Supreme court
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...
Supreme Court Agrees Hear On March 24, The Plea Challenging Renaming Of Aurangabad To 'Chhatrapati Sambhajinagar'
A plea challenging the renaming of the city of Aurangabad to 'Chhatrapati Sambhajinagar' has been filed in the Supreme Court of India. The plea was mentioned by Advocate Fuzail Ayyubi before a bench comprising CJI DY Chandrachud, Justice PS Narasimha, and Justice JB Pardiwala. The plea challenges the approval granted by the Union of India and the State of Maharashtra to the letter of...
‘Can’t Allow Third Party To Challenge Bail Order’: Supreme Court Dismisses Plea Challenging Bail To Videocon Chairman Venugopal Dhoot
While noting that a third party could not be allowed to intervene into somebody's application for bail, the Supreme Court of India refused to entertain Ghanshyam Upadhyay's challenge to Bombay High Court's order granting interim bail to Videocon Group Chairman Venugopal Dhoot. The bench comprising CJI DY Chandrachud, Justice PS Narasimha, and Justice JB Pardiwala expressed its...
“Confession” And “Statement” Under Section 164 CrPC- Questions & Answers By Justice V. Ramkumar [Part-II]
Q.6 Can an accused on his own accord make a confession without being sponsored by the Police ?Ans. Yes. An accused himself can appear before a Judicial Magistrate for recording his confession. Such accused person is free to make a voluntary confession before the Magistrate and he need not be sponsored by the Police unlike in the case of a witness or victim. This is a Judge-made law. The...
‘Every PIL Is Not Bonafide’: Supreme Court Dismisses PIL Seeking Mechanism To Get Copies Of Petitions From Registry
In a PIL filed against the Supreme Court Registry because a party was not provided with the copy of petitions challenging the religious conversion laws, the Supreme Court bench comprising CJI DY Chandrachud, Justice PS Narasimha, and Justice JB Pardiwala, reprimanded the party stating that every PIL was not a bona fide PIL.The counsel for petitioner argued that there was no mechanism in place...
Religious Conversion Laws | Himachal Pradesh Re-enacted Provisions Which Have Already Been Struck Down: CJP Tells Supreme Court
In the batch of petitions challenging religious conversion laws in various States, Citizens for Justice and Peace (CJP) highlighted before the Supreme Court that the State of Himachal Pradesh had re-enacted provisions directing prior intimation to district magistrate before conversion, despite such provisions being already struck down in the judgement of Evangelical Fellowship of India v....