No Separate Domicile For States ; State Reorganization Cannot Take Away Fundamental Right Of Indian Citizens To Reside & Settle In Any Part Of Country: Supreme Court

The Supreme Court observed that there is only one domicile i.e. domicile of the country and there is no separate domicile for a State.The bench of Justices Indira Banerjee and V. Ramasubramanian observed that State Reorganization laws cannot take away from citizens, the right to reside and settle in any part of the country.B. Subba Rayadu held the State Cadre post of Joint Director­ Class A...

NCLT Has Discretion To Not Admit Financial Creditor's CIRP Application? Supreme Court Allows Open Court Hearing For Review

The Supreme Court on Wednesday allowed open court hearing for the review petition filed against the judgment in Vidarbha Industries Power Ltd. vs Axis Bank Limited which held that the National Company Law Tribunal has discretion to not admit the insolvecny application filed by a financial creditor even if the corporate debtor is in default.A bench comprising Justices Indira Banerjee and...

Courts Today- A Daily Round Up Of Important Legal Developments- 14.9.22

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Hijab Verdict Forces Muslim Girls To Choose Between Education & Religion : Aditya Sondhi To Supreme Court [Day 5]

State can't force a citizen to choose between two fundamental rights, the senior counsel argued.

EWS Quota Case - Economic Condition Can't Be Sole Basis To Provide Reservation : Lawyers Argue In Supreme Court [Day 2]

The Supreme Court Constitution Bench, comprising Chief Justice of India UU Lalit, Justices Dinesh Maheshwari, S Ravindra Bhat, Bela M Trivedi and JB Pardiwala, on Wednesday, continued hearings on the cases challenging the constitutional validity of reservation for Economically Weaker Sections. Today's pleadings were commenced by Senior Advocate Prof. Ravi Verma Kumar whose arguments can be...

UPSC Civil Services : Supreme Court Allows 5 Candidates, Who Missed Deadline Due To Delay In University Results, To Appear For Mains Exam

The Supreme Court, on Wednesday, allowed five Civil Services aspirants, whose candidature had been canceled only two days prior to the Civil Services (Mains) Examination, to appear for the same. As per the Civil Services Exam Rules 2022 published by the Union Public Service Commission (UPSC), the candidates who qualify for Mains examination are to fill in a Detailed Application Form-I. For...

False Declaration With Regard To Assets Of A Candidate, His/Her Spouse/Dependents, Constitutes Corrupt Practice: Supreme Court

The Supreme Court observed that a false declaration with regard to the assets of a candidate, his/her spouse or dependents, constitutes corrupt practice irrespective of the impact of such a false declaration on the election of the candidate. The bench of CJI Uday Umesh Lalit, Justices Indira Banerjee and Ajay Rastogi also upheld the power of State Election Commissions to issue...

EWS Quota Arbitrary As It Excludes Poor On The Ground Of Caste; Only Benefits The Privileged : Ravi Verma Kumar To Supreme Court [Day 2]

The Supreme Court Constitution Bench, on Wednesday, continued hearings on the cases challenging the constitutional validity of reservation for Economically Weaker Sections. In the last hearing, submissions were made by Dr. Mohan Gopal, Senior Advocate Meenakshi Arora and Senior Advocate Sanjay Parikh. A detailed report of the submissions can be found here and here. Today's pleadings...

Court Exercising Power U/Sec 9 Arbitration Act Not Strictly Bound By CPC ; Should Not Withhold Interim Relief On Mere Technicality: Supreme Court

The Supreme Court observed that a court exercising power under Section 9 of the Arbitration and Conciliation Act is not strictly bound by provisions of CPC and should not withhold relief on the mere technicality.Proof of actual attempts to deal with, remove or dispose of the property with a view to defeat or delay the realisation of an impending Arbitral Award is not imperative for grant...

Hijab Ban Forces Muslim Girls Out Of Schools, Violates Concept Of Fraternity : Sr Adv Huzefa Ahmadi To Supreme Court [Day 5]

The Supreme Court today continued hearing the batch of petitions challenging the Karnataka High Court's judgment which upheld the ban on wearing hijab by Muslim girl students in some schools and colleges in the State.Today was the fifth day of hearing by bench comprising Justices Hemant Gupta and Sudhanshu Dhulia. It heard Senior Advocate Aditya Sondhi appearing for an intervenor and...

Bail Application Must Be Decided Expeditiously And Not To Be Posted In 'Due Course Of Time': Supreme Court

The Supreme Court reiterated that bail applications must be decided as expeditiously as possible and not to be posted in due course of time.The bench comprising Justices Ajay Rastogi and BV Nagarathna observed thus while considering a Special Leave Petition against an order passed by Chhattisgarh High Court dismissing an interim relief prayed in an anticipatory bail application. The High...

Supreme Court Allows Amendment Of BCCI Constitution; Cooling Off Period Only After Two Consecutive Terms At BCCI Or State Association For Respective Levels

The Supreme Court, on Wednesday, allowed the amendments proposed to the Constitution of the Board of Cricket Control of India (BCCI) to relax the mandatory cooling off period requirement.Now, the cooling off period of 3 years will apply only if a person serves two consecutive terms at the BCCI or the State Association. Also, the cooling off period requirement will apply at that particular...