Specific Performance Cannot Be Granted Against Defendant By Compelling Him To Enter Into Agreement With A Third Party: Supreme Court

The Supreme Court observed that a Court cannot grant the relief of specific performance against a person compelling him to enter into an agreement with a third party and seek specific relief against such a third party.In this case, the specific performance of the Agreement in question comprised of two parts namely, (i) the defendant entering into an agreement with his...

No Power To De-recognize Political Party If Its Members Make Hate Speeches : Election Commission To Supreme Court

The Election Commission of India has told the Supreme Court that it does not have the legal power to withdraw the recognition of a political party or disqualify its members, if a party or its members indulge in hate-speech.In the counter-affidavit filed in response to a PIL seeking measures to curb hate speech, the Commission pointed out that the Supreme Court had in the case Pravasai...

No Adequate Time To Hear Miscellaneous Matters In New Listing System : Supreme Court Bench

A Supreme Court bench comprising Justices Sanjay Kishan Kaul and Abhay Oka has observed that the new listing system leaves less time to hear miscellaneous hearing matters.According to the new listing system, regular hearing matters are taken in the forenoon session and miscellaneous matters are listed in the afternoon session on non-miscellaneous days (Tuesdays, Wednesdays and...

Courts Today- A Daily Round Up Of Important Legal Developments- 13.9.22

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"There's A Grey Area On Legality Of Bitcoins", Says Supreme Court While Hearing Plea Of GainBitcoin Scam Accused

While hearing a hearing filed by Ajay Bharadwaj, one of the Accused in the GainBitcoin scam, the Supreme Court once again questioned the Centre regarding the legality of Bitcoin transactions. "There's a grey area on legality of bitcoins. Interim protection extension can be confirmed..its your prerogative. If you declare it as illegal, it's up to you... ", a bench comprising of Justices ...

SCBA President Writes To CJI UU Lalit Regarding Allotment Of Space For Lawyers

The President of the Supreme Court Bar Association Senior Advocate Vikas Singh has written a letter addressed to the Chief Justice of India U. U. Lalit regarding certain issues.Allocation of Additional Space to the SCBAThe SCBA President in his letter requested the Chief Justice of India to allocate adequate space in the Annexe Building to the SCBA to provide for a library, a lunch...

Social Media Thinks That Every Remark Of A Judge Is Judgment: Justice DY Chandrachud

On Tuesday, Supreme Court Judge, Justice D.Y. Chandrachud, clarified that the oral remarks made during the course of the hearing are merely for opening up channels for deliberation and ought not to be treated as judgments of the Court. The Judge was concerned that the social media users often fail to appreciate the difference between the two. "When we say it will serve it we are not saying...

"School Register Not Primary Proof Of Birth Date" : Kapil Sibal To Supreme Court In Plea Of Azam Khan's Son Against Setting Aside Of Election

A Division Bench of the Supreme Court of India on Tuesday began to hear the challenge against a decision of the Allahabad High Court to disqualify Mohd. Abdullah Azam Khan, son of SP leader Azam Khan, for allegedly not having attained the age of 25 years on the date of the election as prescribed in Article 173(b) of the Constitution. In 2019, the Allahabad High Court struck a major blow to...

EWS Quota : Reservation Is Not For Poverty Alleviation, But To Correct Historic Injustices - Lawyers Argue In Supreme Court [Day 1]

The Supreme Court Constitution Bench, on Tuesday, commenced the hearing on the cases challenging the constitutional validity of reservation for Economically Weaker Sections. In the last hearing, the 5-judge bench comprising Chief Justice of India UU Lalit, Justices Dinesh Maheshwari, S Ravindra Bhat, Bela M Trivedi and JB Pardiwala had proposed to complete the hearing on the matter in...

Supreme Court Starts Hearing BCCI Plea To Amend Constitution, Amicus Curiae Suggests Relaxation Of Cooling Off Period Requirement

The Supreme Court, on Tuesday, commenced with the hearing of the plea seeking permission to amend the constitution of the Board of Cricket Control of India (BCCI), to do away with the cooling-off period of three years after six years of holding position as an office-bearer of a State Association or the BCCI or combination of both. Appearing before a Bench comprising Justices...

Supreme Court Upholds Tamil Nadu GO Fixing 50% Marks For Eligibility To Undergo TTC Course For Appointment In State

The Supreme Court upheld a Tamil Nadu Government Order fixing 50% marks in SSLC for eligibility to undergo Teachers' Training Certificate Course for appointment in the State.The State Government, in exercise of its Executive Power, can determine the minimum eligibility conditions of the marks for appointment, the bench comprising Justices Hemant Gupta and Sudhanshu Dhulia observed.In this case,...

Right To Contest Election Not A Fundamental Right ; It Is Only A Right Conferred By Statute: Supreme Court

The Supreme Court observed that the right to contest an election is not a fundamental right but only a right conferred by a statute.An individual cannot claim that he has a right to contest election and the said stipulation violates his fundamental right, so as to file his nomination without any proposer as is required under the Act, the bench comprising Justices Hemant Gupta and Sudhanshu...