SC corporate law firms in delhi

SUPREME COURT: CIVIL SUIT NOT MAINTAINABLE AFTER SARFAESI PROCEEDINGS ARE INITIATED

The Supreme Court in Sree Anandhakumar Mills Vs. Indian Overseas Bank has reiterated that a civil suit would not be maintainable when proceedings under the SARFAESI Act, 2002, are already initiated. A bench of Justice Ranjan Gogoi and Justice R Banumathi was considering an appeal against a Madras High Court judgment of 2010 that held that the civil court’s jurisdiction is not totally ousted by Section 34 of the SARFAESI Act and the power to grant interim injunction in such suits which are maintainable is also not taken away by Section 34 of the SARFAESI Act. It had also held that the civil court jurisdiction is barred only in regard to the applications filed by a bank/financial institutions for recovery of debts and that hat a partition suit filed by a person who is not a borrower or guarantor is maintainable in a civil court.

In the referred case, the apex court had held a suit for partition would not be maintainable in a situation where proceedings under the SARFAESI Act had been initiated.

Court

JUSTICE RAJESH BINDAL COMMITTEE SUGGESTS ONE WINDOW SOLUTION FOR INTER-COUNTRY REMOVAL & RETENTION OF CHILDREN

The Committee headed by Punjab & Haryana HC Judge, Justice Rajesh Bindal has examined issues relating to inter-country parental child removal, and has suggested a model legislation to safeguard interests of the parents and the children. The High Level Committee has stressed upon the need for mediation as the first step. It has also suggested that the Government may establish an ‘Inter Country Parental Child Removal Disputes Resolution Authority’. This authority has been envisioned as a “one window solution” in cases of inter-country removal and retention of children.

SUPREME COURT’S

SUPREME COURT’S ORDER IS AN AMENDMENT TO SC/ST ACT AS IT AFFECTED THE MORALE AND CONFIDENCE OF SC/ST COMMUNITY: ATTORNEY GENERAL

The Supreme Court Bench of Justices AK Goel and UU Lalit have rejected Centre’s plea to stay the March 20 order by which the bench issued many directions to prevent the misuse of provisions of Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act 1989 (SC/ST Act).

The bench stated that “All that the judgment says is that arrest may not be readily resorted to…in such legislations as TADA and POTA where the crime in question is of a graver magnitude, the Legislature has put embargo on regular as well as anticipatory bail. The idea is that the perpetrator may not be released easily, but the Act of 1989 places no restraint on regular bail. Under section 3 of the Act, the punishment may even be imprisonment for 6 months and that the accused may be released even on the first day”.

supreme court

CENTRE CAN’T PICK AND CHOOSE FROM COLLEGIUM RECOMMENDATIONS, PIL IN SC CHALLENGING GOVT’S DECISION ON JUSTICE KM JOSEPH’S ELEVATION TO SC

A retired District Judge has filed a PIL in the Supreme Court praying for setting aside of the action of the Centre in returning the recommendation for Justice Joseph’s elevation while submitting that the Government cannot pick and choose names of judges from the recommendations of the collegium. The PIL also prays for direction to the Centre to issue warrants of appointment with respect to Justice Joseph with consequential seniority. “If the Government had any reservations on either of the two names recommended, then the entire file must be sent for the reconsideration of the collegium. It is not permissible to segregate. It is not permissible to pick and choose”.

Supreme Court, POCSO Act

SUPREME COURT TO ALL HIGH COURTS: EXPEDITE CASES UNDER POCSO ACT

Supreme Court has issued a slew of directions to ensure faster time-bound justice in all cases involving sexual offences against children under the Pocso Act, 2012.

The Supreme Court bench of Chief Justice Dipak Misra and Justices A M Khanwilkar and D Y Chandrachud on Tuesday (May 1) directed all high courts of the country to speed up all cases that fall under the POCSO Act. The court directed the high courts to set up special courts and allot judges to deal with such cases.

The issue came to the CJI bench from a shocking case of the rape of an eight-month-old girl by her 28-year-old cousin in Shakur Basti of north-west New Delhi in January.

On Tuesday Additional Solicitor General Pinky Anand, speaking for the Centre, requested time for filing of an application. Section 35 of the POCSO Act was in issue. The counsel for the petitioner submitted 22 suggestions for the amendment in the Act.

SUPREME COURT SAYS ‘NO’ TO CBI PROBE INTO CBSE PAPER LEAK CASE

Supreme Court has dismissed a plea seeking a CBI probe into the CBSE paper leak case and the Board’s order to conduct re-examination.

“We cannot interfere with the decision of CBSE. On this very ground this petition stands dismissed,” the bench said, noting the apex court had earlier dismissed similar prayers.

SC corporate law firms in delhi

SUPREME COURT: MERE ABDUCTION WON’T ATTRACT IPC SECTION AGAINST FORCED MARRIAGE

Supreme Court has said that mere abduction of a woman does not bring an accused under the ambit of Section 366 of IPC and that it must be proved that the accused abducted the woman with the intent that she may be compelled to marry against her will .

SUPREME COURT

SUPREME COURT: WHEN TRIAL COURT RECORDS ARE SUMMONED BY HIGHER COURTS ONLY PHOTOCOPY/SCANNED COPY OF THE RECORDS NEED TO BE SENT TO AVOID DELAY

A Supreme Court Bench of Justices AK Goel and RF Nariman has directed that if the trial court record is summoned by higher courts, the trial courts may send photocopy/scanned copy of the record and retain the original so that the proceedings are not held up. The Bench also held that wherever the original record has been summoned by an appellate/revisional court, photocopy/scanned copy of the same may be kept for its reference and original returned to the trial courts forthwith.

RAJASTHAN HIGH COURT

RAJASTHAN HIGH COURT: CANCEL DRIVING LICENSE OF THOSE USING MOBILE PHONES WHILE DRIVING

The Bench comprising of Justice Gopal Krishan Vyas and Justice Ramchandra Singh Jhala of the Rajasthan High Court have issued a direction to the Addl. Police Commissioner-Traffic, Jodhpur to cancel driving license of those found using their mobile phones while driving. The bench was informed by Additional Advocate General Mr. Rajesh Panwar that several drivers were using mobile phones while driving, leading to several accidents. The Court further directed that the photographs and other credentials of such defaulting drivers should be forwarded to the concerned R.T.O. for cancellation of their license.

SC corporate law firms in delhi

SUPREME COURT: MERE CHANGE OF OPINION OF ASSESSING OFFICER NOT A GROUND FOR REASSESSMENT

The Supreme Court has held that Section 147 of the Income Tax Act does not allow re-assessment of an income merely because of the fact that the assessing officer has change of opinion on the same facts and circumstances which were already in his knowledge even during the original assessment proceedings. The Bench observed that though Section 147 makes it clear that the assessing officer has the power to re-assess any income which escaped assessment, but the use of this power is conditional upon the fact that the assessing officer has some reason to believe that the income has escaped assessment.

Indira

GOVT NOTIFIES APPOINTMENT OF ADV. INDU MALHOTRA AS SUPREME COURT JUDGE

Centre has notified the appointment of Senior Supreme Court Lawyer Indu Malhotra’s appointment as a Judge of Supreme Court of India. At the same time the Centre has sent back the recommendation for elevation of Chief Justice of Uttarakhand High Court, Justice K.M. Joseph as a Supreme Court Judge. She will be the first woman lawyer directly appointed from the Bar to the Supreme Court.

supreme court

DIRECTION FOR AADHAAR-SIM CARD LINKAGE NOT BASED ON SUPREME COURT’S ORDER, ADMITS GOVERNMENT

While the DoT circular calls all telecom operators to conduct an Aadhaar-based re-verification exercise of all existing pre-paid and post-paid mobile connections ‘in the light of the order’ dated February 6, 2017, by the apex court, Justice Chandrachud on the 33th day of hearing the Aadhaar case, remarked that the Aadhaar-based e-KYC process had not been ordered by the supreme court in the said case.

Supreme Court corporate law firms in delhi

SUPREME COURT: CENTRE TO CONSIDER CORRECTING IRREGULARITY IN LINKING PAN WITH AADHAAR FOR TRANSGENDERS

A petition was filed by a transgender social activist in the Supreme Court challenging the order of the High Court of Patna which dismissed her petition for self-identify as the Third Gender in PAN for the purpose of linking PAN and Aadhaar and to avail of the associated benefits. She has moved the Supreme Court seeking directions to the Centre to create a separate “third gender” category on PAN cards and application forms for PAN to enable transgender persons to get accurate identity proofs, on which the Supreme Court has asked the Centre to consider correcting the irregularity which has come up in linking of PAN with Aadhaar, with regard to transgenders.

MAYA KODNANI corporate law firms in delhi

GUJARAT HC ACQUITS MAYA KODNANI; UPHOLDS LIFE TERM FOR BABU BAJRANGI

The Gujarat High Court has acquitted former BJP Minister Maya Kodnani in the 2002 Naroda Patiya massacre case. Meanwhile, the Court has upheld the life sentence awarded to Bajrang Dal leader Babu Bajrangi, observing that the charges of conspiracy against him had been established beyond reasonable doubt.

SC corporate law firms in delhi

SUPREME COURT: POWER REGULATORY BODIES MUST HAVE A JUDICIAL MEMBER

The Supreme Court, quashing orders of various High Courts that the chairperson of state electricity regulatory commissions be a high court judge, has ordered that one of the members of such bodies should be a person of judicial background. The apex court also said the judicial member should be part of the quorum in adjudicatory matters.