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Executive Acting In Breach Of Judgments Would Be Invitation To Anarchy: Supreme Court

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In a strong reprimand to Centre, the Supreme Court just recently on 7 December 2020 has in a latest, learned, laudable and landmark judgment titled KK Agarwal vs Sanjiv Nandan Sahai [CONMT.PET.(C) No. 429/2020 in C.A. No. 14697/2015] has led from the front in pulling up the Central Government for not appointing law member in […]

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Dismissal of SLP Has No Consequence On Question Of Law: SC

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           It is good to learn that the Supreme Court most recently on December 3, 2020 in a latest, learned, laudable and landmark judgment titled Inderjeet Singh Sodhi vs Chairman, Punjab State Electricity Board [Civil Appeal No. 3837 of 2020] (@ SLP(C) No. 23877 of 2014) has cogently, categorically and convincingly […]

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Default Bail Granted Can Be Cancelled By High Court U/s 439(2) CrPC: SC

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 In a latest, landmark and laudable judgment titled Venkatesan Balasubramaniyan vs. The Intelligence Officer, D.R.I. Bangalore in Criminal Appeal No. 801 of 2020 (arising out of SLP(Crl.) No. 1820/2019 along with two other Criminal Appeals delivered most recently on November 20, 2020, the Apex Court has clearly, categorically and convincingly held that a ‘default bail’ […]

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Unfortunate That Provisions For Probation Are Not Much Utilized By Courts: Allahabad HC

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Allahabad HC : Grants Probation In 28 Years Old Case For Attempt To Homicide In a latest, landmark and extremely laudable judgment titled Ramdas Harijan & Ors. Vs. State of UP in Criminal Appeal 2012 of 2003 reserved on December 11, 2019 and delivered on January 6, 2020, the Allahabad High Court has very rightly […]

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Condition Of Lady Advocates Vulnerable: Lawyer Approaches Supreme Court Seeking CBI Enquiry In Darvesh Yadav Murder Case

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To start with, a woman advocate named Ms Indu Kaul who is a regularly practising lady advocate duly entered on the roll of bar Council of Delhi under Advocates Act, 1961  has approached the Supreme Court by filing a Public Interest Litigation (PIL) seeking CBI enquiry in the murder case of Ms Darvesh Yadav who […]

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Plaintiff Cannot Be Forced To Add Parties Against Whom He Does Not Want To Fight: Supreme Court

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It is worth noting and worth mentioning that in a latest, landmark and laudable judgment titled Gurmit Singh Bhatia Vs Kiran Kant Robinson and others in Civil Appeal Nos. 5522-5523 of 2019 delivered on July 17, 2019, the Supreme Court while exercising its civil appellate jurisdiction has reiterated that, in a suit, the plaintiff is the dominus […]

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Courts Cannot Decide Eligibility And Essential Qualifications For Employment: Supreme Court

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At the outset, it would be imperative to mention that in a laudable, landmark and latest judgment delivered on May 3, 2019, the Supreme Court has laid down in no uncertain terms that the courts cannot decide eligibility and essential qualifications for employment. That is certainly also not the job of the Court! In this […]

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Supreme Court sets aside merger order of NSEL with 63 moons technologies limited .

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Judgment dated 30.04.2019 passed by the Hon. Supreme Court in 63 moons technologies limited (formerly, FTIL) Vs Union of India & Others Vide a detailed judgment dated 30.04.2019, the Hon’ble Supreme Court of India was pleased to hold that the Order dated 12.02.2016 of forced amalgamation passed by the Central Government, was ultra vires of […]

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Sex After Obtaining Consent By False Promise To Marry Is Rape: Supreme Court.

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  It is significant to note that the Supreme Court most recently on April 9, 2019 has very strongly and sternly reiterated in a latest, landmark and laudable judgment titled Anurag Soni v. State of Chhattisgarh in Criminal Appeal No. 629 of 2019 (Arising out of SLP(Criminal) No. 618/2019) has reiterated in no uncertain terms […]

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Supreme Court Designates 37 Lawyers As Senior Advocates

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      In a major and significant development, the Supreme Court which is the highest court in India has for the second time designated 37 lawyers as “Senior Advocates”. It goes without saying that it is a big honour for all these 37 lawyers to be designated as “Senior Advocates”. But then they deserve […]

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All Tribunals Should Be Brought Under One Nodal Agency To Ensure Efficient Functioning” : Supreme Court

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“While there cannot be a doubt that to streamline the task of their efficient functioning, the tribunals should be under a nodal agency, as observed in L. Chandra Kumar, we would like the government of India to let the court have the benefit of its views on affidavit by the competent authority”,states the Order In […]

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Remand Order Cannot Be Challenged In Habeas Corpus Petition: Supreme Court

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The Supreme Court has observed that the act of directing remand of an accused is a judicial function and the challenge to the order of remand is not to be entertained in a habeas corpus petition. While allowing the appeal filed by Serious Fraud Investigation Office against the Delhi High Court order in a habeas […]

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Supreme Court Reiterates Basic Principles Of Judicial Review Of Administrative Decisions

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“Judicial review under Article 226 is directed, not against the decision, but the decision making process.” The Supreme Court, in a judgment delivered on Thursday, reiterated some basic principles of judicial review of administrative decisions. The bench comprising Justice R. Banumathi and Justice Indira Banerjee were considering an appeal (Sarvepalli Ramaiah vs. The District Collector, […]

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Mere Inability To Repay Loan Does Not Constitute Cheating: SC

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    It has to be acknowledged, appreciated and applauded right at the outset that in a landmark and laudable judgment titled Satishchandra Ratanlal Shah v State of Gujarat and another in Criminal Appeal No. 9 of 2019 [arising out of SLP (Cri) No. 5223 of 2018] delivered on January 3, 2019 held explicitly that […]

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PILs IN THE SUPREME COURT OF INDIA…!!!

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PIL that is the “Public Interest Litigation” is directly filed by an individual or group of people in the Supreme Court of India and High Courts of India and judicial magistrate. It was felt that their interests are undermined by the government.In such a situation, the court directly accepts the public good. It is a […]

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Offences Under Section 307 IPC Can’t Be Quashed On The Basis Of Settlement Between Parties: SC

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                      To begin with, it has to be appreciated, applauded and admired that after a long spell of time we finally see that the Supreme Court which is the top court of India has finally in the latest landmark case titled State of Madhya Pradesh […]

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People dying in illegal high-rises having no occupancy certificate: SC

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Taking strong note of the recent fire incident in a posh Mumbai high-rise that claimed four lives, the Supreme Court said the people were dying in such illegally-constructed buildings which had no relevant certificates or clearances. It also referred to the incidents of Bawana factory in Delhi and the Kamala Mills in Mumbai and said […]

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SC reserves verdict on pleas for live streaming of court proceedings

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The Supreme Court today asked the South Delhi Municipal Corporation (SDMC) not to proceed with the implementation of the amended Delhi Master Plan till the next hearing on the issue. A bench of Justices M B Lokur and Deepak Gupta asked Additional Solicitor General ANS Nadkarni to advise the Centre not to enforce, through the […]

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Alwar Lynching: Supreme Court seeks, Rajasthan Government reply on contempt plea

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NEW DELHI: The Supreme Court bench headed by Chief Justice Dipak Misra today, sought explanation from Vasundhara Raje led Rajasthan government over the issue pertaining to Akbar alias Rakbar who was attacked by alleged cow vigilantes in Ramgarh, Alwar, due to suspicion of being a cow smuggler. A bench of  Chief Justice Dipak Misra, Justices A.M. […]

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Adityanath hate speech : Supreme Court Serves notice to UP Government

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NEW DELHI: The Supreme Court on Monday asked the Uttar Pradesh government to explain in four weeks why Chief Minister Yogi Adityanath should not be prosecuted for an alleged hate speech he gave in 2007 in Gorakhpur. A Supreme Court bench comprising Chief Justice of India Dipak Misra asked the government to reply as to […]

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Supreme Court directs Disaster Management sub-committee, for decrease in water level at Mullaperiyar Dam

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NEW DELHI: The Supreme Court of India directed Disaster Management sub-committee of Mullaperiyar Dam to consider reducing the water level up to 139 feet from the present 142 feet. A bench of Chief Justice Dipak Misra and Justice Indu Malhotra took a serious note of the grim flood situation in Kerala and asked the sub-committee to hold an […]

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Supreme Court, asks Lieutenant Governor of Delhi, to take appropriate steps to clear garbage

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NEW DELHI: The Supreme Court has asked the Lieutenant Governor (LG) of Delhi to make a collaborative effort with the help of civil society and resident welfare associations to clear Delhi of its garbage. A three-judge Bench led by Justice Madan B. Lokur turned to the LG after, in a previous hearing, voicing its exasperation […]

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Creamy layer cannot be applied to deny benefits of quota in pramotion, Centre to Supreme Court

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NEW DELHI: A court verdict of 2006 had held that the ‘creamy layer’ concept cannot be applied to SC/ST persons for promotions in government jobs. The apex court had on July 11 refused to pass any interim order against its 2006 verdict and said that a five-judge bench would first see whether it needs to […]

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