Supreme Court Monthly Digest October 2022 (Citation 815 - 892)

Administrative Law - Accountability - Three essential constituent dimensions. (i) responsibility, (ii) answerability and (iii) enforceability. (Para 33-35) Vijay Rajmohan v. State, 2022 LiveLaw (SC) 832 Advocates Act, 1961; Section 32 - The enabling provision of Section 32, whereby any Court, authority or person may permit any non-advocate to appear before it or him in any particular...

Whether Striking Down of a Provision Granting Immunity from Arrest Would Have Retrospective Application? Supreme Court CB Commences Hearing

The Supreme Court on Tuesday commenced hearing on the issue of whether striking down of a provision granting immunity from arrest would have retrospective application, especially in view of rights protected under Article 20 of the Constitution.The 5-Judge Bench of Justices S.K. Kaul, Sanjiv Khanna, A. S. Oka, Vikram Nath and J. K. Maheshwari was hearing the matter. Earlier, SG Tushar Mehta,...

Can The Post Of Deputy Mayor In Municipal Corporation Be Reserved? Supreme Court To Consider

The Supreme Court of India on Tuesday issued notice in a petition challenging the move of the Bihar State government to reserve the post of the Deputy Chief Councillor in a municipal corporation. A Bench of Justices Surya Kant and JB Pardiwala issued notice after Senior Advocates Neeraj Kishan Kaul and Gopal Shankarnarayan, assisted by Advocate on Record Rahul Shyam Bhandari...

Courts Today- A Daily Round Up Of Important Legal Developments- 1.11.22

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Assam Accord : Supreme Court CB Posted The Challenge Against Section 6A Citizenship Act For Directions On 13th December, 2022

A Constitution Bench of the Supreme Court, on Tuesday, posted the pleas challenging the constitutional validity of Section 6A of the Citizenship Act inserted by way of an amendment in 1985 in furtherance of the Assam Accord, for directions, on 13th December, 2022. Senior Advocate, Mr. Kapil Sibal apprised the 5-Judge Bench comprising Justices D.Y. Chandrachud, M.R. Shah, Krishna...

CJI Lalit Recuses Himself From Hearing Appeal Against HC's Verdict On Three Capital Cities In Andhra Pradesh

Chief Justice UU Lalit on Tuesday recused himself from hearing an appeal of the Andhra Pradesh government against a verdict of the High Court of Andhra Pradesh which held that the State Legislature was not competent to bring out legislations shifting, bifurcating or trifurcating the capital and Heads of Departments of the three wings of the Government. The appeal against the decision of the...

Supreme Court CB Posted Pleas Challenging Extension of Political Reservation For SC/ST Communities For Directions On 29th November, 2022

A Constitution Bench of the Supreme Court, on Tuesday, posted the pleas challenging the constitutional validity of extending political reservation granted to the Scheduled Caste and Scheduled Tribe communities in Lok Sabha and State Legislature beyond the original ten years contemplated by the Constitution, for directions, on 29th November, 2022. "We will keep it on 29th November,...

[Maharashtra Political Crisis] Constitution Bench Of Supreme Court Posted The Matter For Directions On 29th November, 2022

A Constitution Bench of the Supreme Court, on Tuesday, posted the batch of petitions filed by both the Uddhav Thackeray faction and the Eknath Sindhe faction in relation to the political crisis in the State of Maharashtra, for directions, on 29th November, 2022. Upon the agreement of Counsel representing all the concerned parties on certain procedural directions, the 5-Judge...

Is Principle Of Rounding Off Permissible In Open Competition ? Supreme Court Issues Notice

Is the principle of rounding off permissible in the open competition ? The Supreme Court issued notice in a Special Leave Petition which raised this issue.A candidate for the post of TGT on batch wise basis under ex­serviceman category had approached the Himachal Pradesh High Court seeking a declaration that the his percentage in graduation i.e. 44.8 be considered as 45% for...

Party Who Was Not 'Supplier' On The Date Of Entering Into Contract Cannot Seek Any Benefit As Supplier Under MSMED Act : Supreme Court

The Supreme Court observed that a party who was not 'supplier' on the date of entering into contract cannot seek any benefit as the 'supplier' under the MSMED Act, 2006If any registration is obtained subsequently the same would have an effect prospectively and would apply to the supply of goods and rendering services subsequent to the registration, the bench of CJI UU Lalit and Justice Bela...

Purpose Served,AG Assured To Take Steps: Supreme Court Disposes Plea Seeking Postal Ballot Voting For NRIs And Migrants

Supreme Court bench comprising Chief Justice UU Lalit and Justice Bela M. Trivedi disposed of a petition seeking directions to the Central Government to permit NRIs and migrant labourers to exercise their franchise through casting their votes by postal ballots. The bench remarked that the matter was not fit to be taken up by the court since it had already passed directions to form a committee...

'Bribe Giver' Is A Party Connected To 'Proceeds Of Crime' ; Can Be Prosecuted Under PMLA : Supreme Court

The Supreme Court set aside a Madras High Court judgment which quashed PMLA proceedings initiated against a 'bribe giver'."By handing over money with the intent of giving bribe, such person will be assisting or will knowingly be a party to an activity connected with the proceeds of crime. Without such active participation on part of the person concerned, the money would not assume the...