Sharad Yadav’s Disqualification As RS Member: SC Requests Delhi HC To Adjourn Proceedings; Issues Notice

The Supreme Court on Monday issued notice on a petition challenging an interim order passed by the Delhi High Court in the case concerning the disqualification of Janata Dal (United) Party, Sharad Yadav as a member of the Rajya Sabha in December last year.The Bench comprising Justice AK Sikri and Ashok Bhushan also requested the Delhi High Court to adjourn the proceedings listed before...

SC To Pronounce Judgement On Plea To Ban Legislators From Legal Practice Tomorrow

The Supreme Court will tomorrow pronounce its judgment on the petition seeking a declaration that a person cannot be permitted to perform the dual role of a lawyer and a legislator (MP/MLA).The verdict will be issued by a Bench comprising Chief Justice of India Dipak Misra, Justice AM Khanwilkar and Justice DY Chandrachud on the plea filed by BJP leader and Advocate Ashwini Kumar...

Breaking: Accused Is Entitled To Default Bail Even If Charge Sheet Returned Due To Technical Reason, No Court Can Extend Remand Period U/S 167(2) Beyond 90 Days : SC [Read Judgment]

A two Judge Bench of the Supreme Court on Monday held that an accused is entitled to default bail under Section 167(2) of Code of Criminal Procedure even if the charge sheet filed by police was returned by the Magistrate for technical reasons.The Court also held that the provisions of the Code do not empower anyone to extend the period within which the investigation must be completed nor does...

Disqualification Of Legislators On Framing Of Charge: SC Constitution Bench To Deliver Verdict Tomorrow

The five-judge Constitution Bench of the Supreme Court is set to deliver its verdict on the plea for disqualifying candidates against whom criminal charges have been framed from contesting elections, on Tuesday, i.e. 25 September.The judgment will be delivered on a writ petition filed by the NGO, Public Interest Foundation by a bench comprising Chief Justice of India Dipak Misra, Justice...

[Ayodhya] SC Likely To Pronounce The Order On 'Whether The Ismail Faruqui Judgment Requires Re-consideration By A Larger Bench' On Friday

The Supreme Court is likely to pronounce it's order on Friday on the question whether it’s 1994 ruling in Ismail Faruqui Vs Union of India requires reconsideration by a larger bench.The bench of Chief Justice Dipak Misra, Justice Ashok Bhushan and Justice Abdul Nazeer reserved the order on July 20 on a string of appeals against the 2010 verdict of the Allahabad High Court in the...

Comply Our Directions On Mob Lynching Within A Week : SC Directs States And UTs [Read Order]

The Supreme Court bench of Chief Justice Dipak Misra, Justice D. Y. Chandrachud and Justice A. M. Khanwilkar on Monday required all states and UTs to comply within one week with the preventive and remedial measures issued by it in its July 17 verdict to circumvent the alarming rise in the instances of mob violence and cow vigilantism. Senior Advocate Sanjay Hegde, appearing on behalf...

Fraud Not Necessary Element For Passing Off If The Defendant Has Imitated Or Adopted The Plaintiff’s Trademark: SC

“Though passing off is, in essence, an action based on deceit, fraud is not a necessary element of a right of action, and that the defendant’s state of mind is wholly irrelevant to the existence of a cause of action for passing off, if otherwise the defendant has imitated or adopted the Plaintiff’s mark”The Supreme Court has observed that though passing off is, in essence, an action...

Breaking: SC Refers Plea Seeking Complete Ban On Female Genital Mutilation [FGM] To Constitution Bench [Read Order]

The Supreme Court bench of Chief Justice Dipak Misra, Justice D. Y. Chandrachud and Justice A. M. Khanwilkar on Monday referred to a five-judge bench the question of constitutionality of the alleged practice of Female Genital Mutilation (FGM) purported to be followed by the Dawoodi Bohra community in India.At the previous hearings, Senior Counsel Abhishek Manu Singhvi has advanced arguments...

Supreme Court Weekly Round-Up

Person Who Remains In Occupation Of An Encroached Property Disqualified From Being Member Of Panchayath, SC Overrules Its Earlier Judgment [Janabai vs. Additional Commissioner]The Supreme Court, overruling its earlier decision, held that a person who shares an encroached property by residing there and there is continuance; he/she has to be treated as disqualified from being a Member of...

Labour Court Can Examine Charges On Merits Only If Domestic Enquiry Is Held Illegal: SC Upholds Dismissal Of Banker Who Was Found Drunk On Duty [Read Judgment]

‘It was obligatory upon the Labour Court to first frame the preliminary issue on the question of legality and validity of the domestic enquiry and confined its discussion only for examining the legality and propriety of the enquiry proceedings.’The Supreme Court, while upholding the dismissal of a bank employee who was found drunk during duty, has explained the procedure to be followed by...

Section 438 Cr P C [Anticipatory Bail] Applicable In Uttarakhand, Declares Uttarakhand HC [Read Judgment]

The Uttarakhand High Court has declared that provision for anticipatory bail under Section 438 of the Code of Criminal is applicable in the State of Uttarakhand.Section 438 of CrPC was made inapplicable in State of Uttar Pradesh, from which Uttarakhand was carved out in 2000, as per Section 9 of the Code of Criminal Procedure(Uttar Pradesh) Amendment 1976. The issue was whether the suspension...

PIL In SC Challenges Art. 370, Says It Be Declared As Lapsed & J&K Constitution As Unconstitutional [Read Petition]

A PIL has been filed before the Supreme Court challenging Article 370 of the Constitution which grants special status to the state of Jammu and Kashmir on the ground that it lapsed with the dissolution of the Constituent Assembly in the year 1957 while also praying that the Constitution of the state be declared unconstitutional for being against the supremacy of the Constitution of India.The...