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...

'High Time We Start Live-Streaming; Let Us Have Transparency' : Justice AS Oka

"Once there is live-streaming, everybody will know how the courts are being conducted, how the lawyers are arguing", Justice Oka said

'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"

Right Against Sexual Harassment Part Of Right To Life & Dignity Under Article 21 : Supreme Court

The Supreme Court on Friday observed that the right against sexual harassment is vested in all persons as a part of their right to life and right to dignity under Article 21 of the Constitution. The Court stressed that it is important that that the spirit of this right is upheld instead of rejecting sexual harassment complaints on "hyper-technical" grounds.The Court highlighted that the...

Expert Advice Based On Scientific Study Cannot Be Substituted By A Judgment Of Constitutional Courts: Kerala HC While Upholding 84 Days Dose Interval For Covishield

Reversing a Single Judge decision, the Kerala High Court on Friday delivered a significant decision ruling that the second dose of the COVISHIELD vaccine can only be administered after the prescribed dose interval of 84 days. In its 94-paged judgment, a Division Bench of Chief Justice S Manikumar and Justice Shaji P Chaly has elaborated on why the decision of the Centre to decline relaxation...

Section 138 NI Act Attracted Even In Cases Where Debt Is Incurred After Cheque Is Drawn But Before Presentation: Supreme Court

"Merely labelling the cheque as a security would not obviate its character as an instrument designed to meet a legally enforceable debt or liability."