Top Stories
Bombay High Court Dismisses Raj Kundra's Plea Challenging his Remand Order in Porn Racket Case
The Bombay High Court on Saturday dismissed the petitions filed by Raj Kundra and his associate Ryan Thorpe challenging remand orders passed by the Metropolitan Magistrate in the alleged porn film racket, therefore seeking release from custody.Justice AS Gadkari, while pronounced the order, said: "the remand to custody by the Metropolitan Magistrate is within conformity of law and does not...
Can A State Prescribe Qualification For Admission To Medical Courses Higher Than Minimum Eligibility Criteria Prescribed by MCI?: SC To Consider
The Supreme Court will consider on August 13 the issue as to whether a state has the competence to prescribe rules providing for higher/additional qualifications for admission to medical courses than the minimum eligibility criteria laid down by the Centre or the Medical Council of India. The bench of Justices D. Y. Chandrachud and M. R. Shah was hearing the state of Assam's SLP...
Should Disobedience Of Injunction Be 'Wilful' To Invoke Order 39 Rule 2A CPC? Supreme Court Doubts Its Earlier Judgment
The Supreme Court doubted the correctness of its earlier judgment that had held that Order XXXIX, Rule 2-A of the Code of Civil Procedure requires not "mere disobedience" but "wilful disobedience.A bench comprising Justices RF Nariman and BR Gavai made this observation in the Amazon-Future Retail case.Rule 2-A is primarily intended to enforce orders passed under Order XXXIX, Rules 1 and 2,...
'Party Autonomy One Of The Pillars Of Arbitration' : Key Takeaways From Amazon- Future Retail Judgment Of Supreme Court
The Supreme Court in its judgment in Amazon.com NV Investment Holdings LLC vs. Future Retail Limited held that an award/order by an Emergency Arbitrator would be covered by Section 17 of the Arbitration and Conciliation Act and it can be enforced under the provisions of Section 17(2). It also held that no appeal lies under Section 37 of the Arbitration Act against an order of enforcement of...
Controversial 'Skin-to-Skin' Judgment In POCSO Case : Supreme Court Posts Attorney General's Appeal For Final Hearing On August 24
The Supreme Court on Friday posted the appeal filed by the Attorney General for India against the controversial judgment passed by the Bombay High Court (Nagpur Bench) in a POCSO case for final hearing on August 24.A bench comprising Justices UU Lalit and Ajay Rastogi also appointed Senior Advocate Siddhartha Dave as an amicus curiae in the matter.As per the impugned judgment, the High Court...
'We Can't Stop Passing Of Legislation' : Supreme Court Refuses Discussion On Tribunals Reforms Bill 2021
"We can't stop passing of legislation, the government cannot stop us from passing orders. This is the duty of both institutions." CJI NV Ramana remarked on Friday. The remarks came from CJI NV Ramana after Senior Advocate Nidhesh Gupta expressed his objection to the Tribunal Reforms Bill, 2021 recently passed by the Lok Sabha. Referring to the Tribunal Reforms Bill, Senior Counsel...
Bombay High Court Refuses To Stay Prison Transfer Order Of Bhima Koregaon Accused Without Hearing State
The Bombay High Court on Friday observed that the accused in the Bhima Koregaon – Elgar Parishad Case resisting their transfer out of Taloja Prison, despite repeatedly complaining about the prison authorities there, is confusing and paradoxical. "So many complaints that jail authorities there are not providing basic things, food and medicines. So now when they want to transfer,...
'Can't Ignore State's Negligence, Should've Provided Security' : Supreme Court On Judge Uttam Anand's Killing
Supreme Court on Friday observed that the State's negligence in the recent killing of judge Uttam Anand who was posted as Additional District and Sessions Judge at Dhanbad, cannot be ignored.A Division Bench comprising CJI NV Ramana and Justice Surya Kant opined that, being well aware that Dhanbad is a mafia area where several advocates have been killed and judges have been attacked in...
'CGST Act Came 4 Years Ago' : Supreme Court Pulls Up Centre Over Non-Creation Of GST Appellate Tribunal
Supreme Court on Friday pulled up the Centre for not constituting an appellate tribunal under the CGST Act even after 4 years of the Act having come into force. " The CGST act came into force about 4 years back, you have been unable to create any appellate tribunal at all." CJI told Solicitor General Tushar Mehta A Division Bench of CJI Ramana and Justice Surya Kant observed that...
Section 37 Arbitration Act A Complete Code; Order Under Sec 17(2) Enforcing Emergency Arbitrator's Award Not Appealable Under Sec.37 : Supreme Court
The Supreme Court has held that an order of enforcement of an Emergency Arbitrator's order made under Section 17(2) of the Arbitration and Conciliation Act is not appealable under Section 37 of the Act.Section 37 is a complete code so far as appeals from orders and awards made under the Arbitration Act are concerned, the bench of Justice RF Nariman and BR Gavai said while disposing the...
Article 136: Pure Question Of Law Can Be Raised For The First Time In SLP: Supreme Court
The Supreme Court observed that it can entertain new grounds raised for the first time in an appeal under Article 136 of the Constitution if it involves a question of law which does not require adducing additional evidence. The principle in Order XLI Rule 22 of the Code of Civil Procedure furthers the cause of justice by providing the party other than the 'aggrieved party' to raise any...
Class 12 Exams : Supreme Court Allows Time Extension To Odisha & Meghalaya Boards To Publish Results
The Supreme Court on Friday allowed the applications filed by the States of Maharashtra, Meghalaya and Odisha seeking extension of time to publish the results of state board exams for Class 12.In June, the Supreme Court had directed state boards to publish the Class 12 exams results within July 31 as per the alternate assessment schemes adopted by them in lieu of the written...