Supreme court
Can Time-Barred Debts Be Recovered Through Remedies Other Than Civil Suits As Per Special Laws? Supreme Court Refers To 3-Judge Bench
The Supreme Court has referred to a 3-judge bench the question whether debts, which cannot be recovered by filing civil suits as they are time-barred under the Limitation Act 1963, can be recovered by invoking other remedies under special statutes for debt recovery.The Court was hearing an appeal against a judgment of the Punjab and Haryana High Court which held that a time-barred debt can...
The Complete Supreme Court Annual Digest- 2023 [Part-XVI]
Prevention of Dangerous Activities Telangana Prevention of Dangerous Activities of Bootleggers, Dacoits, Drug-Offenders, Goondas, Immoral Traffic Offenders, Land Grabbers, Spurious Seed Offenders, Insecticide Offenders, Fertiliser Offenders, Food Adulteration Offenders, Fake Document Offenders, Scheduled Commodities Offenders, Forest Offenders, Gaming Offenders, Sexual...
UP Consolidation of Holdings Act | Consolidation Officer Can't Take Away Ownership Of Tenure Holder And Grant It To Another : Supreme Court
In a recent decision concerning the U.P. Consolidation of Holdings Act, 1953, the Supreme Court held that the Consolidation Officer is not vested with the power to take away the vested title of a tenure holder and grant ownership to some other person in the property.Affirming the decision of the High Court, the bench comprising Justices Surya Kant and P.S. Narasimha underscored the duty of...
Elected Members Of Municipality Can't Be Removed At Whims And Fancies Of Civil Servants Or Their Political Masters : Supreme Court
The Supreme Court, in a recent challenge against the disqualification of elected members of certain local municipalities in Maharashtra, held that elected representatives at the grass-roots level of democracy could not be thrown out of office at the 'whims and fancies' of civil servants or their 'political masters'. Setting aside the disqualification orders issued in 2015 and 2016 by...
JJ Act | 3 Months Time Limit For Preliminary Assessment Of Juvenile As Per Sec. 14(3) Not Mandatory: Supreme Court
The Supreme Court held that the time limit of three months prescribed under Section 14(3) of the Juvenile Justice (Care & Protection) Act, 2015 for ascertaining the mental and physical capacity of a child below the age of sixteen years to commit a serious offence is not mandatory but directory.“As in the process of preliminary inquiry there is involvement of many persons, namely,...
Judicial Service Recruitment | Supreme Court Requests High Courts To Notify An Authority Who Can Address Doubts & Grievances Of Candidates
In a recent judgment, the Supreme Court has flagged concerns about the absence of a designated authority by the High Courts which can be approached by the candidates of judicial services examinations to seek clarification in case of any doubt.By placing reliance on the report of Vidhi Centre for Legal Policy titled “Discretion & Delay- Challenges of Becoming a District & Civil...
Supreme Court Questions MTP Act For Allowing Abortion Of Pregnancy Beyond 24 Weeks In Case Of Foetal Abnormality, But Not Minor Rape Or Incest
In a recent judgment, the Supreme Court expressed reservations about the Medical Termination of Pregnancy Act not allowing termination of pregnancy above the upper limit of 24 weeks in the case of minor victims of rape and incest, while allowing termination of such pregnancies if there are substantial foetal abnormalities.According to the Court, the legislature seems to have made a value...
Judicial Service | Prescribing Minimum Qualifying Marks For Interview Doesn't Contravene Judgment In All India Judges Case (2002): Supreme Court
The Supreme Court held that the Rules prescribing minimum qualifying marks in the viva voce/interview for the selection process in the judicial services examinations don't violate the Judgment of All India Judges Case (2002)."The Justice Shetty Commission was constituted to bring about uniformity in service conditions of judicial officers. The recommendations made by the Commission are in...
WB Recruitment Scam: Supreme Court Extends Interim Protection To Appointees Against Cancellation But Permits CBI To Continue Probe
The Supreme Court today modified its earlier interim order protecting the appointments made in pursuance of the alleged West Bengal SSC recruitment scam, stating that those appointees whose appointments are found to be illegal shall be liable to refund their salaries.The top court has also permitted the CBI to continue its probe to determine the officials involved but precluded the agency...
Don't Name Innocent Individuals In 'History Sheets' Simply Based On Their Caste Or Disadvantaged Background: Supreme Court To State/ UTs
While exercising its suo moto powers, the Supreme Court on Tuesday (May 07) directed all States/Union Territories to revisit their policy concerning making mechanical entries in 'History Sheet' mentioning the details of the innocent individuals, who hail from the social, economic and educational disadvantaged backgrounds, along with those belonging to Backward Communities, Scheduled Castes...