Supreme court
Supreme Court Weekly Digest (13th March 2023-19th March 2023)
With another week gone at Supreme Court of India, Live Law is back with its Supreme Court Weekly Digest to keep our readers up to date with the latest legal developments in the Apex court of the country. Judgements/OrdersDistrict Judges Appointment - Only 10% Posts Can Be Filled Through Limited Competitive Examination : Supreme CourtCase Title: Rajendra Kumar Shrivas v. State of Madhya...
'Sealed Cover Procedure Fundamentally Against Judicial Process, Want To End It' : Supreme Court To Centre In OROP Case
The Supreme Court on Monday refused to accept the sealed cover note submitted by the Central Government in the matter relating to disbursal of pension arrears to retired defence personnel under the One Rank One Pension (OROP) scheme.On the previous occasions, the Defence Ministry had come under the fire of the Supreme Court for not adhering to the timelines for disbursing the OROP...
Supreme Court To Hear Plea Challenging Board Exams For Classes 5 & 8 In Karnataka On March 27
The Supreme Court on Monday agreed to hear next Monday (March 27) a petition challenging the holding of board examination for students of Standards 5 and 8th in schools affiliated to the Karnataka state board.The petition has been moved by the associations of unaided private schools against the order passed by a division bench of the Karnataka High Court on March 15 which allowed the holding...
'Foreign Lawyers Entry' Rules Should Be Welcomed In 'National Interest', It Won't Affect Advocates Practicing In India: BCI
Regarding its recent decision to permit foreign lawyers and law firms to practice foreign law in India on a reciprocity basis, the Bar Council Of India today issued a press release putting out some clarification in an attempt to put to rest certain 'misapprehension' and 'misinformation' surrounding the same.It has categorically stated that the rules allowing foreign lawyers entry into India...
Arbitrator Can Award Pendente Lite Interest If There Is No Bar Under Contract : Supreme Court
The Supreme Court recently reiterated that unless there is a specific bar under the contract, it is always open for the Arbitrator to award pendente lite interest in view of Section 31(7)(a) of the Arbitration and Conciliation Act 1996.The Court also set aside orders passed by High Court, for having exceeded its jurisdiction under Section 34 of the Arbitration and Conciliation Act, 1996...
Poor Line Mazdoor Dismissed From Service For Prolonged Absence, Supreme Court Invokes Article 142 To Impose A Lesser Penalty
The Supreme Court has invoked Article 142 of the Constitution to protect the interest of a poor line mazdoor, who was dismissed from service due to prolonged absence.The Bench comprising of Justice V. Ramasubramanian and Justice Pankaj Mithal, while adjudicating an appeal filed in The Eastern Coalfields Limited and Others v Ajit Mondal & Others, has substituted the penalty of dismissal...
Rehabilitation Scheme Under SICA Binds All Creditors; Dues Can't Be Recovered Post Revival Of Sick Company : Supreme Court
The Supreme Court has held that the rehabilitation scheme under Section 18 of the SICA, 1985 shall bind all the creditors including the unsecured creditors.The Bench comprising of Justice M.R. Shah and Justice Sudhanshu Dhulia, while adjudicating an appeal filed in Modi Rubber Limited v Continental Carbon India Ltd., has set aside a High Court which granted liberty to creditors to reject...
Community Certificate Verification Must Be Completed Expeditiously; Shouldn't Be Cancelled Ex-Parte Except In Most Exceptional Circumstances: Supreme Court
The Supreme Court has observed that the proceedings questioning the caste certificate of an employee, except in the most exceptional circumstances, can’t be conducted ex-parte. The bench of Justices Aniruddha Bose and Krishna Murari further observed that in the proceedings where the genuineness of an employee belonging to a certain community is under consideration, the question...
'Bail Can Be Cancelled If Serious Offences Are Subsequently Added To FIR' : Supreme Court Sets Aside Bail In 'Casting Couch' Case
The Supreme Court has reiterated that subsequent addition of more serious offences to the FIR can be a circumstance for a Court to cancel the bail granted by it."Addition of a serious offence can be a circumstance where a Court can direct that the accused be arrested and committed to custody even though an order of bail was earlier granted in his favour in respect of the offences with which...
Should A Judgment Be Reviewed Because It Followed A Precedent Which Was Later Overruled? Supreme Court Bench Delivers Split Verdict
A Division Bench of the Supreme Court, on Friday, took a divergent view on the scope of review, when the judgment relied on in the impugned order and all subsequent judgment that followed it is eventually overruled by a superior court.While Justice MR Shah allowed the review petitions, Justice BV Nagarathna opined that they are not maintainable and are in the teeth of the Explanation to...
Some Retired Judges Are 'Anti-India' And Trying To Make Judiciary Play The Role of Opposition Party: Law Minister Kiren Rijiju
Union law minister Kiren Rijiju on Saturday accused a handful of retired ‘activist’ judges of trying to make the judiciary play the role of an opposition party, even to the extent of “going to the court and asking it to reign in the government”. “How can they ask the Indian judiciary to take the government head-on? What kind of propaganda is this?” Rijiju asked. In a likely...
Absolutely No Pressure From Executive To Judges: CJI DY Chandrachud
On Saturday, the Chief Justice of India, DY Chandrachud, participated as a speaker at the India Today Conclave on ‘Justice in the Balance: My idea of India and the importance of separation of powers in a democracy’. He particularly engaged in discussions on Constitutional democracy. This is the first time a sitting Chief Justice of India has agreed to take live question in the...