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'No Reason Recorded' : Supreme Court Sets Aside BCI Order Dismissing Complaint Against Law Firm, Directs Reconsideration
The Supreme Court recently set aside an order passed by the Bar Council of India dismissing a revision petition filed by a litigant alleging professional misconduct by Advocates Alok Dhir and Maneesha Dhir, partners of law firm Dhir & Dhir Associates.A bench comprising Justice Dipankar Datta and Justice Manmohan noted that without recording "any reason at all", the BCI rejected the...
S. 141 NI Act | Non-Executive & Independent Company Directors Not Liable For Cheque's Dishonour Unless Their Direct Involvement Shown : Supreme Court
The Supreme Court reiterated that non-executive and independent directors of a company cannot be held vicariously liable for the company's obligations under the Negotiable Instruments Act, 1881 (NI Act), unless their direct involvement in the company's financial transactions is established. The Court held that merely holding the position of the non-executive and independent director of...
Time Has Come To Think & Write About Misuse Of PILs : Justice BV Nagarathna
Justice BV Nagarathna, Judge of the Supreme Court, recently commented about the misuse of Public Interest Litigations (PILs) and said that the time has come to think and write about this issue."I think the time has now come for him to think and write about the misuse of PIL, a powerful legal weapon for ameliorating injustices, which owing though the actions of a few has been reduced to...
Supreme Court Wonders Why NCLAT Wrote Long Order On Delay Condonation Application Despite High Pendency
The Supreme Court recently expressed surprise that the National Company Law Appellate Tribunal (NCLAT), despite having a high pendency of cases, devoted extensive time and effort to writing a 17-page order on a delay condonation application.A bench of Justice Abhay Oka and Justice Ujjal Bhuyan remarked that lengthy submissions and pleadings by members of the Bar often contribute to...
'Will Hold Chief Secretaries Personally Liable' : Supreme Court Warns States/UTs Which Haven't Formed Expert Committees To Identify Forest Areas
The Supreme Court on Tuesday (March 4) came down heavily on States/Union Territories for not complying with its earlier directions to constitute expert committees for the identification of forest areas.If the non-compliant States fail to constitute the Expert Committees within one month and carry out the exercise in terms of Rule 16(1) of Van (Sanrakshan Evam Samvardhan) Rules, 2023 within...
IBC Moratorium Does Not Bar Execution Of Penalties Imposed Under Consumer Protection Act : Supreme Court
In a significant development, the Supreme Court today (March 4) ruled that an interim moratorium under Section 96 of the Insolvency & Bankruptcy Code, 2016 (“IBC”) does not apply to penalty proceedings under Section 27 of the Consumer Protection Act, 1986 (“CP Act”). The Court explained that Section 79(15) of the IBC excludes certain liabilities, such as fines and penalties, from...
'Can't Be “Operation Successful-Patient Dead” Case' : Supreme Court Issues Notice To Telangana Speaker Over Delay In Plea To Disqualify BRS MLAs
In Bharat Rashtra Samithi (BRS) MLAs' pleas against Telangana Assembly Speaker's delay in deciding disqualification petitions in respect of party MLAs who defected to the ruling Congress, the Supreme Court today questioned the impact of long pendency of disqualification petitions on democratic principles."Every matter can't be operation successful, patient dead...reasonable period (for...
Separate Cut-Off Mandatory For Persons With Disabilities Category In Judicial Service Selections : Supreme Court
In its landmark judgment concerning appointment of visually impaired persons in judicial services, the Supreme Court directed the Rajasthan Judicial Service Examinations authorities to declare separate cut-off marks and publish separate merit list for Persons with Disabilities (PwD) category at every stage of the examination and proceed with the selection process accordingly. A bench of...
“How Will Jaipur Become A Smart City By Destroying Jal Mahal?” Supreme Court Criticizes Municipal Body
The Supreme Court recently criticized the Jaipur Municipal Corporation (Heritage) for allowing pollution in Jal Mahal Lake, questioning how the city can aspire to be a Smart City while destroying the water body.“Today we see the Commissioner appearing online with the name board of Smart City behind him. We wonder how the city of Jaipur will become a Smart City by destroying Jal Mahal...
Specific Relief Act | Appellate Court Must Specify Time Period To Deposit Sale Consideration For Specific Performance: Supreme Court
The Supreme Court recently advised Appellate Courts to specify the time limit for depositing the balance sale consideration, as required under Order XX Rule 12A of the CPC, in cases of specific performance involving the sale or lease of immovable property. Order XX Rule 12A of Code of Civil Procedure, 1908 (“CPC”) states that where a decree for the specific performance of a contract for...