Bringing you the Best Analytical Legal News
The Court recalled a previous judgment dated 25-8-2022 on the ground that the errors apparent on the face of the record in that decision went to the root of the reasoning on both the issues of limitation and specific performance.
The matter revolves around a habeas corpus petition filed in the Madras High Court by a father who alleged that Isha Foundation is engaging in manipulative practices, effectively brainwashing individuals and making them monks.
The aggrieved High Court Judge had approached the Supreme Court stating that he had not received any salary since his appointment due to absence of a General Provident Fund (GPF) account.
The Court was hearing a PIL seeking directions for the Union Government clear the Collegium recommendations. The Court is also due to hear a contempt petition filed by State of Jharkhand vis-a-vis delay in clearing the transfer of Justice MS Ramachandra Rao, for appointment as next Chief Justice of Jharkhand High Court.
Considering the petition seeking directions for the Union Government to cancel existing licenses/permissions and to stop the grant of new licenses to Indian companies, the Court stated that the self-imposed restraint on Courts entering into areas of foreign policy is grounded in sound rationale which has been applied across time.
The Court also directed the West Bengal Govt. to take steps to create confidence in the doctors vis-a-vis their safety and emphasised that resident doctors cannot be oblivious of the needs of the general community whom they are intended to serve, and they should return to work within the time indicated.
Supreme Court said that as more and more women join the work force, the nation cannot wait for another rape for things to change on the ground.
“Royalty is in the nature of a tax or an exaction. It is not merely a contractual payment but a statutory levy under Section 9 of the MMDR Act.”
Supreme Court said that authorizing the Central Government to lay down the terms of mining leases and grant approval to concessions, the MMDR Act seeks to ensure that there is uniformity in the terms for working of mines and extraction of minerals.
“The payments made to the Government cannot be deemed to be a tax merely because the statute provides for their recovery as arrears”.
This matter was the oldest pending nine-judge Bench case before the Supreme court. The Bench had reserved its judgment in the matter on 14-03-2024
The Resolution dated 03-04-2024 was signed by two members of the Collegium as Justice B R Gavai was travelling out of Delhi. However, Justice Gavai verbally conveyed his agreement with the proposal.
“In order to maintain the purity of the electoral process, the “little cross” on the “little bit of paper” must be made only by the metaphorical “little man” walking into the “little booth” and no one else.”
On 28-01-2024, the Supreme Court of India marked the commencement of its Diamond Jubilee year since its inception on 28 January 1950.
Supreme Court expressed that “The power to transfer investigation must be exercised in exceptional circumstances. Such powers cannot be exercised in the absence of cogent justifications.”
“Generally, prospective adoptive parents have to wait for 3-4 years for getting ‘a healthy and young child’ due to the huge mismatch in the number of registered PAPs and children available for adoption.”
Great expectations followed Justice Dr DY Chandrachud when he was elevated to the post of Chief Justice of India. As 1 year has gone by in Justice Dr Chandrachud’s 2-year tenure, one thing is clear that interesting times are afoot indeed!
The Supreme Court did not find any place for a ‘deemed appointment' and held that the selection process concludes only after the mandatory approval of the DIOS is granted.
CJI led bench observed that “Technology is an enabler and a facilitator. Hence, no segment of the citizens should be left behind in the adoption of technology, least of all, in terms of access to justice.”
The Supreme Court observed that principles of natural justice should be necessarily read into the provisions of the Master Directions on Frauds, to save it from the vice of arbitrariness.