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Supreme Court Allows NGT Judicial Member To Continue Beyond Term Till Appointment Of New Member
Supreme Court of India directed that the National Green Tribunal to allow Justice Sheo Kumar Singh to hold office as a member of the tribunal until the process of selection of the Judicial Members was completed and the new Judicial Members took charge. A bench comprising Chief Justice DY Chandrachud and Justice PS Narasimha was considering an application filed by Enviro Legal Defence Firm....
Kerala HC Ignored Binding Precedent To Hold Bishops Can't Alienate Church Assets : Catholic Diocese Argue Before Supreme Court
The Kerala High Court's observation that Bishops have no power to alienate the assets of church is against an earlier judgment of the High Court itself which held that church assets are not public trusts, submitted a Catholic diocese before the Supreme Court on Tuesday.Senior Advocate Chander Uday Singh, appearing for the Eparchy of Bathery, informed a bench comprising Justices Dinesh...
Arbitration Agreements Liable To Stamp Duty : Amicus Curiae Tells Supreme Court Constitution Bench
A Constitution Bench of the Supreme Court, on Tuesday, commenced with the hearing of reference, which pertains to 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.On a previous occasion, a 5-Judge Bench comprising Justice K.M. Joseph, Justice Ajay Rastogi, Justice Aniruddha...
Right To Die : How To Make Directions On "Living Will" Workable? Supreme Court Constitution Bench Discusses
A Constitution Bench of the Supreme Court, on Tuesday, commenced 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 recognizing 'passive euthanasia' in Common Cause v. Union of India And Anr.During the course of the hearing, it was made abundantly clear that the directions...
Delhi Govt vs LG | Won't Lack Of Posting Power Dilute Functional Control Over Civil Servants? Supreme Court Asks Centre
The Supreme Court on Tuesday resumed hearing on the dispute between the Delhi government and the union government regarding control of administrative services in the National Capital Territory of DelhiThe five-judge bench of Chief Justice D. Y. Chandrachud and Justices M. R. Shah, Krishna Murari, Hima Kohli and P. S. Narasimha heard SG Tushar Mehta for the Centre and Senior Advocate Dr....
Supreme Court Dismisses Vijay Mallya's Petitions After Lawyer Says He Has No Instructions From Client
The Supreme Court on Monday dismissed two special leave petitions filed by fugitive businessman Vijay Mallya, after his lawyer informed the bench that he has received no instructions from the client despite several attempts.In that view of the matter, the bench led by Chief Justice of India dismissed Mallya's petitions for non-prosecution. The Court also allowed the application filed by...
'Last Seen' Circumstance Cannot Be Sole Basis For Conviction : Supreme Court Acquits Murder Accused
The court should not convict an accused only on the basis of the “last seen” circumstance, the Supreme Court observed while setting aside concurrent conviction of murder accused.The bench of Justices S. Ravindra Bhat and P S Narasimha observed that the “last seen” doctrine has limited application, where the time lag between the time the deceased was seen last with the accused, and...
A Person Cannot Be Deemed To Be In Service When First Dismissal Order Is In Force: Supreme Court
The Supreme Court Bench comprising Justices Krishna Murari and Bela M Trivedi has held that when the first dismissal order against a person in service is in force, irrespective of all pending litigations or his age of superannuation, he cannot be deemed to be continuing in service. Factual background of the Civil Appeal including its Judicial HistoryThe brief facts of the appeal goes that...
'Wikipedia Not Completely Dependable' : Supreme Court Cautions Courts & Adjudicating Authorities
In a judgment delivered today, the Supreme Court cautioned the courts and adjudicating authorities against use of 'wikipedia' for legal dispute resolution.These sources, despite being a treasure trove of knowledge, are based on a crowdsourced and usergenerated editing model that is not completely dependable in terms of academic veracity and can promote misleading...
Child Adopted By Widow After Death Of Govt. Employee Not Entitled To Family Pension : Supreme Court
The Supreme Court held that a son or daughter adopted by the widow of a deceased government servant, after the death of the government servant, cannot be included within the definition of ‘family’ under Rule 54(14)(b) of the Central Civil Services (Pension) Rules, 1972 to claim family pension.The definition of the term ‘family’ cannot be extended to include those persons who were not...
Supreme Court Annual Digest 2022- Medical Law And Medical Education
Admission and Fee Admission and Fee Regulatory Committee (for Professional Courses offered in Private UnAided Professional Institutions) Rules, 2006 (Andhra Pradesh); Rule 4 - The education is not the business to earn profit. The tuition fee shall always be affordable. Determination of fee/review of fee shall be within the parameters of the fixation rules and shall have direct nexus...