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Supreme Court Rejects Contempt Petition Alleging Illegal Demolition, Says 'Would've Entertained If Sanction Plan Was Shown'
Asking a petitioner to approach the jurisdictional High Court, the Supreme Court today refused to entertain another contempt petition alleging violation of its judgment dated November 13, 2024 restraining demolition actions across the country without prior notice and opportunity of hearing.A bench of Justices BR Gavai and AG Masih passed the order, stating, "we are not inclined to entertain...
'Can't Assume Indian Manufacturers Are Incapable' : Supreme Court Criticises Gwalior Municipality For Restricting Tender To Foreign Companies
The Supreme Court recently criticized the Gwalior Municipal Corporation (GMC) for its arbitrary tendering process, allowing only multinational brands to submit bids, purportedly to ensure quality assurance. The Court noted that the GMC's action of excluding Indian firms from the tender process suggested a belief that they were inherently incapable of competing with multinational corporations...
'We Expect HC To Act More Responsibly In Future' : Supreme Court Criticizes Allahabad HC For Passing Orders When SC Was Seized Of Issue
The Supreme Court recently criticised the Allahabad High Court for passing an interim order regarding the supply of food to lactating mothers and young children in Anganwadi centres, despite the Supreme Court being seized of the issue.Commenting that the High Court's order was an "attempt to overreach" the Supreme Court, a bench comprising Justice Dipankar Datta and Justice Manmohan...
'Point-Based Assessment Has Defects' : Supreme Court Flags Concerns With Senior Designation Process, Refers Matter To CJI
In a significant development, the Supreme Court on Thursday (February 20) expressed certain concerns with the senior designation system, which has been laid down as per the two judgments rendered by the Top Court in the Indira Jaising case in 2017 and 2023.A two-judge bench comprising Justice Abhay S Oka and Justice Augustine George Masih, clarifying that it was not disrespecting the two...
'Matter Concerning Independence Of Judiciary' : Supreme Court Stays Lokpal's Decision To Entertain Complaint Against High Court Judge
The Supreme Court on Thursday (Febraury 20) issued notice to the Union Government in a suo motu case initiated against a Lokpal decision which held that it can exercise jurisdiction over High Court Judges.A bench of Justices BR Gavai, Surya Kant and Abhay S Oka expressed disapproval of the Lokpal's reasoning and stayed the operation of the order. The Court also issued notice to the...
Andhra Pradesh Order Barring Non-Hindu Vendors From Temple Shop Auctions Cannot Be Enforced Due To Stay On HC Ruling: Supreme Court
The Supreme Court on Wednesday clarified that the Andhra Pradesh Government Order (GO) dated November 9, 2015, which bars non-Hindu vendors from participating in temple shop lease auctions, cannot be acted upon in view of the apex court's stay on the High Court decision upholding the GO.A bench of Justice Abhay Oka and Justice Ujjal Bhuyan made this clarification while disposing of an...
Supreme Court Grants Bail in PMLA Case Citing Trial Delay & Long Custody, Distinguishes Recent Precedent
Citing prolonged incarceration and the likelihood of delay in the completion of the trial, the Supreme Court recently granted bail to the accused in a money laundering case. The bench comprising Justices Abhay S. Oka and Ujjal Bhuyan was hearing the plea of Udhaw Singh, who had been in custody for 14 months. The Enforcement Directorate (ED) had listed 225 witnesses for examination, yet only...
Dowry Demand Not Necessary For S.498A IPC Offence If Physical Or Mental Cruelty To Wife Is Established : Supreme Court
The Supreme Court observed that a dowry demand is not a prerequisite to constitute the offence of cruelty under Section 498A of the IPC. The Court explained that this provision recognizes two distinct forms of cruelty. Firstly, physical or mental harm and secondly, harassment which forces the wife to meet unlawful demands for property or valuable security. The Court observed that though...
Supreme Court Adjourns Pleas Challenging Election Commissioners' Law
The Supreme Court today adjourned the pleas challenging the constitutionality of the Chief Election Commissioner and Other Election Commissioners Act, 2023, which removed the Chief Justice of India from the selection panel appointing Election Commissioners (ECs).The matter was listed before a bench of Justices Surya Kant and N Kotiswar Singh at serial No. 41. However, in terms of...
Can Appellate Courts Modify Arbitral Awards Under S.34/37 Arbitration Act? Supreme Court Constitution Bench Reserves Judgement
The Supreme Court 5-judge constitution bench today (February 19) reserved its decision on the issue of whether Courts have the power to modify an arbitral award under S. 34 and 37 of the Arbitration and Conciliation Act, 1996.S. 34 provides the outline for applying to set aside an arbitral award. S. 37 of the Act states the instances where an appeal may lie against orders relating to...
Supreme Court Takes Suo Motu Case Over Lokpal Decision That It Entertain Complaint Against High Court Judge
The Supreme Court has initiated a suo motu case over a Lokpal decision that it can exercise jurisdiction over High Court Judges.A Special Bench comprising Justice BR Gavai, Justice Surya Kant and Justice Abhay S Oka will hear the suo motu case tomorrow (In Re: Order Dated 27/01/2025 Passed By Lokpal Of India and Ancilliary Issues).In the order passed on January 27, the Lok Pal, headed by...