Lack of facilities, teachers led to cancellation of 2022-2023 admissions; CLAT to cover NLU Tripura Admissions from 2024-2025 onwards: SC
NLU, Tripura is ready for fresh admissions in 2023-2024 with all the available facilities.
SC
‘No indefeasible right to appointment in case of fresh vacancy if candidate secured merit position previously’: SC
A candidate who had secured the merit rank in 2007 in higher judicial service recruitment examination was seeking appointment to the post, alleging that the post cannot be kept vacant in arbitrary manner once a selected candidate resigns from post.
SC discusses scope of Judicial Interference with arbitral awards under Section 34 of A&C Act
“Arbitration is a private form of dispute resolution, however, the arbitral proceedings must meet the juristic requirements of due process and procedural fairness and reasonableness, to achieve a ‘judicially’ sound and objective outcome or award”.
1 yr Pilot study period of Special Courts for Expeditious trials under S. 138 NI Act expires; SC to hear plea for further directions
In a suo motu petition for expeditious trial of cases under Section 138 of the NI Act, the Supreme Court directed for creation of Special Courts with retired judicial/administrative officers, as a pilot study for a period of one year from 01-09-2022 to 31-08-2023.
SC explains Object and Purpose of inclusion of Sec. 10-A of MMDR Act by MMDR Amendment Act, 2015
“Section 10A(1) of the Mines and Minerals (Development and Regulation) Act, 1957 mandates that all applications received prior to 12-01-2015 shall become ineligible”.
SC acquits murder convict on ground of insanity; Sets aside HC’s life sentence verdict for murdering grandfather
“If the conclusion of the Trial Court is a plausible one, merely because another view is possible on reappreciation of evidence, the Appellate Court should not disturb the findings of acquittal and substitute its own findings to convict the accused”.
Breaking down Supreme Court’s explanation on grant of divorce on grounds of ‘cruelty’ under Hindu Marriage Act
“What is cruelty for a woman, may not be cruelty for a man, and hence, a more elastic and broad approach is required when a wife seeks divorce.”
Onus of proof in disciplinary proceedings depends on nature of charge and explanation put forth by Employee: SC
“If the records of the enquiry officer reveal that the findings are based on some evidence, it is not the function of the Court in a judicial review to re-appreciate the same and arrive at an independent finding on the evidence”.
Whether debt was barred by limitation or not in cheque bounce cases, is a question of evidence: SC
“The question of debt barred by limitation is to be decided on basis of evidence as, limitation is a mixed question of law and fact”.
Supreme Court lays down tests for deciding legality of preventive detention orders
The Court also revisited the difference between disturbances relatable to ‘law and order’ and disturbances caused to ‘public order’ and said that it is trite that breach of law in all cases does not lead to public disorder.
Abrogation of Article 370 | Supreme Court Constitution Bench reserves verdict
The hearing of the matter began on 02-08-2023 and was concluded on 05-09-2023.
Supreme Court Roundup August 2023 | Modi Surname Defamation; Ex-RJD MP conviction; Dying Declaration; Arnesh Kumar guidelines; Dissenting Opinion in Arbitration, and more
Take a round of the Supreme Court's Judgments and Recommendations of the Collegium in the month of August along with some top stories on Rahul Gandhi's conviction, V Senthil Balaji, Manipur Violence and much more.
Whether Customs Act creates a first charge, overriding the charge in favour of secured creditor? SC answers
“Provisions in the Customs Act, 1962 do not negate or override the statutory preference in terms of Section 529A of the Companies Act, 2013”.
‘Criminal antecedents of accused cannot be sole consideration to decline quashment of proceedings’; SC Observes
“FIR in a criminal case is an extremely vital and valuable piece of evidence for the purpose of corroborating the oral evidence adduced at the trial and the delay in the registration of the FIR, by itself, cannot be a ground for quashing of the FIR”.
Premature Release of Convicts | SC discusses judicial involvement in Grant of Remission
“If the view of the Presiding Judge, based on the judicial record, is mechanically followed, then the discretion of the executive empowered with execution of the sentence, would be denuded of its content”.
Dissenting Opinion in Arbitration cannot be treated as an award if majority award is set aside: Supreme Court
“Dissenting opinion of arbitrators might provide useful clues during procedural issues, which forms a critical part when the hearings are challenged”.
Supreme Court Ruling on the Principles governing issuance of Writ of Certiorari: All you need to know
“The purpose of certiorari is only to confine the inferior tribunals within their jurisdiction, so as to avoid the irregular exercise, or the non-exercise or the illegal assumption of it and not to correct errors of finding of fact or interpretation of law committed by them in the exercise of powers vested in them under the statute”.
Explained | SC sets aside Orissa HC’s order for extending superannuation age of CCRAS Research Assistant equivalent to AYUSH doctors
“While granting interim relief for continuation in service, the Court or Tribunal should, therefore, be slow and circumspect, unless prima facie evidence of unimpeachable character was produced because if the public servant succeeds, he can always be compensated. But if he fails, he would have enjoyed undeserved benefit of extended service and merely caused injustice to his immediate junior”.
Partition of Property may also be effected under a settlement or an oral understanding: Supreme Court
“There is no prohibition to effect a partition otherwise than through an instrument in writing by duly complying with the requirement of law.”
Know Thy Judge | Supreme Court of India: Justice J.B. Pardiwala
“Scrutiny of Judicial Process by Half Truth Knowledgeable is real danger to Rule of Law” — Justice J.B. Pardiwala at ‘2nd Justice