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Was Not Informed Of Need To Take Court's Permission Before Trees In Ridge Forest Were Cut : Delhi LG Tells Supreme Court
The Chairperson of Delhi Development Authority (DDA) and Lieutenant Governor of Delhi VK Saxena has informed the Supreme Court that he was not made aware of the requirement to get permission from the Apex Court before the trees in the Ridge Trees were felled.The affidavit of the LG comes after the bench of Chief Justice of India DY Chandrachud, Justice JB Pardiwala and Manoj Misra passed an...
Environment Protection Act Rendered Toothless Due To Centre's Inaction: Supreme Court
The Supreme Court on Wednesday (October 23) observed that the section 15 of the Environment Protection Act has been rendered “toothless” due to the Centre's inaction after the 2023 Jan Vishwas Amendment which replaced punishment for violation of the Act with penalties.“This provision has been rendered completely ineffective due to inaction on the part of Government of India…In the...
Card Issuing Bank Not Liable To Pay Service Tax On Interchange Fee When It Is Already Paid On MDR : Supreme Court
The Supreme Court recently ruled that a card issuing bank is not liable to separately pay service tax on the interchange fee when the said tax already stands paid on the Merchant Discount Rate (MDR). The Three Judge Bench of Justice Sanjiv Khanna, Justice Sanjay Kumar, and Justice R. Mahadevan observed that “the entire amount of the service tax payable on the MDR has been paid to...
IBC | No Compulsion To Specify Names Of Creditors In Balance Sheet, General Entry Acknowledging Debt Sufficient To Initiate CIRP : Supreme Court
Observing that there's no compulsion for the companies to specify the names of every secured/unsecured creditor in their balance sheet, the Supreme Court dismissed the plea of a corporate debtor's suspended director against the initiation of Corporate Insolvency Resolution Process (“CIRP”). In other words, the bench comprising Justices PS Narasimha and Sandeep Mehta observed that when...
Supreme Court Dismisses Swami Shraddhanand's Challenge To Imposition Of Life Sentence Without Remission For Murder Of Wife
The Supreme Court today dismissed a review petition filed by Swami Shraddhanand alias Murali Manohar Mishra, seeking reconsideration of a judgment which imposed on him a life sentence (without remission) for the murder of his wife Shakereh Khaleeli (granddaughter of Dewan of Mysore, Sir Mirza Ismail).The 84-yr-old self-styled godman has been in jail since about 30 years and claims that he...
Supreme Court Defers Marital Rape Case Hearing Citing Improbability Of Decision Before CJI DY Chandrachud's Retirement
The Supreme Court on Wednesday (October 23) deferred the hearing of the pleas seeking to criminalise marital rape considering the fact that the matter is unlikely to be decided before the retirement of Chief Justice of India DY Chandrachud, who is presiding the bench which started hearing the matter. A bench comprising Chief Justice of India DY Chandrachud, Justice JB Pardiwala and Justice...
'Legal Aid To Poor Should Not Be Poor Legal Aid : Supreme Court Issues Directions To Ensure Prisoners Get Free & Timely Legal Aid
The High Courts may consider the feasibility of issuing a practice direction to the effect that all courts including the High Court while furnishing the copy of the judgment of conviction/dismissal/reversal of acquittal/dismissal of bail applications, may append a coversheet to the judgment informing the convict about the availability of free legal aid facilities for pursuing higher remedies. The coversheet may set out the contact address and phone number of the legal aid committee attached to the court for seeking appropriate guidance. Similar information may be made available in the notices issued to the respondents by the concerned courts in appeals against acquittal.
Plea To Criminalise Marital Rape : Live Updates From Supreme Court
The Supreme Court is hearing a batch of petitions seeking to criminalise marital rape.The petitioners challenge Exception 2 to Section 375 of the Indian Penal Code and Section 63 of the Bharatiya Nyaya Sanhita which provide that sexual intercourse/sexual acts by a man with his wife would not be "rape".A bench comprising Chief Justice of India DY Chandrachud, Justice JB Pardiwala and Manoj...
Supreme Court Sets Aside NCLAT Order Which Closed Insolvency Process Against Byju's Based On Settlement With BCCI
The Supreme Court today (October 23) set aside the order of the National Company Law Appellate Tribunal which closed the insolvency proceedings against ed-tech company Byju's (Think and Learn Pvt Ltd) accepting a settlement between it and the Board of Control for Cricket in India (BCCI) for about Rs 158 crores.The Court held that the NCLAT erred in allowing the withdrawal of the...
Supreme Court Upholds Power Of States To Regulate Industrial Alcohol Under Term 'Intoxicating Liquor'; Justice Nagarathna Dissents
A nine-judge Constitution Bench of the Supreme Court on Wednesday (October 23), held by 8:1 majority, held that the States have the power to regulate 'denatured spirit or industrial alcohol'.The majority concluded so by holding that the term "intoxicating liquor" in Entry 8 of List II (State List) of the Seventh Schedule of the Constitution will include industrial alcohol.The majority held...
Calcutta High Court Stays Suspension Of RG Kar Medical College Junior Doctors Over Alleged 'Threat Culture'
A Calcutta High Court vacation bench recently stayed the suspension and expulsion of around 51 junior doctors from RG Kar Medical College and Hospital over allegations of 'threat culture.'Notably, RG Kar has been the scene for the brutal rape and murder of a trainee doctor after she had completed her night duty.In the present case, the petitioners had been suspended and expelled from the...