Article 370 Case | Jammu & Kashmir's Surrender Of Sovereignty To India Was Absolutely Complete, Says Supreme Court During Hearing[Day 5]

The Court remarked that the restrictions on the law making power of the Parliament cannot be construed as dilution of India's sovereignty.

Supreme Court Stays Demolition Of Coke Plants Ordered By Deputy Commissioner In Meghalaya

The Supreme Court on Monday issued notice and stayed the demolition of coke plants as directed by Deputy Commissioner, West Khasi Hills District in Meghalaya. It’s accompanied by a directive for the Deputy Commissioner to seal the coke plants, effectively rendering them non-functional until further notice.Earlier in December 2022, based on a PIL, the Meghalaya High Court had ordered that...

UPSC Civil Service Exam : Supreme Court Issues Notice On Plea By 3 Candidates Who Were Denied EWS Reservation Due To Error In Certificate

The Supreme Court on Monday issued notice on a petition filed 3 civil service aspirants who contended that they were denied reservation under the Economically Weaker Section (EWS) category due to a clerical error made in the Certificate by the competent authority. The petitioners said that they were not selected in the Civil Services Examination conducted by the Union Public Services...

Section 41A CrPC Not Applicable To Arrest Made Under PMLA: Supreme Court

The Supreme Court on Monday while dismissing Tamil Nadu Minister Senthil Balaji's plea challenging custody by Enforcement Directorate in the money laundering case, held that Section 41A of the Code of Criminal Procedure, 1973 (Notice of appearance before police officer) would not apply to an arrest made under the Prevention Of Money Laundering Act, 2002."Section 41A of the CrPC, 1973 has got...

'Governor Can't Enter Political Arena, Floor Test Not To Decide Intra-Party Disputes ' : Supreme Court Slams Maharashtra Governor

In relation to the Maharashtra political crisis, the Supreme Court today held that decision taken by the Governor to call for a floor test based on the rebellion of Eknath Shinde-led faction and to direct then CM Uddhav Thackeray to prove his majority on the floor of the House, was wrong.A Constitution bench comprising Chief Justice of India DY Chandrachud, Justice MR Shah, Justice...

TN Highways Act Can't Be Invalidated Due To Variance From RFCTLARR Act As It Has Received President's Assent : Supreme Court

The Supreme Court on Tuesday held that the Tamil Nadu Highways Act 2001 cannot be invalidated on the ground that is provisions are at variance from the Right to Fair Compensation and Transparency in Land Acquisition; Rehabilitation and Resettlement Act, 2013. Since the Tamil Nadu Act has received the assent of the President under Article 254(2) of the Constitution of India, there is no basis...

IBC| Principle Of Commercial Wisdom Not Validate A Decision Taken By CoC In Contravention Of Law : Supreme Court

The Supreme Court has held that the principle of ‘Commercial Wisdom’ of the Committee of Creditors (“CoC”) cannot brush aside the shortcomings of the CoC in cases where decision making was done in contravention to a law which is in force for the time being. The Bench comprising of Justice Dinesh Maheshwari and Justice Vikram Nath, while adjudicating an appeal filed in...

IBC| Ineligibility Of Resolution Applicant As Per S.164(2)(b) Companies Act Can't Be Presumed Unless Competent Authority Declares Disqualification: Supreme Court

The Supreme Court has held that a resolution applicant cannot be rendered ineligible to submit a resolution plan under the Insolvency and Bankruptcy Code, 2016 (“IBC”), by assuming his/her disqualification under Section 164(2)(b) of the Companies Act, 2013, unless a categorical order disqualifying him/her to act as a director of any company is passed by...

‘Court Not To Sermonise On Morality’ : SC Allows Premature Release Of Woman Convicted For Killing Sons While Attempting Suicide

Noting at the appellant had already suffered at the cruel hands of fate, the Supreme Court of India recently set aside the order of the Tamil Nadu government rejecting a convict-mother’s prayer for premature release, who poisoned her two children. “Thus, this Court feels that there is no valid reason/justifiable ground for the State not accepting the recommendation of the State...

'Gives Arbitrary Powers To Police' : Supreme Court Upholds Quashing Of TN Decision To Constitute Anti-Land Grabbing Cell

Stating that the powers can be abused by police, the Supreme Court has upheld the decision of Madras High Court to set aside 2011 Tamil Nadu’s government order wherein it had constituted Land Grabbing Special Cells without defining land grabbing cases.The bench of Justice M.R Shah and Justice B.V Nagarathna said that, “In absence of any guidelines and/or definition as to which cases...

Supreme Court Dismisses Plea To Restore Concession In Railway Tickets For Senior Citizens

The Supreme Court on Friday rejected a plea seeking the restoration of concession in Railway ticket prices for senior citizens. A Bench of Justices Sanjay Kishan Kaul and Ahsanuddin Amanullah, while rejecting the petition moved a party-in-person, observed, "In view of the aforesaid reasons and the matter involving a fiscal issue, it won't be appropriate for this Court to issue a...

You Are Not Exactly Selling “Amrit”!: Supreme Court To Parties Supporting Madras HC Order Quashing Ban On Chewing Tobacco

“You are not exactly selling "Amrit"!”, the Supreme Court of India observed while hearing the challenge against the Madras High Court order which quashed the ban imposed by the Tamil Nadu government against gutka, pan masala, chewing tobacco and the like. The comment was made by a Bench of Justices KM Joseph and B V Nagarathna, pointing to the Respondents who appeared in...