Supreme Court Weekly Round-Up

Article 14 Does Not Forbid Reasonable Classification For The Purposes Of Legislation [Rajasthan State Road Transport Corporation V. Danish Khan] The Supreme Court upheld a compassionate appointment regulation of Rajasthan State Road Transport Corporation which barred dependents of a deceased employee from claiming compassionate appointment in case of death of an employee while...

SC Sets Up Constitution Bench To Settle Interpretation Of Sec. 24 Of New Land Acquisition Act

The Court will decide the issue whether land acquisition will lapse on non deposit of compensation within prescribed time

Purchaser Of Goods For Commercial Purpose Is A Consumer If He Uses It Himself For Earning His Livelihood: SC [Read Judgment]

The Supreme Court reiterated that if the commercial use of goods is by the purchaser himself for the purpose of earning his livelihood by means of self-employment, such purchaser of goods is a "consumer'".The bench comprising Justice Uday Umesh Lalit, Justice Indira Banerjee and Justice MR Shah was considering an appeal against the order of National Consumer Commission which dismissed a...

Aircel Maxis : Delhi HC Issues Notice To Chidambarams In ED's Plea Against Pre-Arrest Bail

The Delhi High Court on Friday issued notice to former Union Finance Minister P Chidambaram and his son Karti Chidambaram in the appeal filed by Enforcement Directorate against the pre-arrest bail granted to both in the Aircel Maxis case.Appearing for the Enforcement Directorate, Solicitor General Tushar Mehta argued that the Special CBI Judge did not consider the judgment of the Supreme...

Alternative Remedy And Supervisory Jurisdiction Of High Courts Under Article 227 Of Constitution

Does the new doctrine of 'Near Total Bar' tantamount to placing hurdle on the exercise of Constitutional power by High Courts?

Specific Relief- Mere Extension Of Time For Deposit Will Not Absolve Plaintiff Of Obligation To Prove Readiness & Willingness : SC [Read Judgment]

The Supreme Court has held that mere extension of time for deposit of balance sale consideration will not absolve the plaintiff of obligation to prove readiness and willingness to perform his part in an agreement for sale.The grant of extension of time cannot ipso facto be construed as otherwise demonstrating readiness and willingness on part of the plaintiff, observed the bench...

Article 14 Does Not Forbid Reasonable Classification For The Purposes Of Legislation, Reiterates SC [Read Judgment]

The Supreme Court upheld a compassionate appointment regulation of Rajasthan State Road Transport Corporation which barred dependents of a deceased employee from claiming compassionate appointment in case of death of an employee while travelling in the vehicle of the Corporation.The bench comprising Justice L. Nageswara Rao and Justice Hemant Gupta observed that observed that though Article 14...

Important Supreme Court Judgments On Insolvency & Bankruptcy Code

Insolvency and Bankruptcy Code was enacted in 2016. Though it received the assent of the President of India in May 2016, it came into force only in November-December 2016. Stated objective of the code is to consolidate and amend the laws relating to reorganization and insolvency resolution of corporate persons, partnership firms and individuals in a time bound manner for maximization of value...

Should Proceedings In New Court Where 'Returned' Plaint Is Filed Be Started De Novo? SC Refers To Larger Bench [Read Order]

"We see no justifiable reason why the proceedings which may have taken place in a Court even if it has no jurisdiction, cannot be transferred to the new Court having jurisdiction."

Sexual Harassment Complaint: Can HC Transfer Investigation To Another State ? SC To Examine [Read Order]

Does a High Court has jurisdiction to transfer the proceedings for enquiry into the complaint of sexual harassment and investigation in FIR to another State? The Supreme Court will examine. The bench of Justice Indu Malhotra and Justice Subhash Reddy issued notice in a special leave petition filed against a Madras High Court order. A lady police officer (Superintendent of Police) had filed...

Know The Law: Can A Non-Lawyer Appear For A Litigant In Courts?

Can a non-lawyer appear on behalf of a litigant in a court of law? Or Can a litigant engage a person who is not a lawyer to represent him/her before a court of law? This piece attempts to answer these queries.Statutory Scheme Section 30 of the Advocates Act gives statutory right to every advocate whose name is entered in the [State roll] the right to practise in all courts including...

Breaking - Aarey Case : SC Orders Status Quo On Cutting Of Trees For Mumbai Metro Car Shed [Read Order]

The special vacation bench of the Supreme Court on Monday ordered status quo on felling of trees in Aarey colony in Mumbai suburbs till further orders.This was after Solicitor General Tushar Mehta, appearing for Maharashtra Government, undertook that no further trees will be cut and that the legality of the tree felling which already took place can be decided by the environment bench after...