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GM Mustard Case | Justice Nagarathna Flays Failure To Make Biosafety Dossier Public, Says Right To Environmental Information Affected
Recently, Justice BV Nagarathna has upheld the right to a safe and healthy environment as a part of Article 21 by reiterating its existing jurisprudence, including in Virender Gaur vs State of Haryana (1995), where the right to life was expanded to include the hygienic environment as an integral facet of the right to a healthy life and which puts a duty on the State to maintain...
Supreme Court Criticizes Maharashtra Govt For Allocating Notified Forest Land As Compensation For Illegal Property Acquisition
While hearing the TN Godavarman case, an omnibus forest protection matter, the Supreme Court recently pulled up Maharashtra state authorities for allotting a notified forest land to a person as compensation for illegally taking away another property of his. Taking note of the fact that the applicant succeeded in all litigations against the state upto the Supreme Court, and the alternate...
357 High Court Judge Posts Vacant; 219 Proposals From HC Collegiums Being Processed: Union Law Ministry In Rajya Sabha
Responding to a question tabled in the Rajya Sabha, the Union Ministry of Law and Justice today stated that as of July 19, 2024, against the sanctioned strength of 1114 Judges in various High Courts, 757 Judges are working (approx 68%) and 357 posts of Judges are vacant (approx 32%).In comparison, in December last year, there were 324 vacancies out of the same sanctioned strength of 1,114...
S.164(2) Of Companies Act 2013 Has No Retrospective Application Before 2014-15 FY : Supreme Court's Prima Facie View
The Supreme Court has expressed prima facie agreement with a judgment of the Allahabad High Court that Section 164(2) of the Companies Act 2013, which provides for the disqualification of directors (for five years) due to non-filing of balance sheets and annual returns for any continuous period of three financial years, has no retrospective application to the periods preceding Financial...
Automatic Vacation Of Stay Invalid In Pending Trials After Overruling Of 'Asian Resurfacing' Judgment : Supreme Court
Interpreting its decision in High Court Bar Association, Allahabad v. State of U.P. & Ors., which overruled the 2018 judgment in Asian Resurfacing, the Supreme Court has held that if an interim protection order passed by a High Court stood automatically vacated pursuant to Asian Resurfacing but the trial has not been concluded, the vacation of stay shall be invalid and inoperative from...
Kamlesh Tiwari Murder Case : Supreme Court Grants Bail To Alleged Conspirator
The Supreme Court recently granted bail to a man who was accused as a conspirator behind the murder of Hindu Samaj Party leader Kamlesh Tiwari in 2019. The Bench of Justices Abhay S Oka and Augustine George Masih observed that the accused has already been incarcerated for more than 4½ years. Apart from this, the Bench also took into account the allegations imputed against...
J&K CCE 2023 | CAT Srinagar Orders PSC To Produce Results Of Provisionally Allowed Candidates In Sealed Cover
In a fresh development regarding the J&K Combined Competitive (Mains) Examination, 2023, the Central Administrative Tribunal (CAT) Srinagar, comprising members Prasant Kumar (Member A) and M.S. Latif (Member J), has directed the Jammu and Kashmir Public Service Commission (JKPSC) to present the results of provisionally allowed candidates in a sealed cover before the court.After hearing...
IBC | CIRP Of Holding Company Cannot Include Subsidiary's Assets: Supreme Court
The Supreme Court on Monday (July 23) held that a holding company is not the owner of its subsidiary's assets and thus, subsidiary assets cannot be included in the holding company's resolution plan.A bench of Justice Abhay Oka and Justice Pankaj Mithal dismissed an appeal filed by a Successful Resolution Applicant of a Corporate Guarantor against NCLT's decision to admit Financial...
'Dishonest, Misleading': SEBI Rejects Defence And Mandates Disclosure, Shareholder Approval For Material Related Party Transactions
The Securities and Exchange Board of India (SEBI) has issued a final order concerning Linde India Limited (LIL) and its related party transactions (RPTs) with Praxair India Pvt Ltd (PIPL) and Linde South Asia Services Pvt Ltd (LSASPL). The decision follows exchange between SEBI and LIL which began after SEBI's interim order on April 29, 2024 that questioned the legitimacy of...
SEBI Fines IFGL Rs. 4 Lakh For Regulatory Breaches And Deficient Investor Grievance System
The Securities and Exchange Board of India (SEBI) has fined Delhi-based Indian Finance Guaranty Ltd (IFGL) Rs. 4 lakh for failing to meet regulatory standards particularly in relation to its investor grievance system. SEBI conducted an inspection of IFGL which uncovered regulatory breaches. The primary issues identified included IFGL's engagement in fund-based activities and...
Supreme Court Collegium Recommends One-Year Extension For Nine Additional Judges Of Calcutta High Court
The Supreme Court Collegium has recommended an extension of tenure by one year for nine additional judges of the Calcutta High Court.The Collegium comprising CJI DY Chandrachud and Justices Sanjiv Khanna and BR Gavai has recommended the names of the following additional judges for extension of tenure:Justices (i) Biswaroop Chowdhury, (ii) Partha Sarathi Sen, (iii) Prasenjit Biswas, (iv)...