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Prior Executive Decision Doesn't Bar Legislature From Taking Contrary View : Supreme Court
The Supreme Court observed that a person cannot claim any enforceable legal right based on an executive action that is later modified by the state legislature in the larger public interest.In essence, the Court stated that neither a right to legitimate expectation nor promissory estoppel can be asserted based on executive actions that the legislature subsequently changes in the...
Kerala High Court Resolves To Revise Selection Rules For Civil Judge (Junior Division), Minimum Three Years Of Practise Needed To Apply
In a Full Court meeting of judges, the Kerala High Court has resolved to carry out amendments in the Selection Rules for appointment to the post of Civil Judge (Junior Division), specifying a requirement of minimum of three years of practise as an Advocate to apply for the Kerala Judicial Service Examination. This means that aspiring candidates must have practised as an Advocate for at...
Machinery Needed To Verify If Tree Fellings In Delhi Are In Compliance With Court Orders : Supreme Court
The Supreme Court on Friday (July 19) stressed the need to set up a machinery to verify compliance with the orders passed by it regarding the felling of trees.The matter was before a bench of Justices Abhay S Oka and AG Masih, which expressed that there was a need to verify whether or not the conditions being imposed by the court, while permitting tree-felling, were being complied with, else...
Applicability Of CrPC After July 1, 2024: A Conflict In The Twilight Zone
Within days of coming into force, the much celebrated new criminal laws which repealed the "colonial remnants" have provoked a legal conundrum qua their applicability to offences registered prior to July 1, 2024.There is also uncertainty regarding applicability of the old statues to proceedings after the said date. This article is an attempt to dissect some of these issues.If an offence...
Shed Paternalistic Approach Towards Junior Lawyers; Pay Them Adequately: CJI DY Chandrachud
Chief Justice of India Dr DY Chandrachud inaugurated on July 20 the Vigentennial Celebrations organized at Madurai Convention Centre, Madras to mark the completion of 20 years since the establishment of the Madurai Bench as a permanent bench of the Madras High Court.Besides the CJI, the event was graced by various dignitaries, including (i) Supreme Court judges - Justice BR Gavai, Justice...
Supreme Court Monthly Digest May 2024
Citations 2024 LiveLaw (SC) 340 to 2024 LiveLaw (SC) 414AdvertisementGuidelines for Prevention of Misleading Advertisements and Endorsements of Misleading Advertisements, 2022; Guideline No. 8, 12 & 13 – Held, advertisers/advertising agencies and endorsers are equally responsible for issuing false and misleading advertisements. Such endorsements that are routinely made by public...
Proceedings For Cheque Dishonour U/s. 138 NI Act Do Not Constitute Continuing Cause Of Action To Initiate Arbitration: Supreme Court
The Supreme Court recently observed that initiation of proceedings under the Negotiable Instruments Act, 1881 for cheque dishonour does not constitute continuing cause of action for initiating arbitration under the Arbitration and Conciliation Act, 1996 (A&C Act).A bench of Chief Justice of India DY Chandrachud, Justice JB Pardiwala, and Justice Manoj Misra dismissed an arbitration...
Vendor Cannot Execute Second Sale Deed While First Sale Deed Executed Over Same Plot Is Pending Registration: Supreme Court
The Supreme Court recently held that a vendor who has executed a sale deed cannot execute another deed with respect to the same plot just because the first sale deed is pending registration. The moment a deed is executed, the vendor loses all rights over the property and he cannot claim any right just because the deed has not been registered, it further stated.The Court also opined that the...
Dawood Ibrahim Is A Terrorist In Individual Capacity, Gang Association With Him Not Punishable Under UAPA: Bombay High Court
In a significant order, the Bombay High Court has held that the Central Government under its powers has declared underworld gangster Dawood Ibrahim, a terrorist in his "individual capacity" and thus any association of any person with him or the D-Company, would not attract punishment for being member of a terrorist organisation under section 20 of the Unlawful Activities (Prevention) Act...
Bail Under NDPS Act Should Not Be Granted Solely Because Accused Is Suffering From HIV: Supreme Court
The Supreme Court, recently, while overturning the bail granted to an accused under the NDPS Act on the ground that she is suffering from HIV, stressed on the mandate of Section 37 of the Act. As per Section 37, bail should not be granted to an accused unless the accused is able to satisfy twin conditions: reasonable ground for believing that the accused is not guilty of such an offence...
Supreme Court Issues Notice On Kaumi Insaf Morcha's Plea Challenging HC Order Against Mohali-Chandigarh Protests
The Supreme Court today issued notice on a plea filed by Kaumi Insaf Morcha against an order of the Punjab and Haryana High Court relating to the blocking of roads at Mohali-Chandigarh border by protestors seeking release of Sikh prisoners.The matter was before a bench of Justices BR Gavai, KV Viswanathan and N Kotiswar Singh, which tagged it with a pending case of similar nature.To...
Israel's Continued Presence In Occupied Palestinian Territory Unlawful: International Court Of Justice
The International Court of Justice (ICJ) has opined that Israel's continued occupation of the Occupied Palestinian Territory is illegal, and Israel is obligated to end its occupation and make reparations to all affected persons.The Court arrived at this conclusion in its Advisory Opinion on the “Legal Consequences arising from the Policies and Practices of Israel in the Occupied...