'Sealed Cover Procedure Fundamentally Against Judicial Process, Want To End It' : Supreme Court To Centre In OROP Case

The Supreme Court on Monday refused to accept the sealed cover note submitted by the Central Government in the matter relating to disbursal of pension arrears to retired defence personnel under the One Rank One Pension (OROP) scheme.On the previous occasions, the Defence Ministry had come under the fire of the Supreme Court for not adhering to the timelines for disbursing the OROP...

When Loan Has Been Repaid, Bank Can't Withhold Title Documents Merely Because Borrower Transferred Mortgaged Property : Kerala High Court

The Kerala High Court on Friday held that a bank could not retain the security documents related to a mortgaged property if the loan amount has been paid in full by the borrower, merely because during term of the mortgage, it was alienated to a third party by the borrower. A single bench of Justice Shaji P Chaly held that : “merely because the property was transferred by the petitioner...

Disability Rights & CLAT | Supreme Court Passes Further Guidelines To Ensure Access To CLAT For Candidates With Disabilities

The Supreme Court of India on Friday passed guidelines to ensure better accessibility for candidates with disability to appear in CLAT examination. The bench comprising CJI DY Chandrachud, Justice PS Narasimha, and Justice JB Pardiwala was hearing a plea challenging the stringent conditions imposed by CLAT consortium on persons with disabilities intending to avail scribes.Earlier, the court...

Article 30 - Minority Educational Institution Cannot Claim Exemption From Admission & Fee Regulatory Committee : Supreme Court

The Supreme Court has held that a minority educational institution cannot claim complete immunity from the exercise undertaken by the Admission and Fee Regulatory Committee by claiming protection under Article 30(1) of the Constitution of India.The Court was deciding the issue whether a minority educational institution in the State of Madhya Pradesh is required to get the fees charged by it...

Insolvency Resolution Of Company Will Not Extinguish Director's Liability Under Section 138 NI Act : Supreme Court

The approval of resolution plan of a corporate debtor under the Insolvency and Bankruptcy Code 2016 will not extinguish the criminal liability of its erstwhile director under Section 138 of the Negotiable Instruments Act 1881, held the Supreme Court.A bench comprising Justices Sanjay Kishan Kaul, Abhay S Oka and JB Pardiwala held that the company's director cannot seek discharge from N.I....

CJI DY Chandrachud Announces Plan To Release Glossary Of Inappropriate Gendered Terms Used in Legal Discourse

Plans for releasing a legal glossary of inappropriate gendered terms used in legal discourse and creating a large space reserved for women lawyers in the Supreme Court annexe building are in the pipeline, revealed Chief Justice of India DY Chandrachud on Wednesday, while speaking at an event organised by the Gender Sensitisation and Internal Complaints Committee of the top court for a...

Must Ensure Zero Tolerance For Inappropriate Behaviour Towards Women, Sexist Language & Unsavoury Jokes : CJI DY Chandrachud

There must be zero tolerance for sexual harassment and inappropriate behaviour towards women, inappropriate language targeting women, and even inappropriate jokes at the expense of women, said Chief Justice of India DY Chandrachud. Justice Chandrachud was speaking on Wednesday at an event organised by the Gender Sensitisation and Internal Complaints Committee of the Supreme Court for...

Will Can't Be Presumed To Be Genuine Merely Because It Is Aged More Than 30 Years Old : Supreme Court

The Supreme Court has held that the presumption under Section 90 of the Indian Evidence Act regarding the genuineness of documents aged more that thirty years old is not applicable to a will."wills cannot be proved only on the basis of their age – the presumption under Section 90 as to the regularity of documents more than 30 years of age is inapplicable when it comes to proof of wills",...

Breaking: BCI Permits Foreign Lawyers & Firms To Practice Foreign Law, Diverse International Law And International Arbitration Matters In India

In a pathbreaking development, the Bar Council of India has decided to permit foreign lawyers and law firms to practice foreign law in India on reciprocity basis. The areas of practice of law by a foreign lawyer or Foreign Law Firm shall be laid down by Bar Council of India, in consultation with the Law Ministry, if need be.It has notified the Bar Council of India Rules for Registration...

Article 226(2) - Supreme Court Explains Tests To Determine If Cause Of Action Has Arisen Within Jurisdiction Of High Court

In a notable judgment explaining the concept of 'cause of action' under Article 226(2) of the Constitution of India, the Supreme Court held that only those facts, which are relevant to the grant of the relief, will give rise to 'cause of action'. Applying this principle, the Court held that a company cannot challenge a GST notification issued by one state before a High Court located in...

Don't Mention Caste Of Parties In Cause Titles Of Judgements: Supreme Court To Trial Courts

The Supreme Court of India on Tuesday clarified that the caste of parties shouldn’t be mentioned in the cause titles of judgements. A bench of Justices Abhay Shreeniwas Oka and Rajesh Bindal advised Trial Courts to refrain from continuing the practise of adding one's caste next to the name in the cause titles. “We may note here that in the cause title of the judgement...

Juvenile Directed To Be Tried As Adult Can Seek Bail From Children's Court U/S 12 JJ Act, Need Not Resort To CrPC: Karnataka High Court

The Karnataka High Court has made it clear that once an order is passed under Section 15 of the Juvenile Justice (Care and Protection of Children) Act, holding that a child in conflict with law is required to be tried for heinous offences as an adult, the JJ Board has no jurisdiction to consider the bail application pending before it.A single judge bench of Justice S Vishwajith Shetty...