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Supreme Court Issues Notice To Telangana High Court Over The Decision To Not Hear Quashing Petitions During Vacation
The Supreme Court, on Tuesday, was appalled by a notice issued by the Telangana High Court, stating that its Vacation Benches would not entertain writ petitions and criminal petitions for quashing FIR/ Chargesheet, etc.Clause 3 of the Notice titled 'Instructions as to filling of cases to be beard in the Summer Vacation Court on 05.05.2022', inter alia, stated as under - "No Writ Petitions...
Order IX Rule 13 CPC - Trial Court Can Decide Prayer Of Defendants To Permit Filing Of Written Statement After Setting Aside Ex Parte Decree: Supreme Court
The Supreme Court observed when an ex Âparte decree is set aside and the suit is restored to file, the defendants cannot be relegated to the position prior to the date of hearing of the suit when he was placed ex Âparte.The bench comprising Justices M R Shah and B V Nagarathna, in this case, observed that a Trial Court can consider whether on setting aside the exÂparte decree,...
'Sex Workers Can't Be Harassed, Can't Be Forced To Stay In Shelter Homes' : Supreme Court Asks Centre & Amicus To Finalize Proposed Guidelines
As Additional Solicitor General, Mr. Jayant Sud, appearing on behalf of the Union Government raised some objections with respect to the recommendations made by the Court appointed Panel on Sex Workers regarding the 'conditions conducive for sex workers who wish to continue working as sex workers with dignity', the Supreme Court, on Tuesday, asked all to have a discussion and reach a...
[2009 Chhattisgarh Extrajudicial Killings] Supreme Court Commences Hearing On UOI's Plea Seeking Action Against PIL Petitioners For Allegations Against Security Forces
The Supreme Court on Tuesday commenced hearing on a 2009 plea for independent investigation into alleged incidents of extra-judicial executions of tribals in Chhattisgarh.The Union Government had in April this year filed an application in the Supreme Court seeking action against petitioners who filed this PIL making allegations against security forces of committing extra-judicial killings...
NEET SS 2021: Supreme Court Agrees To Consider Plea By MD/MS Doctors Seeking Reduction Of Eligibility Cut Off
The Supreme Court on Tuesday agreed to consider a writ preferred by MD/MS Doctors seeking reduction of eligibility cut off for qualifying for registering and appearing for the Mop- Up /Stray Vacancy round being organized by the Medical Counseling Committee ("MCC") for NEET SS 2021. The petition which also sought for was mentioned in the morning by Advocate Karanjot Singh Mainee before...
Centre Can't Hold Tribunal Appointments Cleared By SCSC Citing New Inputs; Fresh Materials Must Be Shared With SCSC : Supreme Court
The Supreme Court on Tuesday disapproved the practice of the Central Government putting off the appointments of members to Tribunals despite recommendations by the Search-cum-Selection Committee (SCSC) citing new inputs about the candidates. If fresh materials come to light about the candidates cleared by the SCSC, such materials should be shared with the SCSC. Not doing so will be a...
Supreme Court Allows Time Extension Till August To Demolish Supertech Twin Towers At Noida
In connection with the Supertech Emerald Court project in Noida, the Supreme Court on Tuesday allowed a three months extension for completion of demolition work of the twin 40 storey towers in Noida.A bench comprising Justice DY Chandrachud and Justice PS Narsimha has directed that the time for completion of work of demolition of the twin towers be extended to 28 August 2022.The court was...
AoRs Should Make Endorsement That They Are Satisfied About Due Execution Of Vakalatnama Which Was Not Signed In Their Presence : Supreme Court
The Supreme Court observed that Advocates On Record have to comply with the requirements under the Supreme Court Rules 2013 of certifying execution of Vakalatnama.Justice Abhay S. Oka, in an order passed last week, observed: -If the Vakalatnama is executed in presence of the Advocate Âon ÂRecord himself, it is his duty to certify that the execution was made...
Supreme Court Declares Noida As An Operational Creditor Under The Insolvency And Bankruptcy Code, 2016
Supreme Court in the case of New Okhla Industrial Development Authority versus Anand Sonbhadra held that the NOIDA is an operational creditor under the provisions of the Insolvency and Bankruptcy Code, 2016. (IBC/Code) The Bench comprising of Justice KM Joseph and Justice Hrishikesh Roy dismissed the appeal filed by NOIDA against the judgment of the National Company...
NEET-SS 2022: Plea In Supreme Court Challenges Changed Exam Pattern
MD Radiation Oncologists and MD Anaesthesiologists NEET SS 2022 aspirant have approached the Supreme Court challenging the changed examination pattern which would now consist of 150 questions from the general/basic component of the primary feeder broad specialty subject and from all sub- specialty/systems/component of that primary feeder broad specialty subject. The aspirants are...
Section 304A IPC -'Res Ipsa Loquitur' Stricto Sensu Does Not Apply ; Nexus Between Accused's Negligence & Victim's Death Has To Be Established : Supreme Court
The Supreme Court noted that the doctrine of res ipsa loquitur stricto sensu would not apply to a criminal case."For bringing home the guilt of the accused, prosecution has to firstly prove negligence and then establish direct nexus between negligence of the accused and the death of the victim.", the bench comprising CJI NV Ramana, Justices Krishna Murari and Hima Kohli...
Section 482 CrPC - Criminal Proceedings Cannot Be Quashed Merely On The Ground That "No Useful Purpose Will Be Served" : Supreme Court
The Supreme Court observed that when a clear case is made out for the offences alleged, the criminal proceedings cannot be quashed merely on the ground that "no useful purpose will be served by prolonging the proceedings of the case".The bench comprising Justices MR Shah and BV Nagarathna reiterated that a High Court must pass a speaking and reasoned order while disposing petitions under...