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Documents Can Be Produced During Cross-Examination In Civil Trial To Confront Party To Suit Or Witness : Supreme Court
In a notable judgment, the Supreme Court has held that a document can produced during cross-examination in a civil trial to confront a party to the suit or a witness. The Court also held that there is no distinction between a party to a suit and a witness in this regard.A bench comprising Justices BR Gavai and Sanjay Karol set aside a judgment of the Bombay High Court which held that...
Only Independent Functionaries Must Be Appointed As Governors, Not Like We Have In Kerala : Justice RF Nariman
Former Supreme Court Justice Rohinton F Nariman, yesterday (on December 15), expressed concerns about the tendency of the Governors to sit on bills and termed it a "disturbing fact", making a specific reference to the Kerala Governor.It may be noted that the Supreme Court is seized of a writ petition filed by the State of Kerala challenging the refusal of the Kerala Governor to grant assent...
Though Advocates Settle Pleadings & Argue On Clients' Instructions, They Have Duty To Verify Facts From Case Records: Supreme Court
The Supreme Court recently observed that advocates settle pleadings and argue in court on instructions given by the clients, they also have the duty to diligently verify the facts from the record of the case."It cannot be gainsaid that every party approaching the court seeking justice is expected to make full and correct disclosure of material facts and that every advocate being an officer of...
Supreme Court To Consider Online Gaming Companies' Plea Against 28% GST In January 2024
The Supreme Courton Friday (December 15) posted a batch of writ petitions filed by online gaming companies, including Dream 11, Games 24x7, and Head Digital Works, challenging the constitutional validity of imposition of a 28% GST, to January 8, 2024.A bench comprising Chief Justice of India DY Chandrachud, Justice JB Pardiwala and Justice Manoj Misra refused to pass interim order in favour...
Won't Enforce Condition Of 3 Year's Practice Or 70% LLB Marks For Civil Judge Exam 2023 : MP High Court Tells Supreme Court
The Madhya Pradesh High Court on Friday (December 15) informed the Supreme Court that all candidates will be allowed to appear for the Civil Judge Junior Divison (Entry Level) Recruitment exam 2023, regardless of meeting the requirement of having a minimum of 3 years of practice at the bar after enrollment or 70% marks in the LLB exam.Based on this submission made by the High Court,...
IBC | When Matter Heard But No Order Pronounced On The Same Day, Limitation To Commence From The Date When Order Gets Uploaded: Supreme Court
The Supreme Court has held that when the National Company Law Tribunal (“NCLT”) hears a matter on a particular date but does not pronounce the order on the same date, then the limitation for filing an appeal from such order before the National Company Law Appellate Tribunal (“NCLAT”) under Section 61 of the Insolvency and Bankruptcy Code, 2016 (“IBC”), would commence from the...
IBC | When Matter Heard On A Particular Date But Order Pronounced Later, NCLT Not To Affix Date Of Hearing On Order: Supreme Court
The Supreme Court has held that when a matter is heard by the National Company Law Tribunal (“NCLT”) on a particular date but the order is pronounced on another date, then NCLT must refrain from affixing the date of hearing on the order. The requirement of pronouncement of order cannot be dispensed with, since under the NCLT Rules, 2016 there is a distinction between 'hearing'...
Election Commissioners Bill Affects Independence Of ECI, Will Make Free & Fair Elections A Chimera : Justice RF Nariman
Former Supreme Court Justice Rohinton F Nariman opined that the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Bill, 2023, passed by Rajya Sabha two days ago, should be struck down as it severely imperils the independence the Election Commission.“We have to now see how this bill becomes an act and I am certain that it...
ED Needn't Give Reasons In Writing To Accused At Time Of Arrest, Can Give Within 24 Hrs; 'Pankaj Bansal' Doesn't Apply Retrospectively: Supreme Court
The Supreme Court on Friday (December 15) held that its judgment in Pankaj Bansal v. Union of India which held that the Directorate of Enforcement (ED) must furnish the grounds of arrest to the accused in writing does not apply retrospectively.A bench comprising Justices Bela M Trivedi and Satish Chandra Sharma held that non-furnishing of grounds of arrest till the date of pronouncement in...
Supreme Court Stays Felling Of Trees In Pune's Ganeshkhind Road Till Dec 21; Asks Appellant To Approach Bombay HC
The Supreme Court on Friday stayed till December 21 the felling of trees for the widening of Gansehkhind Road in Pune to enable the petitioners challenging the action of the Pune Municipal Corporation to approach the Bombay High Court.A bench comprising CJI DY Chandrachud and Justices J.B. Pardiwala and Manoj Misra was hearing an appeal against the interim order of the Western Zone of...
Tribunal Cannot Direct Framing Of Policy By Government: Supreme Court Sets Aside AFT Direction On JAG
The Supreme Court on Thursday (14.12.2023) held that a Tribunal subject to the High Court's jurisdiction under Article 226, cannot be permitted by law, to direct the framing of a policy by the Government. A bench of Justice Abhay S Oka and Justice Sanjay Karol was considering whether the Armed Forces Tribunal (AFT) could have issued a direction to the Government to frame a policy for filling...
Courts Must Instantly Stop Onslaught On Media, Raids Due To Independent Reporting Illegal : Justice RF Nariman
Former Supreme Court judge Justice Rohinton Nariman said that the Courts must be vigilant to instantly stop the onslaught on the media. If raids are carried out against a media house because of some independent reporting done by it, then the Courts must declare such raids illegal and unconstitutonal on that ground alone, he said.If the media is not protected, then we are finished, the...