'Where Is The Prohibition?': Karnataka High Court Dismisses Plea Against Appointment Of Political Secretaries, Media Advisor To CM Siddaramiah

The Karnataka High Court today dismissed a Public Interest Litigation challenging the appointment of Political Secretaries and Media Advisor to Chief Minister Siddaramiah. A division bench of Chief Justice Prasanna B Varale and Justice Krishna S Dixit dismissed the petition filed by Advocate Umapathi S and said, “For reasons to be recorded separately, the petition is dismissed.”...

IBC - Liquidator Can't Cancel Valid Auction On Mere Expectation Of Fetching Higher Price; No Unfettered Discretion : Supreme Court

The Supreme Court on Wednesday held that even though the highest bidder in an auction sale under the Insolvency and Bankruptcy Code 2016 has no indefeasible right to demand acceptance of his bid, the liquidator, if such a bid is rejected must furnish reasons for the same in the rejection order. A division bench of Justice B V Nagarathna and Justice Ujjal Bhuyan held that the mere expectation...

Supreme Court Half Yearly Digest 2023 [Code of Criminal Procedure, 1973]

Code of Criminal Procedure, 1973 - Difference in the power of Police to register and investigate an FIR under Section 154(1) read with 157 of the Code, and the Magistrate’s direction to register an FIR under Section 156(3) of the Code. Power of the Magistrate to direct registration of an FIR under Section 156(3) in contrast with post-cognizance stage power under Section 202 of the Code...

Cheque Bounce Case Can Be Quashed U/S 482 Only If Amount Is Patently Non-Recoverable; Whether Debt Time-Barred Or Not Is A Question Of Evidence :SC

The Supreme Court observed that the question whether a cheque was issued towards a time barred debt is to be decided on evidence."It is only in cases wherein an amount which is out and out non-recoverable, towards which a cheque is issued, dishonoured and for recovery of which a criminal action is initiated, the question of threshold jurisdiction will arise. In such cases, the Court...

Provide Basic Facilities To Pilgrims At Maa Chhinnamastike Temple: Jharkhand High Court Issues Directions To District Admin

In a noteworthy decision, the Jharkhand High Court has issued a set of directives aimed at enhancing the facilities for pilgrims visiting the revered Maa Chhinnamastike Temple in Rajrappa, Jharkhand. The court's decision follows a Public Interest Litigation (PIL) filed by a devoted petitioner who sought improvements in the temple's amenities. The division bench of Chief Justice Sanjaya...

Ensure Advocates Representing State Are Paid In Time, Unfortunate That They've To Approach Court : Supreme Court To UP Govt

Court asked the UP Government to “set its house in order”.

Supreme Court Stays Disqualification Of Elected Members Of Anjuna Panchayat, Goa

The Supreme Court on Wednesday (September 6) stayed the disqualification of two elected members (Sarpanch and Ward member) of the Anjuna Panchayat, Goa. The Court, while issuing notice to the State Government of Goa, also restored the position of the sitting Sarpanch and Ward Member. The proceedings before BDO(Block Development Officer) who was given 15 days to decide as regards...

Supreme Court Adjourns Hearing Of Bihar Caste Survey Case Until October

The Supreme Court on Wednesday adjourned the hearing in a batch of pleas doubting the constitutionality of the caste-based survey conducted by the Bihar government last month. A bench of Justices Sanjiv Khanna and SVN Bhatti is hearing a plea by non-governmental organisations Youth for Equality and Ek Soch Ek Prayas against the decision of the Patna High Court to uphold the Bihar...

'Unprecedented' : Supreme Court Slams Ladakh Administration For Denying Symbol To JK National Conference In LAHDC-Kargil Elections

The Union Territory of Ladakh has come under the harsh criticism of the Supreme Court for denying the 'plough' symbol for the Jammu and Kashmir National Conference (JKNC) party in the upcoming Ladakh Autonomous Hill Development Council (LAHDC) election for the Kargil region.Noting that the plough symbol was reserved for JKNC by the Election Commission of India because of its status as...

Online Rummy : Supreme Court Stays Karnataka HC Judgment Which Held That Online Rummy Games Aren't Taxable As ‘Betting’ And ‘Gambling'

The Supreme Court, on Wednesday, stayed for three weeks the judgment of the Karnataka High Court which had quashed the GST Intimation Notice to the tune of Rs 21,000 crore and had held that online/electronic/digital Rummy games and other Online/Electronic/Digital games played on Gameskraft’s platforms are not taxable as "betting" and "gambling". A bench comprising CJI DY Chandrachud, Justice...

'One Can't Apply One Bail Order To All Subsequent Cases' : Supreme Court Refuses Bail In PACL Scam

The Supreme Court on Tuesday (05.09.2023) refused to grant bail to Gurmeet Singh and Subrata Bhattacharya, erstwhile directors of PACL (Pearls Agrotech Corporation Limited), a real estate company embroiled in a scam involving more than 40,000 crores that is said to have duped several investors across the country. A bench of Justice A S Bopanna and Justice M M Sundresh was...

Supreme Court Adjourns Hearing Of PIL Seeking EVM-VVPAT Tally, Says There Is No Urgency

The Supreme Court of India on Wednesday expressed doubts over a public interest litigation (PIL) petition asking for more extensive verification of electronic voting machine (EVM) data against voter-verifiable paper audit trail (VVPAT) records. The court also shared its misgivings about the multiplicity of fresh PILs seeking electoral reforms filed from time to time despite its...