Supreme court
'Breaches Discipline Of Law Laid Down In IBC' : Supreme Court Disapproves Of HC Deferring CIRP Under Article 226
The Supreme Court recently took exception to the Telangana High Court ordering the deferring of the Corporate Insolvency Resolution Process in the exercise of powers under Article 226 of the Constitution.The Bench of Chief Justice of India DY Chandrachud , Justice J.B. Pardiwala and Justice Manoj Misra, held that the High Court was not justified in deferring the Corporate...
Specific Relief Act | In Agreement To Sell Property Under Joint Ownership, Onus Is On Plaintiff To Secure Consent Of All Co-Owners : Supreme Court
Recently, the Supreme Court observed that when the plaintiff seeks specific performance of the agreement to sell a property (being jointly owned by multiple persons), then the onus is on the plaintiff to ensure that all necessary consents and participations are secured to prove his readiness and willingness towards the performance of the contract.The bench comprising Justices Vikram Nath,...
Children Of Those Who Acquired Foreign Citizenship Can't Resume Indian Citizenship Under Section 8(2) Of Citizenship Act : Supreme Court
The Supreme Court pronounced an important judgment on Friday (October 18) dealing with various provisions relating to Indian citizenship. The Court clarified that when a person acquires a foreign citizenship, the cessation of Indian citizenship happens by operation of law by virtue of Section 9 of the Citizenship Act. Hence, such cessation of citizenship cannot be regarded as...
S. 319 CrPC | No Mandate To Decide Application To Summon Additional Accuded Before Cross-Examination Of Other Witnesses : Supreme Court
The Supreme Court on Friday (Oct. 18) observed that there's no bar for the trial court to decide an application seeking the summoning of an additional accused under Section 319 Cr.P.C. even after the cross-examination of the prosecution witness.“Therefore, the complicity of any person sought to be arrayed as an accused can be decided with or without conducting cross-examination of...
'Prioritise Prevention, Prosecution Alone Ineffective To Bring Social Change' : Read Supreme Court's Guidelines Against Child Marriages
The Prohibition of Child Marriage Act, 2006 is a social legislation which requires a collective effort of all stakeholders for its success, said the Supreme Court, emphasising the need for community-driven strategies and more focus on prevention than prosecution.The Court said that preventive strategies should therefore be tailored to address the root causes of child marriage, such as...
Child Marriage Deprives Children Of Agency, Autonomy & Right To Enjoy Childhood; Affects Both Boys & Girls : Supreme Court
While issuing several guidelines to prevent child marriages, the Supreme Court has elaborately discussed how child marriages violate Constitutional rights.The judgment, delivered in a petition filed by the NGO Society for Enlightenment and Voluntary Action, stated that child marriages violate the rights to self-determination, choice, autonomy, sexuality, health and education of...
Supreme Court Upholds Maintainability Of Appeals Filed By Airports Economic Regulatory Authority Against Orders Of TDSAT On Tariff Imposition
The Supreme Court today (October 18) upheld the maintainability of appeals filed by Airports Economic Regulatory Authority (AERA) assailing orders of the TDSAT under the AERA Act 2008 relating to tariff imposition on certain services. The bench led by CJI DY Chandrachud comprising Justices JB Pardiwala and Manoj Misra allowed the appeals to filed by AERA in the following order : "The appeals...
'Bill Pending In Parliament' : Supreme Court Refrains From Deciding If Prohibition Of Child Marriage Act Overrides Personal Laws
While issuing various guidelines for the prevention of child marriages, the Supreme Court refrained from deciding the issue whether the Prevention of Child Marriage Act, 2006 overrides personal laws which sanction such marriages.The Court noted that the Parliament is seized of the issue since a bill introduced in 2021 to amend the Prevention of Child Marriage Act to give it overriding effect...
'Marriages Fixed During Minority Of Child Violates Free Choice' : Supreme Court Suggests Ban On Child Betrothals
The Supreme Court has suggested to the Parliament to consider outlawing child betrothals by amending the Prevention of Child Marriage Act(PCMA), 2006. Since that PCMA does not deal with child betrothals, the Court noted that it can be used to evade the penalties under the Act."Marriages fixed in the minority of a child also have the effect of violating free choice, autonomy, agency and...
Supreme Court Recalls Its Judgment Which Struck Down Sections 3 & 5 Of Benami Transactions (Prohibition) Act 1988
The Supreme Court on Friday (October) recalled its 2022 judgment in Union of India vs Ganpati Dealcom Pvt. Ltd which struck down Sections 3(2) and 5 of the Benami Transactions (Prohibition) Act 1988 as unconstitutional.A bench comprising Chief Justice of India DY Chandrachud, Justice JB Pardiwala and Manoj Misra recalled the judgment allowing a review petition filed by the Union...
'Singling Out Assam Rational; Cut-Off Date Not Arbitrary' : Supreme Court Holds S.6A Citizenship Act Doesn't Violate Article 14
While upholding the constitutional validity of Section 6A of the Citizenship Act 1955, which recognized the Assam Accord, the majority judgment authored by Chief Justice of India D.Y. Chandrachud and Justice Surya Kant (for Justices M.M. Sundresh, Manoj Misra and himself) has held that Section 6A did not violate Article 14. Justice J.B. Pardiwala, who lone dissented, has held otherwise. As...