Jharkhand High Court Schedules Hearing Of Hemant Soren's Petition Against ED Arrest On February 5

The Jharkhand High Court has scheduled the hearing for the petition filed by former Jharkhand Chief Minister, Hemant Soren, challenging his arrest by the Directorate of Enforcement (ED) on February 5.Initially, the Court had set the matter for February 2. However, during the hearing on the same day, Soren's Counsel requested the withdrawal of the writ petition as Soren had...

A Perfectly Valid Provision Can't be 'Read Down' Just Because It Imposes Harsher Consequences: Supreme Court

The Supreme Court, in a recent judgment, observed that if a plain reading of a clause fulfills the object and purpose of the statute, then the rule of 'Reading Down' the clause would not be applied just because the clause imposes harsher consequences.Disagreeing with the observation made by the High Court, the Bench comprising CJI DY Chandrachud, Justices JB Pardiwala, and Manoj Misra,...

Supreme Court Issues Notice On Plea For Rehabilitation Of Slum Dwellers Evicted From Jhuggis Near Delhi's Mathura Road

In a plea against demolition of a Jhuggi Jhopri (JJ) cluster near Mathura Road, Delhi, at a time when demolition activities in the national capital were banned subject to exceptions, the Supreme Court on Friday(February 2) issued notice to the respondent-authorities.The Bench of Justices PS Narasimha and Aravind Kumar was hearing a challenge to a Delhi High Court order, whereby a plea against...

SARFAESI | Bank Can Forfeit Entire 25% Deposit & Not Just The Extent Of Loss Due To Default By Auction Purchaser : Supreme Court

In a significant verdict, the Supreme Court held that the entire earnest money deposited by an auction purchaser would be forfeited as per Rule 9(5) of the Security Interest (Enforcement) Rules, 2002 (SARFAESI Rules) on the failure to deposit the remaining amount within the stipulated period.The Court rejected the view taken by the Madras High Court that the forfeiture of the earnest...

Govt Law Officers Must Remain Impervious To Politics Of The Day & Conduct Themselves With Dignity In Court : CJI DY Chandrachud

In his inaugural address, delivered at the Commonwealth Attorneys and Solicitors General Conference (CASGC) 2024, Chief Justice of India DY Chandrachud said executive accountability relies heavily on law officers' ethical behavior and responsibility. Elucidating, CJI said that law officers - such as the Attorney General for India, the Advocate General of State, the Solicitor General of...

Declaration Of Title Can Be Sought Based On Adverse Possession : Supreme Court Reiterates

Recently, the Supreme Court reiterated that a suit for declaration of title based on the plea of an adverse possession can be filed by the plaintiff. Reversing the findings of the High Court, the Bench of Justices P.S. Narasimha and Aravind Kumar, while referring to the Judgment of Ravinder Kaur Grewal vs. Manjit Kaur observed that it is a settled position of law that a plaintiff can seek...

Trek Organizer Not Liable For Deaths Of Trekkers Due To Forest Fire: Supreme Court Quashes FIR Against Belgian Citizen

The Supreme Court recently quashed an FIR against a Belgian citizen over the death of 13 trekkers due to a forest fire which took place at the Kerala-Tamil Nadu border in 2018. This trekking expedition was organized and arranged through a website owned by the Belgian citizen, Peter Van Geit. Based on this, the appellant was also embroiled in the matter. Pertinently, he was accused...

Union & Tripura Govts Settle Dispute Over Assam Rifles Land; Supreme Court Disposes Of Suit

In a land dispute (The Assam Rifles Ground) between the Union of India and the State of Tripura, the Apex Court was informed today (on February 2) that a settlement has been reached between the parties. Accordingly, the Division Bench of Justices Hrishikesh Roy and Prashant Kumar Mishra disposed of the matter.Pertinently, the land is in possession of the Assam Rifles. It may be noted that...

'Schools Can't Accept That I Am A Transwoman', Says Terminated Teacher; Supreme Court Expresses Concerns

The Supreme Court on Friday (February 2) expressed concerns over the treatment meted out to a transgender teacher who had been terminated from her appointment by two private schools in Gujarat and Uttar Pradesh.CJI DY Chandrachud who was presiding over the bench hearing a writ petition filed by the teacher challenging her termination, expressed, “Something has to be done for her, the...

Centre Notifies Appointments Of Chief Justices Of Six High Courts

The Central Government has notified the appointments of Chief Justices for 6 High Courts.They are :1. Justice Manindra Mohan Srivastava (presently Acting Chief Justice of Rajasthan High Court) appointed as the Chief Justice of Rajasthan High Court. His parent High Court is Chhattisgarh High Court.2. Justice Ritu Bahri (presently Acting Chief Justice of Punjab and Haryana High Court) appointed...

Deposit Amount Of Damaged Public Property For Bail : Law Commission Gives Recommendations On Tightening PDPP Act

The 22nd Law Commission has come out with a suo-motu Report (No.284) titled "Revisiting the Law on Prevention of Damage to Public Property", recommending amendments in the Prevention of Damage to Public Property Act, 1984.To recap, initially, the Supreme Court had constituted two Committees to look into the issue of destruction of public property. These Committees had submitted their reports...

Supreme Court Asks Litigant To Approach High Court For Preservation Of Protected Monument In Goa

In a public interest litigation initiated for protection of a monument of national importance in Goa, the Supreme Court today granted liberty to the petitioner/Goa Foundation to move the concerned High Court.The Bench of Justices Surya Kant and KV Viswanathan said, "we are satisfied that the appropriate [...] would be firstly to approach the High Court...we are thus not inclined to entertain...