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Delhi High Court Bar Association Decides Against Reservation For Women Lawyers, Informs Supreme Court About GBM Decision
In pleas seeking reservation for women lawyers in Delhi High Court Bar Association (DHCBA), the DHCBA has filed a response stating that it is an "association" of lawyers and there can be no reservation in a private association."the ideology of the DHCBA and its members, is borne out of merit and inclusion. The members of the DHCBA believe that the selection of the candidates should be...
Maintainability Of Second Protest Petition Depends On How First Complaint Against Negative Final Report Was Dismissed : Supreme Court
The Supreme Court yesterday held that there's no bar on the maintainability of the second complaint against the negative Final Report/Charge Sheet if the magistrate believes that the core of both complaints is different.The Court in Samta Naidu & Anr. v. State of Madhya Pradesh & Anr. settled a position of law that if the earlier disposal of the complaint was on merits, the...
S. 197 CrPC Applies To PMLA : Supreme Court Holds Prior Sanction Mandatory To Prosecute Public Servants For Money Laundering Offence
The Supreme Court held today that section 197(1) of CrPC, which provides that prior sanction from the government is required to prosecute public servants and judges for offences alleged while discharge of public duties, will apply to cases under the Prevention of Money Laundering Act.A bench of Justice Abhay Oka and Justice Augustine George Masih dismissed an appeal by the Directorate...
Supreme Court To Hear Plea Seeking Clarification On Direction To Delete Caste Column In Prison Registers
Journalist Sukanya Shanta, in whose petition the Supreme Court issued directions to end caste-based segregation and division of work in prisons, has filed an application in the Supreme Court seeking clarification with respect to the direction to delete caste columns in the prison registers.Senior Advocate Dr.S Muralidhar, for the applicant, mentioned the application before Chief Justice of...
Holder Of LMV Driving License Doesn't Need Separate Authorisation To Drive Transport Vehicle Weighing Less Than 7500 KG : Supreme Court
The Supreme Court today (November 6) held that a person holding a driving license for a light motor vehicle(LMV) can, without any specific endorsement, drive a transport vehicle having an unladen weight of less than 7500 kg.If the gross weight of the vehicle is within 7500 kg, the driver with an LMV license can drive such a transport vehicle. The 5-judge Constitution Bench noted that no...
True Measure Of Justice System Is In How It Treats Those Under Custody : CJI-Designate Sanjiv Khanna Flags Prison Overcrowding
Justice Sanjiv Khanna of the Supreme Court on Tuesday highlighted the significance of open prisons in addressing the critical issue of overcrowding in Indian prisons, noting that the country's prison facilities currently house approximately 520,000 inmates despite being designed for far fewer.He emphasized that the true measure of a justice system extends beyond its verdicts, lying instead in...
Supreme Court Monthly Round-Up: October 2024
IndexCitationK. Vadivel v. K. Shanthi & Ors. 2024 LiveLaw (SC) 757Sub Inspector Sanjay Kumar v. State of Uttar Pradesh & Ors., C.A. No. 010894 / 2024 2024 LiveLaw (SC) 758State of West Bengal v. Jashimuddin Mondal and Ors., SLP(C) No. 9628/2024 2024 LiveLaw (SC) 759Atul Kumar v. Chairman (Joint Seat Allocation Authority) and Ors| Writ Petition (Civil) No. 609/2024 2024 LiveLaw...
'IBC Prevails Over SEZ Act', Supreme Court Rejects Noida SEZ's Claim
The Supreme Court dismissed the Noida Special Economic Zone's (NSEZ) plea challenging the NCLAT's decision to approve a resolution plan that granted Rs. 50 Lacs against NSEZ's admitted claim of about Rs. 6 Crore.The NCLAT reduced the claim amount, partly due to penalties related to the renewal of the sub-lease and transfer charges.The bench comprising Justices Abhay S. Oka and Augustine...
Supreme Court Directs NMC To Issue Fresh Guidelines To Admit Persons With Disabilities Into Medical Courses
In a significant stride towards social recognition of the Rights of Persons with Disabilities (PwDs), the Supreme Court recently stressed the need to give opportunities to PwDs in the medical sector and devise qualitative standards for testing disabilities in the procedure for medical course admissions. The bench led by CJI DY Chandrachud comprising Justices JB Pardiwala and Manoj Misra in...
Supreme Court To Hear Ex-Indian Army Officer's Plea To Quash Criminal Proceedings In Rape Case
The Supreme Court today (November 5) issued notice on a Special Leave Petition filed by ex-officer of the Indian Army, Rakesh Walia, seeking quashing of the FIR and other consequential proceedings against him on grounds of malicious prosecution and abuse of law under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS).A bench of Justices Sudhanshu Dhulia and Ahsanuddin...
I Have Always Granted Bail From A To Z, From Arnab To Zubair : CJI DY Chandrachud
Speaking at yesterday's discussion organised by The Indian Express, Chief Justice of India D.Y. Chandrachud answered many pressing issues and controversies including whether the Supreme Court stands true to the 'bail is the rule, jail an exception' principle. Set to demit the office on November 10, CJI was asked by Apurva Vishwanath, The Indian Express, what institutional processes and...