Top Three News
SARFAESI Proceedings Not Invalidated On Mere Failure Of Bank In Giving Reply To Objections If Borrower's Proposals Were Otherwise Considered : Supreme Court
The Supreme Court held that failure to furnish reply by the creditor as per the mandate of Section 13(3A) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act) would not entitle the debtor of discretionary relief, if the Court is satisfied that the creditor has considered the debtor's representation and...
'Distressing That All 5 DRATs Are Non-Functional' : Bombay HC Issues Suo Motu Directions For Stay Of DRT Orders From Maharashtra
"The situation is distressing to say the least," the Bombay High Court observed about all five Debt Recovery Appellate Tribunal (DRAT) in the country lying vacant and issued "suo motu" directions for litigants of DRAT (Mumbai). "The net result of such vacancies is that the rights of parties to have access to justice by approaching the DRATs have been abrogated..," the court said....
Builder Can't Be Asked To Raze Down Validly Constructed Structures Due To Later Changes In Environmental Clearance Law : Supreme Court
"A Project Proponent is not expected to anticipate the changes in EC regimes, especially as a result of judicial interventions, and keep revisiting the sanctioned clearances by the competent authority or even raze down validly constructed structures"
Right Against Sexual Harassment Part Of Right To Life & Dignity Under Article 21 : Supreme Court
The Supreme Court on Friday observed that the right against sexual harassment is vested in all persons as a part of their right to life and right to dignity under Article 21 of the Constitution. The Court stressed that it is important that that the spirit of this right is upheld instead of rejecting sexual harassment complaints on "hyper-technical" grounds.The Court highlighted that the...
Expert Advice Based On Scientific Study Cannot Be Substituted By A Judgment Of Constitutional Courts: Kerala HC While Upholding 84 Days Dose Interval For Covishield
Reversing a Single Judge decision, the Kerala High Court on Friday delivered a significant decision ruling that the second dose of the COVISHIELD vaccine can only be administered after the prescribed dose interval of 84 days. In its 94-paged judgment, a Division Bench of Chief Justice S Manikumar and Justice Shaji P Chaly has elaborated on why the decision of the Centre to decline relaxation...
Karnataka High Court Stays Holding Of Bar Council Of India Elections For Chairman & Other Office Bearers
The Karnataka High Court has passed an interim order staying the holding of elections on December 4 or to any other adjourned date to the office of the Chairman, Vice-Chairman and Executive Members of the Bar Council of India.The High Court passed the order in a writ petition by Advocate Sadashiva Reddy YR, a member of the BCI from the Karnataka State Bar Council, challenging the BCI...
Can A Person Enrol As Advocate Without Giving Up Other Job? Supreme Court To Examine BCI's Challenge Against Gujarat HC Judgment
The Supreme Court on Friday agreed to hear the special leave petition filed by the Bar Council of India challenging the November 2020 judgment of the Gujarat High Court which allowed persons with other employments, whether full-time or part-time, to enrol as Advocates without resigning from their jobs.A bench comprising Justices Sanjay Kishan Kaul and MM Sundresh however turned down the...
Persons With Disabilities Should Not Be Asked to Remove Prosthetic Limbs At Airport Security Checks : Supreme Court
In a petition filed to ensure convenient air travel for persons with disabilities, the Supreme Court of India on Wednesday observed that differently abled persons with prosthetic limbs/calipers should not be asked to remove the prosthetics at airport security checks so as to maintain human dignity.The Court also observed that lifting a person with disability during air travel or security...
Pension Shall Be Determined On Rules Existing At The Time Of Retirement: Supreme Court
The Supreme Court has observed that the pension payable to an employee on retirement shall be determined on the rules existing at the time of retirement. The Court also observed that the law did not allow the employer to apply the rules differently in relation to persons who are similarly situated.The bench of Justices MR Shah and BV Nagarathna in the present matter was considering a...
Father Responsible To Maintain Child Till Adulthood : Supreme Court
The liability and responsibility of the father to maintain the child continues till the child/son attains the age of majority, the Supreme Court observed in a judgment dissolving marriage of a couple."It also cannot be disputed that the son has a right to be maintained as per the status of his father", the Court added.Further, the court said that a child should not be made to suffer due...