Compliance Of An Order Under Threat Of Contempt Cannot Take Away Party's Right To Challenge That Order: Supreme Court

The Supreme Court, through its order dated July 19, reiterated that the compliance of an order under threat of contempt cannot take away the right of the party to challenge the same order. “This Court made it clear that compliance of an order under threat cannot take away the right of a party as available to challenge the same, in law (See the decision of this Court in Subodh...

Supreme Court Weekly Round-Up (22 July-27 July, 2024)

With another week gone at the Supreme Court of India, Live Law is back with its Supreme Court Weekly Digest to provide you with the latest judgments pronounced this week, including on the cases pertaining to genetically modified mustard and States' power to levy tax on mineral rights. This digest also aims to inform you about the latest orders and public interest litigation (PILs) filed in...

Supreme Court Weekly Digest With Subject /Statute Wise Index [July 1 to 9]

Citations 2024 LiveLaw (SC) 435 to 2024 LiveLaw (SC) 450Advocate Every advocate is expected to come to the Court in proper attire as per the Rules and behave in the Court. (Para 7) Bijon Kumar Mahajan v. State of Assam, 2024 LiveLaw (SC) 449All India Tourist Vehicles (Permit) Rules, 2023Object – The 2023 Rules have primarily two objects: Firstly, to make the movement of such tourist...

Benefits Of Regularisation Policy Must Be Equally Granted To All Eligible Employees: Supreme Court

The Supreme Court on Monday (July 22) observed that while daily wage employees do not have a legally vested right to seek regularisation, benefits of any policy decision for regularization taken by the competent authority must be extended to all eligible individuals.A bench of Justice Surya Kant and Justice Ujjal Bhuyan upheld MP High Court's order directing the regularisation of appointment of...

Pollution Under Control(PUC) Certificate Not Mandatory For Third Party Insurance : Supreme Court Recalls 2017 Direction

The Supreme Court removed the condition it had imposed by an order dated August 10, 2017, that required a Pollution Under Control (PUC) certificate as a prerequisite for availing third-party insurance for vehicles.The bench comprising Justice AS Oka and AG Masih allowed an application filed by the General Insurance Council, which highlighted concerns about the 2017 order.Solicitor General...

Arbitration| Judge Hearing Sec.34 Application Must Apply Mind To Grounds Of Challenge: Supreme Court

The Supreme Court on Friday (July 26) stressed fon the need for High Courts to ensure that orders dealing with challenges to arbitral awards precisely reflect adequate application of judicial mind on the merits of the case. The Bench of CJI DY Chandrachud and Justices JB Pardiwala and Manoj Misra was hearing a challenge to the order of the Division Bench of Delhi High Court which has set...

Requirement That Judicial Officers Must Be Adept At Local Language Is Valid : Supreme Court

The Supreme Court on Friday approved the requirements in various States that persons seeking appointment as judicial officers should be conversant with the local language.A bench comprising Chief Justice of India DY Chandrachud, Justices JB Pardiwala and Manoj Misra dismissed a petition challenging the condition imposed by the Public Service Commissions of the States of Punjab,...

Partition Of Property By Metes & Bounds Not Permissible In Chandigarh; Only Solution Sale By Way Of Auction : Supreme Court

The Supreme Court recently reiterated that there can't be partition of property by metes and bounds at Chandigarh. Hence, the only resolution in a suit seeking partition of joint property is sale by way of auction.The prohibition on partition by metes and bounds is due to the Chandigarh (Sale of Sites and Buildings) Rules, 1960. Interpreting the 1960 Rules, the Supreme Court in Residents...

NGT Has Duty To Ensure Environmental Clearance Is Lawfully Granted : Supreme Court

The Supreme Court on Thursday (July 25) set aside the National Green Tribunal's (NGT) order that permitted the establishment of a Common Biomedical Waste Treatment Facility (CBWTF) in Azamgarh District, Uttar Pradesh.A bench of Justice Abhay Oka, Justice Prashant Mishra, and Justice AG Masih reinstated a plea before NGT which challenged the environmental clearance for the CBWTF on the ground...

Regular Entries In 7th Schedule Of Constitution Can't Be Given Wider Interpretation To Include Taxation Powers : Supreme Court

The Supreme Court has recently held that regular entries under List I and II of the 7th Schedule of the Constitution cannot be given a wider interpretation to include taxation powers which are covered under the domain of specific tax entries under the 7th Schedule. The 9 Judge Constitution Bench led by CJI DY Chandrachud observed this while holding that States have the power to levy tax...

Supreme Court Sets Aside Murder Conviction Of Man Jailed For Nine Years, Justice Oka Laments Systemic Delays

The Supreme Court today (July 25) acquitted a man convicted for the murder of his wife based on circumstantial evidence of last seen theory observing that the prosecution failed to prove that he was the last person seen with his wife when she was alive.After dictating the order, Justice Abhay Oka highlighted that the man has been incarcerated for nine years and remarked, “This is the problem...

S. 143A NI Act | Company's Authorized Signatory Not 'Drawer' Of Cheque, Can't Be Directed To Pay Interim Compensation: Supreme Court

The Supreme Court held that an authorized signatory of the company could not be considered as a 'drawer' of cheque, and therefore, could not be directed to pay the interim compensation to the complainant under Section 143A of the Negotiable Instruments Act of 1881 (“NI Act”)."Authorized signatories act on behalf of the company but do not assume the company's legal identity. This...