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Disqualified Lakshadweep MP's Challenge To ECI Announcing Bye-Elections : Supreme Court To Hear On Jan 27
The Supreme Court on Friday agreed to list on next Friday (January 27) the writ petition filed by former Member of Parliament from Lakshadweep, Mohammed Faizal, challenging the press release issued by the Election Commission of India announcing bye-elections for the constituency, following his disqualification as an MP due to conviction in an attempt to murder case.Senior Advocate Kapil...
In A First, Supreme Court Collegium Puts On Record Reasons To Reject Centre's Objections To Proposals
In a first, the Supreme Court collegium has put on record the reasons to reject the objections raised by the Central Government to recommendations made regarding judges appointment.The Supreme Court collegium reiterated the names of 5 advocates for elevation to various High Courts. They are Saurabh Kirpal (Delhi High Court), Somasekaran Sundaresan (Bombay High Court), John Sathyan (Madras...
Supreme Court Annual Digest 2022- NDPS Act
Narcotic Drugs and Psychotropic Substances Act, 1985 - Appeal against HC judgment upholding conviction of appellant under NDPS Act - Dismissed. Sukhdev Singh v. State of Punjab, 2022 LiveLaw (SC) 245 Narcotic Drugs and Psychotropic Substances Act, 1985 - The physical nature of the material is not relevant for determining whether the contents of the sample analyzed were actually...
Sutlej-Yamuna Canal Dispute : Haryana Govt Tells Supreme Court That Bilateral Talks With Punjab Have Failed
Amid the continuing impasse over the Sutlej-Yamuna Link (SYL) canal, the Haryana government on Thursday informed the Supreme Court that bilateral talks with its neighbouring state Punjab had failed to yield any meaningful outcome, and urged the top court to consider issuing directions that would require the Punjab government to complete the remaining portion of the canal, pursuant to...
Unstamped Arbitration Agreement Is Valid, Though Not Admissible As Evidence : Amicus Tells Supreme Court Constitution Bench
A Constitution Bench of the Supreme Court, on Thursday, continued hearing submissions made by the Amicus Curiae, Senior Advocate, Mr. Gourab Banerji in a 3-Judge reference which raised the issue - whether the arbitration clause in a contract, which is required to be registered and stamped, but is not registered and stamped, is valid and enforceable.A 5-Judge Bench comprising Justice K.M....
Google's Actions Are Feudalistic, Following Different Standards For Europe & India: CCI Tells Supreme Court
The Supreme Court on Thursday refused to interfere with the order of the National Company Law Appellate Tribunal which refused to stay the order of the Competition Commission of India (CCI) which imposed a penalty of Rs 1,338 crore on Google India for abuse of dominance in relation to Android eco-system. The matter was heard by a bench comprising Chief Justice of India DY Chandrachud, Justice...
Living Will- “Under The Scheme Of Separation Of Powers, This Is Squarely A Matter That You Should Have Taken Up”: SC Constitution Bench Tells Centre
A Constitution Bench of the Supreme Court, on Thursday, continued with the hearing of the Miscellaneous Application seeking modification of the guidelines for Living Will/Advance Medical Directive that was issued by way of its judgment recognising 'passive euthanasia' in Common Cause v. Union of India And Anr.For the past two days, a Bench comprising Justice K.M. Joseph, Justice Ajay...
"There Should Be Consistent Law On Bail, Delhi Riots Accused Are Still In Jail, 13,000 Undertrial Prisoners In Murder Cases In Up": Dushyant Dave In Ashish Mishra Case
In Ashish Mishra's bail hearing in connection with the Lakhimpur Kheri incident, Senior Advocate Dushyant Dave, for the victims, told the Supreme Court that if Mishra is to be released while on murder charges, there should be consistent law and the Delhi riots accused, as also the 13,000 undertrials for murder languishing in UP jails should be accorded the same treatment."The Kerala...
Process Of Criminal Law Not For Money Recovery ; Bail Can Be Granted Irrespective Of Payment Of Money Involved : Supreme Court
The process of criminal law cannot be utilised for arm-twisting and money recovery, particularly while opposing the prayer for bail, the Supreme Court observed in an order passed recently.The bench of Justices Dinesh Maheshwari and Hrishikesh Roy observed that the recovery of money is essentially within the realm of civil proceedings. There is no justification in adopting such a course that...
Sharing An Article Critical Of PM Modi Does Not Impinge On Suitability For Judgeship: SC Collegium Reiterates Recommendation Of Madras HC Lawyer
The Supreme Court Collegium has reiterated its recommendation for elevation of Advocate R. John Sathyan as a Madras High Court Judge, after Centre returned the file citing an online article critical of Prime Minister Narendra Modi that was shared by Sathyan.The Collegium comprising CJI DY Chandrachud, Justices SK Kaul and KM Joseph said that all the consultee-Judges at the relevant time, when...