‘Can’t Regulate Political Alliances’: ECI To Delhi High Court In PIL Against Use Of Acronym ‘INDIA’ By Opposition Parties

While refusing to comment on the controversy involving the use of acronym I.N.D.I.A (Indian National Developmental Inclusive Alliance) by newly formed alliance of 26 opposition political parties, the Election Commission of India has told the Delhi High Court that it cannot regulate political alliances under the Representation of People Act, 1951. “That the Answering Respondent [ECI] has...

Decide Disqualification Petitions Over Shiv Sena Rift By Dec 31; NCP Case By Jan 31 : Supreme Court Directs Maharashtra Speaker

The Supreme Court on Monday (October 30) directed the Maharashtra Legislative Assembly Speaker to decide the disqualification petitions filed in relation to Shiv Sena rift and the Nationalist Congress Party rift by December 31, 2023 and January 31, 2024 respectively.The bench led by Chief Justice of India DY Chandrachud was hearing the writ petitions filed by Sunil Prabhu, member of Shiv...

NCLAT Judicial Member Facing Supreme Court's Contempt Notice Resigns; SC Slams Tribunal For Defying Its Direction

In the order, the Supreme Court reminded all Courts and Tribunals that its directions are binding on them.

Supreme Court Denies Bail To Former Delhi Dy CM Manish Sisodia In Delhi Excise Policy Scam Case; Directs To Fast Track Trial

The Supreme Court on Monday (October 30) refused to grant bail to former Delhi Deputy Chief Minister Manish Sisodia who is facing money laundering and corruption charges over alleged irregularities in the framing and implementation of a now-scrapped liquor policy in the national capital. The Aam Aadmi Party (AAP) leader has been in custody since February of this year and is being investigated...

Citizens Don't Have Right To Know Source Of Political Parties' Funds : Attorney General Tells Supreme Court In Electoral Bonds Case

Attorney General for India, R Venkataramani, in a statement filed before the Supreme Court in the electoral bonds case, has submitted that the citizens do not have the right to information under Article 19(1)(a) of the Constitution regarding the funding of a political party.The AG refuted the argument of the petitioners, who challenge the electoral bonds scheme, that citizens have the right...

Limitation For Specific Performance Suit Runs From Date When Plaintiff Had Notice Of Refusal When No Date Is Fixed For Performance : Supreme Court

The Supreme Court, while dismissing a suit, arising from an Agreement to Sell (ATS), noted that while the ATS was dated 31.07.1975, the suit was filed by the respondent named Anjuman (now represented through legal heirs) on 01.01.1981. Further, the limitation for filing a suit for specific performance, as per Article 54 of the Schedule to the Limitation Act, 1963 is 3 years ‘from the date...

Requirement For Disclosures In Criminal Trial Can't Step Over Right To Privacy : Supreme Court Acquits Woman Accused Of Killing Newborn

The trial court's verdict "reinforces cultural stereotypes and gendered identities", the Supreme Court said.

Supreme Court Weekly Digest [September 18 – 24, 2023]

Citations: 2023 LiveLaw (SC) 800 To 2023 LiveLaw (SC) 821SUBJECT WISE INDEXArbitrationThe Supreme Court explains scope of judicial interference in arbitral awards. Batliboi Environmental Engineers v. Hindustan Petroleum Corporation, 2023 LiveLaw (SC) 817 : 2023 INSC 850Civil LawIn the second appeal, the High Court must frame a substantial question of law at the admission stage itself...

Supreme Court To Pronounce Judgment On Manish Sisodia'a Bail Applications On October 30

The Supreme Court will pronounce judgment on the bail applications filed by Aam Aadmi Party (AAP) leader and former Delhi Deputy Chief Minister Manish Sisodia in the Delhi liquor policy scam case on October 30.A bench comprising Justices Sanjiv Khanna and SVN Bhatti heard the bail applications filed by Sisodia in relation to the cases under the Prevention of Corruption Act and the Prevention...

Breaking Barriers : How Justice Ravindra Bhat Expanded Scope Of Disability Rights

Justice S Ravindra Bhat, who retired as a Supreme Court judge on October 20, has made immense contributions to the expansion of disability rights jurisprudence in our country. He has advanced a pragmatic and purposive interpretation of the statutory provisions to further inclusivity and accessibility for persons with disabilities in the public sphere.Even before his elevation to the Supreme Court, as a judge of the Delhi High Court, Justice Bhat had way back in 2016 pointed out certain...

Supreme Court Notifies 5-Judge Bench To Hear Electoral Bonds Case On October 31

A Constitution Bench of the Supreme Court will start hearing a batch of petitions challenging the Electoral Bonds scheme on October 31.The bench consists of Chief Justice of India DY Chandrachud, Justices Sanjiv Khanna, BR Gavai, JB Pardiwala and Manoj Misra. On October 16, a 3-judge bench comprising CJI, Justices JB Pardiwala and Manoj Mishra had referred the matter to a 5-judge bench "in...

To Hold A Medical Practitioner Liable For Negligence, A Higher Threshold Limit Must Be Met: Supreme Court

The Supreme Court, while hearing a set of appeals pertaining to the medical negligence matter, observed that to hold a medical practitioner liable for negligence, a higher threshold limit must be met. This is to ensure that these doctors are focused on deciding the best course of treatment as per their assessment rather than being concerned about possible persecution or harassment that they...