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Justice Rohinton Nariman's Legacy: Notable Judgments On Liberties, Orientation To IBC & Arbitration
Justice Rohinton Nariman's seven year old tenure as a judge of the Supreme Court has come to an end on August 12. He was appointed as a judge of the Supreme Court on July 7, 2014, only the fifth senior counsel to be elevated from the bar to the bench. During his tenure, Justice Nariman has authored notable judgments that have contributed to the country's evolving jurisprudence on...
'We Continue To Work Even During Court Holidays' : CJI Refutes 'False Narrative' About Easy Life Of Judges
The Chief Justice of India NV Ramana on Thursday refuted "false narratives" about the supposed easy-life of judges. "We continue to work even during the Court holidays, do research and author pending judgments. Therefore, when false narratives are created about the supposed easy life led by Judges, it is difficult to swallow." CJI NV Ramana said. The Chief Justice of...
Merit Must Predominate In Judges Appointments; Time For More Direct Appointees : Justice Nariman In Farewell Address
Justice Rohinton Nariman, who retires as a Supreme Court judge today, said in his farewell speech that merit must be the predominant factor to be considered in judicial appointments.While delivering his address at the farewell function organized by the Supreme Court Bar Association, Justice Nariman said that the people of India and the litigating public have a legitimate expectation of a...
Calcutta High Court Adjourns Mamata Banerjee's Election Petition To Nov 16 In View Of Suvendu Adhikari's Transfer Plea In Supreme Court
The Calcutta High Court on Thursday allowed the application moved by BJP MLA Suvendu Adhikari seeking adjournment on the ground that a transfer petition has been filed by him before the Supreme Court and is currently pending adjudication. On July 14, 2021 Suvendu Adhikari had moved the Supreme Court seeking transfer of the election petition filed by West Bengal Chief Minister Mamata...
'Constitution Is Our Holy Book' : 12 Top Quotes From Justice Rohinton Nariman's Judgments
During his seven year term as a judge of the Supreme Court of Inida, Justice Rohinton Nariman has delivered several important judgments expanding the scope of fundamental rights jurisprudence, and settling the law in fields like arbitration and insolvency.Here are some notable quotes from the judgments authored by Justice Nariman.1. 'Expression of a view on any matter may cause annoyance to...
'Losing A Lion Who Guarded Judicial Institution' : CJI Ramana On Justice Nariman's Retirement
"With Brother Justice Nariman's retirement I feel like I am losing one of the lions which guarded this Judicial institution", the Chief Justice of India NV Ramana said today, during the farewell reference for Justice RF Nariman"One of the strong pillars of the contemporary judicial system, he is a man of principles and is committed to what is right. I'm sure there are many more chapters left...
Supreme Court Stays Release Of Asaram's Son On Furlough; Will Examine If Furlough Can Be Granted Once A Calendar Year or If One Year Have Elapsed Since the Last Release
The Supreme Court on Thursday stayed the grant of two weeks' furlough to self-proclaimed godman and rape convict Asaram's son Narayan Sai who is also serving a life term in a 2013 rape case.The bench of Justices D. Y. Chandrachud and M. R. Shah was hearing the state of Gujarat's Special Leave Petition against the June order of the Single Judge of the Gujarat High Court granting...
Application For Initiating CIRP Has To Be Rejected If A Dispute Truly Exists In Fact And Is Not Spurious, Hypothetical Or Illusory: Supreme Court
The Supreme Court observed that adjudicating authority has to reject an application seeking initiation of Corporate Insolvency Resolution Process under Section 9 of Insolvency and Bankruptcy Code, if a dispute truly exists in fact and is not spurious, hypothetical or illusory.The bench of Justices RF Nariman and BR Gavai observed that, at this stage, the authority is not required to be...
Motor Accident Claims: Supreme Court Asks Centre To Consider Withdrawing Insurance Exemption For State Public Transport Corporations
The Court has also granted two months’ time to submit the progress made in developing an online platform accessible to the tribunals, police authorities and insurers for handling accident reports and claims.
A 'Clarificatory' Provision In Tax Laws Cannot Impose A New Condition Retrospectively: Supreme Court
A retrospective provision in a tax act which is "for the removal of doubts" cannot be presumed to be retrospective, even where such language is used, if it alters or changes the law as it earlier stood, the Supreme Court observed while holding that Explanation 3C to Section 43B(d) of the Income Tax Act is 'clarificatory' and does not add a new condition retrospectively.The bench of Justices...