Supreme court
Supreme Court: Justice Ajay Rastogi Shuts Virtual Hearing Link, Says Lawyers Misusing Facility
In an unusual development in the Supreme Court, a Bench of Justice Ajay Rastogi and Justice CT Ravikumar on Thursday closed the virtual hearing link to Courtroom 6 after observing that lawyers are misusing the facility. Few minutes after the court started hearing the matters as per the cause list, a lawyer appeared to seek a pass-over in a matter stating that his senior was occupied before...
Complete Supreme Court Yearly Digest Part-5
Constitution of Special CourtsConstitution of Special Courts - The State and Central Governments will have to comply with the directions issued by this Court from time to time with respect to constitution of special courts. The High Court in consultation with the State Governments will have to undertake an exercise on the need for the special courts. The vacancies in the position of...
Governor Should Not Enter Political Arena, Supreme Court Says While Hearing Shiv Sena Rift Case
The Supreme Court of India on Wednesday (15th February 2023) continued hearing the pleas concerning the constitutional issues arising out of the rift within Shiv Sena party between Eknath Shinde and Uddhav Thackeray groups. The issue under consideration before the bench was whether the judgement in Nabam Rebia v. Deputy Speaker (2016) should be referred to a seven-judge bench of the...
Karnataka Mining : Amicus Curiae Suggests Doing Away With Contribution To SPV From Iron Ore Sale Value
In the PIL regarding iron ore mining in certain districts of Karnataka, Senior Advocate Shyam Diwan, Amicus Curiae, on Wednesday told the Supreme Court that the Amicus was appointed in view of the "serious environmental dimensions" to the matter which are no longer involved as such, and that moving forward, it is the common consensus that the collection of 10% of the sale value from all...
Complete Supreme Court Yearly Digest Part-4
Commercial Courts Act, 2015Commercial Courts Act, 2015 - Mediation lightens the load of the judges- Section 12A contemplated only for a class of suits not requiring urgent relief- suits which contemplate urgent interim relief, the Law-giver has carefully vouch-safed immediate access to justice as contemplated ordinarily through the courts. The carving out of a class of suits and selecting...
Remand Order Prolongs & Delays Litigation : Supreme Court Explains Scope Of Appellate Court's Power To Remand
An order of remand prolongs and delays the litigation, the Supreme Court observed while setting aside a High Court order remanding a case to the trial court.In this case, the Patna High Court passed an order of remand observing that the judgment of the trial court was not written as per the mandate of Section 33 and Rule 4(2) and 5 of Order XX of the Code of Civil Procedure, as the discussion...
Review Provision Is Not To Scrutinize The Correctness Of Decision : Supreme Court
The Supreme court reiterated that the provision of review is not to scrutinize the correctness of the decision.It is to correct the error, if any, which is visible on the face of the order / record without going into as to whether there is a possibility of another opinion different from the one expressed, the bench of Justices V Ramasubramanian and Pankaj Mithal observed.The court observed...
All High Courts Family Law Digest 2022
LiveLaw brings to you the most awaited High Courts Digest on Family law cases from the year 2022.ALLAHABAD HIGH COURT Interim Maintenance- Extremely Difficult For Woman To Maintain Herself With ₹1500 Per Month: Allahabad High CourtCase title - Sanjeev Rai v. State of U.P. and AnotherCase citation: 2022 LiveLaw (AB) 14Emphasizing that it is the duty and responsibility of the husband to...
'It's Quality & Not Quantity Of Witnesses Which Matters' : Supreme Court Relies On Solitary Eyewitness Testimony To Affirm Sentence
"It is not the quantity of the witnesses but the quality of witnesses which matters", observed the Supreme Court while affirming the conviction and sentence of four persons for murder of four persons.Only one eye-witness was examined in the case. She was one Pinky Singh, whose parents, brother and brother-in-law were murdered by the accused at night over a property dispute. She was also...
Ouster Of Civil Court's Jurisdiction Won't Have Retrospective Effect To Annul A Decree Validly Passed By Civil Court: Supreme Court
Recently a Division Bench of the Supreme Court comprising Justice V. Ramasubramanian and Justice Pankaj Mithal reiterated that ouster of jurisdiction of civil court can be expressed or implied, but it cannot have retrospective effect annulling a decree validly passed by the civil court.The Bench was hearing an appeal filed against an order of the Bombay High Court (Goa), which affirmed...
