khan, Shifa ur Rehman, Meeran Haider, Gulfisha Fatima and Shadab Ahmed.Name...

'Can A Person Shoot Himself On Chest With Rifle?' : Supreme Court Asks MP Police In Death Case Treated As Suicide

Questioning whether it is possible for a person to shoot himself in the chest with a rifle, the Supreme Court yesterday called on the Madhya Pradesh Police in a death case treated as a suicide whether all relevant aspects had been probed - including possibility of a murder."To our understanding whether a person would be able to use a rifle to shoot himself on the chest needs examination. In...