Supreme court
'No Equality In Matter Of Illegality' : Supreme Court Denies Relief To School Teacher Dismissed For Degree Through Distance Education
Denying relief to a school teacher who was dismissed from service as his Bachelor degree was secured through distance education, the Supreme Court has once again stated that there can’t be equality in a matter of illegality.A Bench of Justices V Ramasubramanian and Pankaj Mithal opined that the Apex Court had already settled the issue of eligibility of persons holding a Bachelor degree...
IBC | Section 9 Petition Not To Be Dismissed If Few Invoices Are Time Barred But Remaining Invoices Are Not ; Supreme Court
The Supreme Court Bench comprising of Justice M.R. Shah and Justice C.T. Ravikumar while adjudicating an appeal filed in M/S Next Education India Pvt. Ltd. v M/S K12 Techno Services Pvt. Ltd., has held that when a petition under Section 9 of IBC is filed based on several invoices and some of the invoices are time barred, then NCLT must consider the remaining invoices which are...
Supreme Court Asks Allahabad HC To Take Up Abdullah Azam Khan’s Plea To Stay Conviction On "Highest Priority"
The Supreme Court on Wednesday asked the Allahabad High Court to hear the application moved by the recently disqualified MLA Abdullah Azam Khan seeking a stay on conviction in a 15-year-old case. The Court said that Khan's application be "accorded with the highest priority and be disposed of".Khan had been disqualified from Uttar Pradesh Legislative Assembly two days after he was convicted...
National Security Concerns Won't Absolutely Abrogate Principles Of Natural Justice; No Blanket Immunity For IB Reports : Supreme Court
In a significant judgment boosting the interests of transparency, the Supreme Court held that the State cannot claim absolute immunity from disclosure of materials by merely claiming that they are related to national security.Quashing the decision of the Ministry of Information and Broadcasting to refuse renewal of telecast license for the Malayalam news channel MediaOne, a bench comprising...
Supreme Court Refuses To Entertain Another Challenge Against Renaming Aurangabad As Bombay HC Is Hearing Similar Plea
The Supreme Court of India on Wednesday refused to entertain a petition challenging the Maharashtra government’s decision to rename Aurangabad city as ‘Chhatrapati Sambhajinagar’ as a similar matter is pending before the Bombay High Court.A bench of Chief Justice DY Chandrachud and JB Pardiwala pronounced, “The Bombay High Court is currently seized of the proceedings which...
[Order 17 Rule 3 CPC] Suit Can Be Decided On Merit If There Is Some Material, Though It May Not Be Strictly "Evidence" : Supreme Court
Recently, the Supreme Court held that the Court can decide a suit on merit under Order 17 Rule 3 Code of Civil Procedure if there is some material for deciding on merit, even though the material may not be technically interpreted as evidence. It clarified that the decision can be based on pleadings, documents and burden of proof. However, it observed that the Court should indicate if the...
Power To Transfer Cases To Be Used Sparingly; May Cast Unnecessary Aspersions On State Judiciary & Prosecution Agency: Supreme Court
While considering a plea seeking transfer of a criminal trial, the Supreme Court recently reiterated the conditions pre-requisite for a transfer.A bench of Justices Surya Kant and JK Maheshwari opined that the power of transfer under Section 406, Code of Criminal Procedure is to be exercised sparingly and only when justice is apparently in grave peril. “This Court has allowed transfers only...
Supreme Court Stays Notification Cancelling Nagaland Local Body Polls; Issues Contempt Notice To State, SEC
The Supreme Court, on Wednesday, issued notice in a contempt plea alleging non-compliance of the order of the Apex Court directing the State Government and the Nagaland State Election Commission to hold local body election in Nagaland. Notice was issued to both the State Government and the State Election Commission. The Court directed them to file their response within a week’s time....
Supreme Court Requests Delhi HC To Decide Plea To Allow Namaz In A Mosque Outside Qutub Enclave 'As Soon As Possible'
The Supreme Court, on Wednesday, refused to entertain a plea seeking permission to perform namaz in a mosque, which is situated inside the Qutub Minar complex, but outside the Qutub enclave. However, considering that the issue is already before the Delhi High Court, the Apex Court requested it to consider the petition expeditiously.“We do not find any good ground to interfere in the...
"Politicians Can't Claim Higher Immunity" : Supreme Court Refuses To Entertain Plea Of 14 Opposition Parties Against 'Misuse' Of CBI & ED
The Supreme Court on Wednesday refused to entertain a petition filed by fourteen political parties alleging that central investigating agencies such as the Directorate of Enforcement (ED) and the Central Bureau of Investigation (CBI) are being weaponised by the Union Government to clamp down on dissent by arresting opposition leaders. A division bench of Chief Justice DY Chandrachud and...
'Sealed Cover Procedure Infringes Open Justice' : Supreme Court Devises 'Public Interest Immunity Claim Procedure' As Alternative
Sealed cover procedure infringes the principles of natural justice and open justice, the Supreme Court said today while allowing Malayalam news channel MediaOne's plea against the telecast ban imposed on it by the Central government.In this case, the channel was kept in the dark about the reasons for withholding security clearance, which were informed to the High Court by the Ministry of...
Lawyers Free To Appear Online In View Of Rising COVID Cases : CJI DY Chandrachud
Chief Justice of India DY Chandrachud on Wednesday said that lawyers are free to appear virtually in view of the rising COVID cases."We saw newspaper reports on rising COVID cases. Lawyers can use hybrid mode. If you choose to appear online, we will hear you. The hybrid mode is on and I see many lawyers who are appearing online. So please feel free to", CJI Chandrachud...