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De-Recognition Of Political Parties Can Be A Last Resort To Enforce Compliance, Election Commission Tells Supreme Court
"The recourse to Paragraph 16A in all cases may not be called for. Your Lordships may censure the political parties and see how an election or two fan out with the threat of 16A hanging over their heads. If nothing is done, the 16A route can be gone down", Senior Advocate Harish Salve, for the Election Commission of India, told the Supreme Court on Tuesday. The bench of Justices...
"Lawyers Think Entire Burden Is On Courts In PILs; PIL Like Any Other Writ Petition & Must Comply With Rules Of Pleadings": Supreme Court
The Supreme Court on Monday made it clear that while filing PILs, litigants have to comply with rules of pleadings and the entire burden of fact-finding cannot be left on Courts. "Advocates think that in PILs entire burden can be cast upon the Court. You at least produce which are the FIRs, give us the details. PIL is like any other regular writ petition. You have to help yourself and comply...
States Have Exclusive Legislative Power In Cooperative Societies' Matter: Supreme Court
Co-operative societies as a subject matter belongs wholly and exclusively to the State legislatures to legislate upon, the Supreme Court observed in its judgment striking down the provisions of the Constitution(97th Amendment) Act to the extent it introduced Part IX B in the Constitution to deal with co-operative societies.The bench comprising Justices RF Nariman, KM Joseph and BR...
Can Political Parties Be De-Recognized For Failing To Publish Candidates' Criminal Antecedents Candidates? Supreme Court Discusses
"Are we to just put up our hands?", Justice Rohinton Nariman asked on Tuesday when Senior Advocate Kapil Sibal, for the Nationalist Congress Party, attempted to dissuade the Court against the invocation by the ECI of its power to suspend or withdraw recognition of a recognised political party for its failure to observe Model Code of Conduct or follow lawful directions and instructions of...
Compensation For COVID Deaths : Centre Moves Supreme Court Seeking Time Till Mid-September To Frame Guidelines
The Union of India has moved Supreme Court seeking a 4 weeks extension of time for National Disaster Management Authority to frame guidelines making recommendation for payment of ex-gratia assistance to dependents of those who succumbed to COVID-19 The Union of India through its application has sought an extension to enable the National Disaster Management Authority to come out with...
Section 34 Arbitration Act Gives No Power To Modify Arbitral Award; Appellate Court Can Only Set Aside Or Remand : Supreme Court
The Supreme Court held that a court, under Section 34 of the Arbitration and Conciliation Act, cannot modify an award."If one were to include the power to modify an award in Section 34, one would be crossing the Lakshman Rekha", Justices RF Nariman and BR Gavai observed.In this case, the court was considering appeals filed by NHAI against the Madras High Court judgment which held that, at...
No Deaths Due To Lack Of Oxygen Reported By States, UTs During 2nd COVID Wave: Centre Claims In Rajya Sabha
During the ongoing Monsoon Session of Parliament, the Union Health ministry today claimed in the Rajaysabha that there had been no deaths due to the Lack of Oxygen during the Second COVID Wave.Responding to a question as to whether during the 2nd COVID Wave, a large number of COVID-19 patients died on roads and hospitals due to acute shortage of oxygen, the Ministry said that Health is a...
Will Act Against Those Responsible If Bakrid Relaxations Lead To Untoward COVID Spread : Supreme Court To Kerala Govt
If the relaxations announced by the Kerala Government in lockdown norms for three days ahead of Bakr Eid celebration lead to any "untoward spread of COVID-19 disease", action will be taken against those responsible, warned the Supreme Court on Tuesday.Taking note of the fact that the order issued by the Kerala Government on July 17, which eased the curbs, has worked itself out, a bench...
Supreme Court Overrules Bombay HC's View That UPSC Has Power To Treat Candidate Who Submitted Degree Certificate Late As Qualified For Civil Service Exams
The Supreme Court on Tuesday overruled a view taken by the Bombay High Court(Aurangabad Bench) that the Civil Services Examination Rules 2020 give power to the Union Public Service Commission to treat a candidate who submitted the degree certificate after the cut-off date as qualified to appear for the civil service examination in exceptional circumstances.However, the ultimate relief granted...
'Serious Matter; Someone Has Lost Liberty Since May' : Supreme Court Issues Notice On Mainpur Activist's Plea For Compensation For Illegal Detention Under NSA
The Supreme Court on Tuesday issued notice on the prayer made by Manipur based political activist Leichobam Erendro seeking compensation for the illegal detention underwent by him under the stringent National Security Act over a Facebook post that cow dung or cow urine will not cure COVID. A bench comprising Justices DY Chandrachud and MR Shah granted two weeks time to the respondents to...
Supreme Court Disapproves Practice Of Delayed Filing Of Review Petition After Judges Retire
The Supreme Court has disapproved the practise of delayed filing of review petitions after waiting for judges to retire."Such practice must be firmly disapproved to preserve the institutional sanctity of the decision making of this Court", the bench comprising Justices DY Chandrachud and MR Shah remarked while dismissing the review petitions filed against the judgment in Goa Foundation vs...