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Suit For Eviction Maintainable Before Wakf Tribunal If Tenant Disputes That Property Is Not A Wakf: Supreme Court
The Supreme Court observed that a suit for eviction is maintainable before a Wakf Tribunal if the tenant disputed that the property is not a wakf.This is because the question whether a property belongs to wakf is exclusively triable by the Wakf Tribunal.In this case, the Telangana State Wakf Board filed a suit before the Andhra Pradesh State Wakf Tribunal, Hyderabad seeking eviction...
Offences Committed Outside India: Previous Sanction Of Central Govt U/S 188 CrPC Not Required At The Stage Of Cogizance But Trial Can't Be Commenced Without It: SC
The Supreme Court observed that the trial of the criminal case against an Indian citizen for offences committed outside India cannot commence without sanction of the Central Government under Section 188 of the Code of Criminal Procedure.But such previous sanction is not required at the stage of cognizance, the bench comprising Justices L. Nageswara Rao and Aniruddha Bose said.In this case,...
Money Decree/Certificate Of Recovery In Favour Of Financial Creditor Gives Fresh Cause Of Action To Initiate CIRP U/s 7 IBC: Supreme Court
The Supreme Court observed that a judgment and/or decree for money in favour of the Financial Creditor, or the issuance of a Certificate of Recovery in its favour, would give rise to a fresh cause of action for the Financial Creditor, to initiate proceedings under Section 7 of the IBC for initiation of the Corporate Insolvency Resolution Process. Such judgment/decree may be passed by the...
Is Cognizance By Pune Sessions Court In Bhima Koregaon Case Void? Bombay High Court Reserves Judgment In Sudha Bharadwaj's Plea For Default Bail
The Bombay High Court on Wednesday reserved its order on lawyer-activist Sudha Bharadwaj's default bail plea in the 2018 Bhima Koregaon – Elgar Parishad caste violence case. Justices SS Shinde and NJ Jamadar heard Bharadwaj's plea filed under sections 439, 482 and 167(2)(a)(i) of the Criminal Procedure Code read with section 43 D(2)of the Unlawful Activities Prevention...
Judges' Seniority Can't Be Fixed On Basis Of Roster Points; Must Be Based On Marks In Recruitment Exam : Madras High Court
In a significant judgment, the Madras High Court has held that the inter-se seniority among civil judges (junior division) cannot be fixed on the basis of 200-point roster system followed by Tamil Nadu Public Service Commission (TNPSC) to apply the rule of reservation while recruiting them. Instead, their seniority must be fixed only on the basis of marks obtained by the candidates in...
Andhra Pradesh Refuses Mediation With Telangana On Krishna River Dispute; CJI Recuses From Hearing
The State of Andhra Pradesh on Wednesday informed Supreme Court that it wants adjudication of its writ petition filed against the State of Telangana over a dispute regarding sharing of Krishna river water. The State has refused to settle the dispute through mediation with the neighboring state of Telangana as was suggested by the Top Court earlier. The Supreme Court had on Monday asked...
Different Retirement Age For AYUSH & Allopathic Doctors Not Justified : Supreme Court
The Supreme Court has observed that there is no rational justification for different age of retirement for doctors practicing AYUSH system of medicines and allopathic doctors. The Court observed that the mode of treatment by itself will not qualify as an "intelligible differentia" between two categories as far as retirement age is concerned.A division bench comprising Justices L Nageswara Rao...
Plea In Supreme Court Against Kerala HC Judgment Quashing Govt. Scheme Allotting 80% Minority Scholarships To Muslims
The Minority Indians Planning and Vigilance Commission Trust has moved the Supreme Court against the decision of the Kerala High Court quashing Orders of the Kerala Government announcing scholarships to Muslim students and Latin Catholic/Converted Christians in the ratio 80:20.The High Court had allowed the PIL filed by the respondent herein, consequently quashing three Government Orders by...
[BREAKING] Judge Uttam Anand Death Case Goes To CBI : Jharkhand High Court Accepts State's Recommendation
Accepting the recommendation made by the Jharkhand Government, the Jharkhand High Court on Tuesday directed the Central Bureau of Investigation (CBI) to take over the probe into the death case of Dhanbad district judge Uttam Anand at the earliest. A Division Bench of Chief Justice Dr Ravi Ranjan and Justice Sujit Narayan Prasad gave this direction during the hearing of the case today.Uttam...
"Centre Misled Court By Blatant Lies": Plea In Supreme Court Challenges Constitutionality Of PM CARES & PMNRF
A Special Leave Petition (SLP) has been filed before the Supreme Court against the dismissal of a PIL by the Allahabad High Court which challenged the validity of the PM Cares Fund and Prime Minister's National Relief Fund [PMNRF] in light of the Disaster Management Act, 2005. The SLP notes that the High Court was misled to conclude that PMCARES Fund does not receive any budgetary support or...