Supreme court
WB Registration Act | Registrar Cannot Exercise Power Of Substantive Review While Cancelling Society's Registration : Supreme Court
The Supreme Court has upheld the decision of the Calcutta High Court where it was held that the Registrar of Society can only cancel registration granted to a society under the West Bengal Registration Act, 1961, by exercising a power of procedural review. The High Court was of the view that there is a vital difference between a power of substantive review and procedural review, and the...
Criminal Liability Of Transferee Company For Acts Of Transferor Company After Amalgamation : Supreme Court Explains
The Supreme Court recently(11 Sep) emphasized that a company's criminal responsibility is recognized when it can be attributed to the actions of individual employees, directors, or officials. This approach aligns with previous legal precedents, including cases such as Tesco, Meridian Global Funds, Standard Chartered Bank, and Iridium, where corporate criminal liability was recognized based...
Lack Of Positive Viscera Report Not Conclusive Proof That Victim Didn’t Die Of Poisoning: Supreme Court Upholds Conviction In Dowry Death Case
The Supreme Court recently upheld the conviction of the appellants in a dowry death case, despite the absence of a positive viscera report. The case revolved around the death of Tuli Shah, who allegedly committed suicide due to harassment for dowry.The Court observed “Thus, the absence of detection of poison in the viscera report alone need not be treated as conclusive proof of the fact...
Sedition Law Challenge | Supreme Court Says 1962 Kedar Nath Singh Decision Didn't Consider Article 14 Aspect
In its recent order referring the batch of petitions challenging the constitutional validity of Sedition law under Section 124A of the Indian Penal Code to a bench of at-least five judges, the Supreme Court noted that the judgement in Kedar Nath Singh v. State of Bihar (1962), which had upheld the provisions of Section 124A, had not considered the aspect of Articles 14 of the Constitution in...
IBC | Cannot Ask Successful Resolution Applicant To Pay Arrears Payable By Corporate Debtor For Grant/Restoration Of Electricity Connection: Supreme Court
The Supreme Court has held that under the Insolvency and Bankruptcy Code, 2016 (“IBC”), once the Resolution Plan stands approved by the National Company Law Tribunal (NCLT), the Electricity Department cannot demand payment of arrears, which were payable by the Corporate Debtor, from the Successful Resolution Applicant for restoration/grant of electricity connection. The Bench...
Are Civilian Employees Of Armed Forces Unit Run Canteens Government Servants? Supreme Court Refers To Larger Bench
The Supreme Court on Thursday(Sep 14) referred a significant case regarding the employment status of civilian employees working in Unit Run Canteens (URCs) within the Armed Forces to a larger bench. This decision comes in light of conflicting judgments in previous cases, specifically the Mohd. Aslam (2001) and R.R. Pillai's case (2009). In ‘Union of India vs. Mohd Aslam’ reported in [2001]...
UGC Pay Scale: Supreme Court Grants Benefit Of Revised Pay Scale To Two Physical Instructors Despite Subsequent Karnataka G.O Denying Benefit
The Supreme Court on Wednesday (13.09.203) granted the benefit of revised UGC pay scale as per a 1999 Karnataka Government Order (G.O) to two Physical Education instructors with retrospective effect from 1st January 1996, despite a 2008 G.O that stated that the revised UGC pay scale was to be notionally extended from 27th July 1998. The Apex Court extended such benefit to...
BREAKING | Bar Council Of India Offers To Hold CLAT, Says NLU Consortium Is A Non-Statutory Body
The Bar Council of India on Friday offered to conduct the Common Law Entrance Test (CLAT) for admissions to law schools. The apex lawyers' body said it has mechanism to conduct CLAT in multiple regional languages, as it did for AIBE (All India Bar Examination).The exam is currently conducted by the Consortium of NLUs on rotational basis. BCI said this arrangement amongst the national...
Prepared Platform To Assess Top 50 Judges Of Country Who Would Be Considered For Elevation To Supreme Court : CJI DY Chandrachud
Chief Justice of India, DY Chandrachud on Friday said that steps are being taken to bring more transparency into the collegium system. “The idea is to make the process of recommending appointments to the Supreme Court more transparent. Not by sharing our discussions in the public realm, which we obviously cannot do. But by laying down objective parameters for selection to the Supreme...
Supreme Court Seeks Report From NALSA On Implementation Of Women’s Integrated Help System
Today, a Division Bench of the Supreme Court called for a report from National Legal Services Authority (NALSA) in a Public Interest Litigation (PIL) seeking a direction for the implementation of the NALSA women’s integrated help system (NWIHS-181/15100) in all States and Union Territories. NWIHS-181/15100 is a technology integrated system of 181 women helpline and NALSA legal Aid...
MMDR Act - Supreme Court Explains Exceptions To Sec 10A(1) Which Makes Mining Lease Applications Received Before 12.01.2015 Ineligible
The Supreme Court has elucidated the exceptions applicable to Section 10-A (1) of the Mines and Minerals (Development and Regulation) Act, 1957 (MMDR Act), which provides that all applications received for grant of mining lease prior to 12.01.2015, shall become ineligible. The court remarked that the object and purpose of the Mines and Minerals (Development and Regulation) Amendment Act, 2015...
Supreme Court Refuses To Quash FIR Against UP Congress Leader Over Alleged 'Modi-Adani Love Affair’ Remark
Recently, the Supreme Court dismissed a petition filed by the Secretary of UP Youth Congress, Sachin Chaudhary, seeking to quash an FIR over his alleged remark that Prime Minister of India Narendra Modi was in a "love affair" with Industrialist, founder and chairman of Adani Group, Gautam Adani.The Bench comprising Justices Aniruddha Bose and Bela M. Trivedi, while delving into the...