Writ Of Quo Warranto Can Be Issued Where An Appointment Has Not Been Made In Accordance With Law : Supreme Court

The Supreme Court observed that a writ of quo warranto can be issued where an appointment has not been made in accordance with the law.The bench of Justices DY Chandrachud and Hima Kohli observed thus while dismissing the appeals filed by the State of West Bengal and Sonali Chakravarti Banerjee challenging the order of the Calcutta High Court which had set aside the decision of the State...

Challenge Against Excommunication Among Dawoodi Bohras: Supreme Court Reserves Order On Reference To Larger Bench

A Constitution Bench of the Supreme Court on Tuesday reserved its order on whether to refer to larger bench a petition pending from 1986 challenging the validity of the practice of excommunication among the Dawoodi Bohras.The 5-judge bench will decide on whether to refer the issue to the 9-judge bench in the Sabarimala review case which is considering the larger issues relating to...

BREAKING| Supreme Court Dismisses ED's Plea Challenging Bail Granted To Anil Deshmukh

The Supreme Court on Tuesday dismissed the petition filed by the Enforcement Directorate challenging the Bombay High Court's order granting bail to NCP leader and former Maharashtra Home Minister Anil Deshmukh in a PMLA case. A bench comprising Justices DY Chandrachud and Hima Kohli however clarified that the observations made by the High Court will not influence the trial and are only...

Supreme Court To Consider Plea Seeking Shelters For Homeless Citizens On November 29

The Supreme Court bench comprising Chief Justice UU Lalit, Justice Ravindra Bhat and Justice Bela M. Trivedi heard a Public Interest Litigation seeking a mechanism to ensure shelters for homeless citizens on Tuesday.At the outset, the CJI remarked that there had been considerable improvement in the issue since 2003 and night shelters had been put up at different places across the...

Centre Keen On Pursuing Curative Petition To Reopen Bhopal Gas Tragedy Case Settlement : AG Tells Supreme Court

The Attorney-General for India, R. Venkataramani on Tuesday informed a Constitution Bench of the Supreme Court that the Central Government was "keen" to pursue the curative petition filed against Union Carbide Corporation (now Dow Chemicals) seeking additional compensation to the victims of the Bhopal Gas tragedy. In 2010, the Government of India had filed a curative petition praying...

Supreme Court Seeks ED's Reponse On Satyender Jain's Plea Challenging Transfer Of His Bail Plea To Another Judge

The Supreme Court today issued notice to the Enforcement Directorate on a plea filed by Delhi Minister Satyendra Jain assailing the order of the Delhi High Court which upheld the transfer of his bail plea to another court.A bench comprising of Justices M. R. Shah and Krishna Murari sought response from the Enforcement Directorate to be filed by 19th October and listed the matter for...

Palghar Lynching- No Objection To Transfer Of Probe To CBI, Maharashtra Govt Tells Supreme Court

The Maharashtra Government has told the Supreme Court that it has no objection to handing over the 2020 Palghar lynching case to the CBI. Two Hindu seers namely, Maharaj Kalpavriksha Giri @ Chikna Baba and Shri Sushil Giri Maharaj were lynched to death by a frenzied mob in April 2020 in Palghar. The two seers were travelling from Mumbai to Surat when their car was stopped by a mob...

'Production Of Accused In Court Fundamental To Criminal System': Supreme Court Refuses To Entertain PIL Seeking To Produce Undertrials In Court Virtually

The Supreme Court, on Tuesday, refused to entertain a Public Interest Litigation seeking directions to prevent undertrial prisoners from being produced in court to ensure safety of judges, prisoners and others inside the courtroom. The matter was heard by a bench comprising Chief Justice UU Lalit, Justice Ravindra Bhat and Justice Bela M. Trivedi. While advising the petitioner to withdraw...

No Offence Under Section 138 NI Act If Cheque Is Presented For Full Amount Without Endorsing Part Payment Made By Borrower : Supreme Court

In a significant judgment, the Supreme Court on Tuesday held that no offence for dishonour of cheque under Section 138 of the Negotiable Instruments Act is made out if the cheque is presented for the full amount without endorsing the part-payment made by the borrower after the issuance of the cheque.The Court held that the sum reflected on the cheque will not be the "legally enforceable debt"...

CJI UU Lalit Recommends Justice DY Chandrachud As The Next Chief Justice Of India

Chief Justice of India Uday Umesh Lalit has written to the Union Government recommending the name of Justice Dhananjaya Y Chandrachud, the second senior judge of the Supreme Court, as the next Chief Justice of India.CJI Lalit handed over the letter designating the successor CJI to Justice Chandrachud today at 10.15 AM. CJI Lalit had requested all judges of the Supreme Court to assemble at...

"State Of West Bengal Usurped Powers Of Chancellor" : Supreme Court Affirms Quashing Of Calcutta University VC's Reappointment

The Supreme Court on Tuesday observed that the State of West Bengal usurped the powers of the Chancellor (WB Governor) while re-appointing Sonali Chakravarti Banerjee as the Vice-Chancellor of the Calcutta University.Holding so, the Court dismissed the petitions filed by the State of West Bengal and Banerjee assailing the order of the Calcutta High Court, whereby the decision of the State...

Supreme Court Astounded By Plea To Declare Fundamental Rights As Unconstitutional, Notes The Irony In Petitioner Invoking Article 32

A Division Bench led by Justice K.M. Joseph of the Supreme Court of India on Friday rejected a petition seeking a declaration that the Fundamental Rights enshrined in Part III of the Constitution were "ultra vires the Constitution and void ab initio". The case of the petitioner appearing in person was that the impugned Part was "contradictory to the true spirit of the Preamble...