Top Three News
Sec 120B IPC - Not Safe To Convict A Person For Criminal Conspiracy In Absence Of Evidence Showing Meeting Of Minds : Supreme Court
The Supreme Court has observed that in absence of any evidence to show meeting of minds between the conspirators for the intended object of committing an illegal act, it is not safe to hold a person guilty for offences under Section 120-B of IPC.The bench of Justices R Subhash Reddy and Hrishikesh Roy was considering a criminal appeal against the judgement dated March 17, 2020, passed by...
Article 233- Judicial Officers Can't Apply & Compete For Direct Recruitment To Post Of District Judges: Allahabad High Court
The Allahabad High Court recently held that under Article 233 of the Constitution of India, a Judicial Officer, regardless of his or her previous experience, as an Advocate with 7 years practice, cannot apply and compete for appointment to any vacancy in the post of District Judge.The Bench of Justice Ashutosh Srivastava and Justice Pritinker Diwaker further clarified that his or her...
NCDRC Can Direct Deposit Of Entire Or More Than 50% Of Amount Determined By SCDRC For Stay : Supreme Court
In a significant judgment on the Consumer Protection Act 2019, the Supreme Court on Tuesday held that the National Consumer Disputes Redressal Commission(NCDRC) can direct the deposit of the entire amount or more than 50% of the amount determined by the State Consumer Disputes Redressal Commission for conditional stay.The Court added that however to pass such an order, the NCDRC has to pass...
Supreme Court Dismisses NIA's Plea Challenging Default Bail To Sudha Bharadwaj In Bhima Koregaon Case
The Supreme Court on Tuesday dismissed the petition filed by the National Investigation Agency challenging the default bail granted to lawyer-activist Sudha Bharadwaj by the Bombay High Court on December 1, after over three years of her arrest in the Bhima Koregaon case.A Bench comprising Justice UU Lalit, Justice Ravindra Bhat and Justice Bela Trivedi observed that there was no reason...
Madras High Court Orders Winding Up Of SpiceJet Ltd, Official Liquidator To Take Over The Company Assets
The Madras High Court has ordered that SpiceJet Limited must be wound up and the assets must be taken over by the official liquidator on the grounds of proved inability of the Airlines to repay its debts. Justice R. Subramanian was adjudicating a company petition filed by Credit Suisse AG, a Switzerland based Stock Corporation and a creditor, who alleged inability on the part of...
Supreme Court Pulls Up States Over Laxity In Processing COVID Death Compensation Claims; Directs Them To Give Wide Publicity For Scheme
The Supreme Court on Monday expressed concern regarding the lackadaisical attitude of some of the States in disbursal of the ex-gratia compensation to the family of COVID victims in compliance with the slew of directions issued by the Apex Court on 4th October, 2021. On perusal of the affidavit/status reports filed by the States, a Bench comprising Justices MR Shah and BV Nagarathna...
Supreme Court Stays 27% OBC Reservation In Maharashtra Local Body Elections
The Supreme Court on Monday stayed the 27% reservation for the Other Backward Classes in the local body elections until further orders.A bench comprising Justices AM Khanwilkar and CT Ravikumar passed the order in writ petitions filed challenging the Maharashtra Ordinance which introduced 27% OBC quota in the local body elections and the consequent notifications issued by the State...
Explained : Does AFSPA Give Total Immunity To Armed Forces For Killing Civilians?
The death of at least 14 civilians in Nagaland on Saturday evening as a result of the action of the Armed Forces has brought back into focus the controversial Armed Forces (Special Powers) Act, 1958. The Act which came into force in the context of insurgency in the Northeastern States decades ago provides "special power" to the Armed Forces applies to the Army, the Air Force and the...
SARFAESI Proceedings Not Invalidated On Mere Failure Of Bank In Giving Reply To Objections If Borrower's Proposals Were Otherwise Considered : Supreme Court
The Supreme Court held that failure to furnish reply by the creditor as per the mandate of Section 13(3A) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act) would not entitle the debtor of discretionary relief, if the Court is satisfied that the creditor has considered the debtor's representation and...
'Distressing That All 5 DRATs Are Non-Functional' : Bombay HC Issues Suo Motu Directions For Stay Of DRT Orders From Maharashtra
"The situation is distressing to say the least," the Bombay High Court observed about all five Debt Recovery Appellate Tribunal (DRAT) in the country lying vacant and issued "suo motu" directions for litigants of DRAT (Mumbai). "The net result of such vacancies is that the rights of parties to have access to justice by approaching the DRATs have been abrogated..," the court said....
Builder Can't Be Asked To Raze Down Validly Constructed Structures Due To Later Changes In Environmental Clearance Law : Supreme Court
"A Project Proponent is not expected to anticipate the changes in EC regimes, especially as a result of judicial interventions, and keep revisiting the sanctioned clearances by the competent authority or even raze down validly constructed structures"