Supreme court
Supreme Court Asks Why Should It Supervise Cheetah Introduction Program When Expert Bodies Are There
“We have become like micro-administrators,” the green bench of the Supreme Court said on Monday(March 13) while hearing an application moved by an expert committee constituted to “guide and direct” the National Tiger Conservation Authority with respect to India’s ambitious cheetah reintroduction programme. While hearing a plea to direct the statutory body to keep the...
Shiv Sena Case | Basic Principle Of Parliamentary Democracy Is That Govt Must Have House's Faith : Supreme Court To Uddhav Thackeray Side
A Constitution bench of the Supreme Court of India, on 16th March 2023, reserved its judgement in the batch of cases relating to the rift within the Shiv Sena party between Uddhav Thackeray and Eknath Shinde groups, which led to the change in the government in Maharashtra in July 2022. On the last day of the hearing, the bench comprising Chief Justice of India DY Chandrachud, Justice MR...
On SBI's Plea, Supreme Court Stays HC Order Allowing Director Of Company In Multi-Crore Loan Default To Travel Abroad
The Supreme Court on Thursday urgently heard a petition filed by the State Bank of India to stay an order passed by the Bombay High Court which allowed a loan defaulter to travel abroad.Solicitor General of India Tushar Mehta, appearing for the SBI, mentioned the matter before Chief Justice of India Chandrachud seeking urgent hearing, raising the apprehension that the person might become...
Shiv Sena Case | How Can Court Reinstate A CM Who Did Not Face Floor Test? Supreme Court Asks Uddhav Thackeray Side
On the final day of the hearings in matter pertaining to the rift in Shivsena party between the Uddhav Thackeray and the Eknath Shinde faction, the Constitution bench of the Supreme Court enquired from the Thackeray faction how the Court could reinstate a Chief Minister who had not faced the floor test.A bench comprising Chief Justice of India DY Chandrachud, Justice MR Shah, Justice...
[Senior Designation] ‘We Are Certainly Reducing The Weightage Given To Publication’: Supreme Court In Plea Seeking Reforms
The Supreme Court, on Thursday, reserved judgment in the pleas seeking modifications in the guidelines regulating the conferment of designation of Senior Advocates as laid down in its 2017 judgment (Indira Jaising v. Supreme Court of India).A Bench comprising Justice Sanjay Kishan Kaul, Justice Ahsanuddhin Amanullah and Justice Aravind Kumar, heard the arguments put forth by Senior...
Insolvency Resolution Of Company Will Not Extinguish Director's Liability Under Section 138 NI Act : Supreme Court
The approval of resolution plan of a corporate debtor under the Insolvency and Bankruptcy Code 2016 will not extinguish the criminal liability of its erstwhile director under Section 138 of the Negotiable Instruments Act 1881, held the Supreme Court.A bench comprising Justices Sanjay Kishan Kaul, Abhay S Oka and JB Pardiwala held that the company's director cannot seek discharge from N.I....
Prima Facie Inclined To Relax Restrictions In Eco-Sensitive Zones Near Forests : Supreme Court
The Supreme Court on Thursday indicated that it might relax the restrictions in the one-kilometer Eco-Sensitive Zone(ESZ) which has been mandated near protected forests and wildlife sanctuaries.A bench comprising Justices BR Gavai, Vikram Nath and Sanjay Karol was hearing applications filed by the Union Ministry of Environment, Forest, and Climate Change and various State Governments...
Doctor Can't Be Punished Under Drugs & Cosmetics Act For Storing Small Quantities Of Medicines : Supreme Court
The Supreme Court has held that a doctor's act of storing small quantities of medicines will not amount to an offence of unauthorized stocking of medicines under Section 18(c) of the Drugs and Cosmetics Act 1940."When small quantity of medicine has been found in the premises of a registered medical practitioner, it would not amount to selling their medicines across the counter in an open...
Shiv Sena Case : Supreme Court Constitution Bench Reserves Judgment
A Constitution Bench of the Supreme Court on Thursday reserved judgment in a batch of cases relating to the rift within the Shiv Sena party between Uddhav Thackeray and Eknath Shinde groups, which led to the change in the government in Maharashtra in July 2022.The batch includes the petitions filed by members from the groups of Shinde and Thackeray over several issues. The first petition...
[BAIL] Questions & Answers By Justice V. Ramkumar-Default Bail-PART-IV
Q.16 Is the above decision in Union of India v. Thamisharasi reported in (1995) 4 SCC 190 applicable to offences under the Kerala Abkari Act?Ans. Yes. Section 37 of the NDPS Act is pari materia with Section 41(A) of the Kerala Abkari Act. (See Muraleedharan v. State of Kerala – (2001) 4 SCC 638 = AIR 2001 SC 1699 – K. T. Thomas, R. P. Sethi – JJ.)Q.17 Is an under-trial prisoner who...
IBC- Resolution Professional Entitled To Take Control Of Corporate Debtor's Rights In Assets Licensed To Third Parties : Supreme Court
The Supreme Court has held that a resolution professional is entitled to take control of the rights of a corporate debtor in assets which are licensed to third parties. Such an action of the RP will come within the ambit of Section 25 of the Insolvency and Bankruptcy Code 2016.A Bench comprising of Justice V. Ramasubramanian and Justice Pankaj Mithal held that the assets owned by a...