IBC Not Intended To Be Substitute To A Recovery Forum: SC Reiterates [Read Judgment]

'Whenever there is existence of real dispute, the IBC provisions cannot be invoked.'While setting an order of National Company Law Appellate Tribunal (NCLAT), the Supreme Court has reiterated that existence of an undisputed debt is sine qua non of initiating corporate insolvency resolution process (CIRP).Equipment Conductors and Cables Limited had filed a petition under Section 9 of...

If A Religious Practice Threatens People’s Health, It Is Not Entitled To Protection Under Article 25: SC [Read Judgment]

The Supreme Court, on Tuesday, ruled against imposing complete ban on firecrackers, but said that only less polluting green crackers can be sold, that too only through licensed traders. The court also banned online sale of firecrackers.In doing so, the Bench comprising Justice AK Sikri and Justice Ashok Bhushan examined the interplay between the right to health and environmental protection...

Appointment Of Election Commissioners: Constitution Intends The Appointments To These Posts To Be Part Of Executive Function And Not Judicial: AG [Courtroom Exchange]

The Supreme Court bench of Chief Justice Ranjan Gogoi and Justice S. K. Kaul on Tuesday referred to the Constitution Bench the issue of a “foolproof and better”, independent and transparent system for the appointment of the Chief Election Commissioner, noting that the matter has never been debated before and requires a closer look at the relevance of Article 324(2).When the Chief...

Both Bar Council Of India And National Testing Agency Stake Claim For Conducting CLAT Before SC [Read Affidavits]

In affidavits filed in the Supreme Court in response to Prof. Shamnad Basheer’s petition for a permanent CLAT (Common Law Admission Test) body, both, the Bar Council of India (BCI) and the National Testing Agency (NTA) have staked claim to the conduct of CLAT.In its affidavit, BCI has claimed that conducting entrance examination for NLUs is its “prerogative”, relying on the Advocates...

Breaking: SC Refers Plea To Make Independent Collegium To Recommend Names For Appointment Of Election Commissioners To Constitution Bench

A Supreme Court bench of Chief Justice Ranjan Gogoi and Justice SK Kaul on Tuesday referred a plea, for constituting an independent mechanism for selection of Election Commissioners, for the consideration of Constitution Bench.The plea has sought a direction to Centre "to make law for ensuring a fair, just and transparent process of selection by constituting a neutral and independent...

Breaking: SC Refuses Complete Ban On Sale Of Firecrackers; Online Sale Banned; Duration For Bursting Crackers Fixed [Read Judgment]

The Supreme Court has ruled against imposing complete ban on firecrackers but has said that only less polluting green crackers can be sold, that too only through licensed traders. The Court has banned online sale of firecrackers, restraining e-commerce websites from carrying out its sale.The Court also fixed duration for bursting of crackers. On the day of Diwali and other religious festivals,...

Breaking:Supreme Court To Hear Sabarimala Review Petitions On November 13.

Chief Justice Of India on Tuesday announced that the Supreme Court will hear the review petitions filed against the Sabarimala verdict on November 13.The petitions will be heard in open court, said the CJI.Yesterday, when Advocate Mathew Nedumpara made an oral plea for listing of Sabarimala petitions, the CJI said that the date of hearing will be announced today. "We know there are 19...

Finalize SOP For Handling Complaints Involving Child Pornography By 15 November: SC Directs Centre [Read Order]

The Supreme Court on Monday directed the Centre to finalize the Standard Operating Procedure (SOP) for handling complaints involving child pornography by November 15.The bench comprising Justice Madan B Lokur and Justice UU Lalit asserted, “We are constrained to fix this deadline because the Union of India has already had more than two months of experience in working the Standard...

SC Stays NGT Judgment Approving Char Dham Project [Read Order]

The Supreme Court has stayed the operation of the judgment of the National Green Tribunal which approved the "Char Dham Highway project" in Uttarakhand.The SC bench of Justice Rohinton Nariman and Justice Abdul Nazeer passed the stay order in an application filed by an NGO, 'Citizens for Green Doon' and few other local residents, who alleged unfairness and lack of propriety on the part of NGT...

'Why No Action Taken Against Media Houses Revealing Identity Of Victims Of Sexual Offences?', SC Asks Media Bodies

The Supreme Court today sought the response of media bodies like Press Council of India(PCI), News Broadcasting Standards Authority(NBSA), Editors Guild of India and the Indian Broadcasting Federation (IBF) regarding the action taken against reporters and media houses who reveal the identity of victims of sexual offences.The bench of Justice Madan B Lokur and Justice Deepak Gupta asked why...

#MeToo: SC Refuses Urgent Hearing Of Plea For Registration Of FIRs, Fast Track Trial Courts, Etc.

The Supreme Court on Monday refused to urgently hear a petition filed by a lawyer seeking registration of FIRs based on allegations of sexual misconduct and assault levelled by women across various sectors during the #MeToo movement.A Bench comprising Chief Justice Ranjan Gogoi and Justice SK Kaul said that the petition will come up for hearing in the regular course.The court has been...

PIL To Lower Men's Marriageable Age From 21 To 18 Dismissed By SC With Rs. 25,000 Cost

The Supreme Court today dismissed a public interest litigation filed seeking to lower the legal age of men to marry from 21 to 18. The bench of Chief Justice Ranjan Gogoi, Justice S K Kaul and Justice K M Joseph also imposed a cost of Rs.25,000/- on the petitioner while dismissing the petition.The PIL was filed by Advocate Asok Pande, who contended that if an 18 year old man has the right to...