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After-Notice Transfer Petitions To Be Listed Before Single Benches Also : Supreme Court Circular
The Supreme Court on Wednesday issued a circular stating that from now onwards, after-notice transfer petitions will also be listed before single judge benches, besides division benches. However, fresh transfer petitions will continue to be listed before single benches."It is hereby notified for information of the Members of the Bar, Party-in persons' and all concerned that the...
Regularisation Of Services | In The Absence Of Sanctioned Post, Govt Can't Be Compelled To Create Posts & Absorb Those In Service : Supreme Court
The Supreme Court, recently, reiterated that in absence of sanctioned posts, the State cannot be compelled to create posts and absorb people who are continuing in service of the State. It noted that Courts cannot direct for creation of posts. A Bench comprising Justice Ajay Rastogi and Justice Bela M. Trivedi was deciding a case pertaining to reinstatement and regularisation of members of...
ED Conducting ‘Fishing’ Enquiries To Implicate People in Money Laundering Cases: Senior Advocate C Aryama Sundaram
Senior Advocate C Aryama Sundaram alleged that the Directorate of Enforcement was conducting ‘fishing’ enquiries to implicate people in money laundering cases. He said: “The Enforcement Directorate proceeds under the Prevention of Money Laundering Act as though it is conducting a fishing expedition. This act cannot be invoked on basis of surmise. Summons cannot be issued under...
NJAC Dissent Never Suggested Handing Over Selection Of Judges To The Executive, I Know The Dangers Of It : Justice Chelameswar
Justice J Chelameswar, former Supreme Court Judge, said that in his dissenting judgment in the NJAC (National Judicial Appointments Commission) case, he never suggested the handing over of the selection of judges to the executive.“I know the dangers of it more than anyone else”, the former Apex Court Judge said in this regard. He was speaking on the topic "Is Collegium Alien To...
Preventive Detention Law A Colonial Legacy, Confers Arbitrary Power; Every Procedural Lapse Must Benefit Detenue's Case : Supreme Court
While setting aside a preventive detention order, the Supreme Court observed that such laws in India are a colonial legacy and have great potential for abuse and misuse. The Court emphasized that laws conferring arbitrary powers to the state must be critically examined and used only in the rarest of rare cases.A Bench of Justice Krishna Murari and Justice V. Ramasubramanian said that,...
High Court Cannot Quash Criminal Proceedings At Section 482 CrPC Stage By Saying Charges Aren't Proved : Supreme Court
The Supreme Court has reiterated that a High Court cannot conduct a "mini trial" while exercising powers under Section 482 of the Code of Criminal Procedure. "At the stage of discharge and/or while exercising the powers under Section 482 Cr.P.C., the Court has a very limited jurisdiction and is required to consider “whether any sufficient material is available to proceed further against...
Income Tax Act | For A Company To Be A "Resident" In India, Domicile Or Registration Irrelevant; Test Is Where De Facto Control Lies : Supreme Court
The Supreme Court has ruled that under the Income Tax Act, 1961, the domicile or the registration of the company is not at all relevant, and the determinate test is the place where, the sole right to manage the company and the control of the company lies. The place where the “head and seat” and the “directing power” of the affairs of the company and the control and management is...
Ambedkar Jayanti | Supreme Court Will Remain Closed on April 14
Amid calls to declare Ambedkar Jayanti as a court holiday, the Supreme Court of India has announced that the court as well as the registry would remain closed on Friday, April 14, to commemorate the birth anniversary of BR Ambedkar, who is also known as the ‘Father of the Indian Constitution’. In a circular released by the court today, it has been declared: “Hon’ble the...
UP Urban Building Act | Tenant Can Deposit Rent In Court Only On Landlord's Refusal To Accept : Supreme Court
The Supreme Court held that Section 30 Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 provides that a tenant may deposit rent in the Court on refusal of the rent by the landlord, but this position only lasts till the landlord expresses his willingness to receive the rent. If the landlord serves formal notice expressing willingness, the tenant upon receipt...
'Trial Judges Shouldn't Be Placed In A Sense Of Fear' : Supreme Court Sets Aside HC Order Seeking Explanation From Judge For Granting Bail
The Supreme Court has strongly deprecated the order passed by the Madhya Pradesh High Court to seek explanation from a trial court judge for granting bail in a case. Such orders passed by the higher judiciary will have a "chilling effect" on the district judiciary, reminded the Supreme Court while setting aside the High Court's order."The order of the High Court directing that the appellant...
Arbitration | Section 34 Application Must Be Filed Within 90 Days Limitation To Claim Exclusion Of Period When Court Remain Closed : Supreme Court
The Supreme Court has held that an application under Section 34 of Arbitration and Conciliation Act, 1996 must be filed within “prescribed period” of limitation i.e. 90 days, for seeking benefit of exclusion of period during which the Court remained closed from computation of limitation period. If the application is filed by invoking Proviso to Section 34(3) of Arbitration Act, which...
Supreme Court Monthly Digest March 2023
SUBJECT WISE INDEXAccess to JusticeFundamental right of Access to Justice - Abolition of OAT does not violate right of access to justice as cases will be heard by High Court - The fundamental right of access to justice is no doubt a crucial and indispensable right under the Constitution of India. However, it cannot be interpreted to mean that every village, town, or city must house every forum...