Bringing you the Best Analytical Legal News
This segment aims to track and chart the monthly course of judicial appointments, retirements in the Supreme Court and High Courts along with recommendations made by the Supreme Court Collegium.
On 11-11-2024, President of India administered the oath of office to Justice Sanjiv Khanna who was elevated to the Supreme Court as Judge on 18-1-2019 and is due to retire on 13-5-2025, which means he will have a tenure of 6 months as Chief Justice of India.
This segment aims to track and chart the monthly course of judicial appointments, retirements in the Supreme Court and High Courts along with recommendations made by the Supreme Court Collegium.
Justice Sanjiv Khanna was elevated to the Supreme Court on 18-1-2019 and is due to retire on 13-5-2024, which means he will have a tenure of almost 6 months as Chief Justice of India.
Justice Sanjiv Khanna’s name has been recommended as next Chief Justice of India as per the seniority rule.
“Delay by the authorities, at times, may constitute a cause of action in itself. This would be especially true in a case of a live and continuing cause of action or in the event of failure to perform a mandatory statutory duty. It is, however, equally true that there can be cases where delay and laches would be fatal and can result in the dismissal of the writ petition.”
Brij Bihari Prasad, a member of the Bihar Legislative Assembly was murdered in 1998. The High Court reversed the Trial Court’s decision and acquitted the accused persons.
“Section 29A intends to ensure the timely completion of arbitral proceedings while allowing Courts the flexibility to grant extensions when warranted. Prescribing a limitation period, unless clearly stated in words or necessary, should not be accepted. Bar by limitation has penal and fatal consequences.”
Supreme Court said that it hopes and trust that the said interim order will not be misused by anybody, and clarified that it will be open to the College to move an application for vacation of this order, in case of misuse
“Supreme Court said that it was constrained to take suo motu notice of the 17-07-2024 order as such orders intend to bring entire judicial machinery to disrepute and it also lowers dignity of the High Court as well and such observations were wholly unnecessary”
Going by seniority rule, Justice Sanjiv Khanna, is in line to become the 51st Chief Justice of India (CJI) in November 2024 for a term of seven months.
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.
Supreme Court added that if the payment of Rs.10 crores along with interest as directed, is not refunded within six months from the date of this order, SECI will be entitled to recover Rs. 10 crores plus interest as per the provisions of the Electricity Act, 2003.
The campaign is conducted from January 25-01-2024 to 27-02-2024.
“If a Resolution Professional proceeds in terms of Section 25 of the IBC and secures the assets from the creditors, the creditors would not be entitled to claim set-off during the course of the Corporate Insolvency Resolution Process.”
At present, the Chairman of the SCLSC is Justice Sanjiv Khanna.
“This is an extremely sensitive matter for any Ministry to come in. It’s for them to decide.”
Mahua Moitra, who was elected from the Krishnanagar seat in West Bengal, was expelled on 08-12-2023 from Lok Sabha over cash for query charges.
In case of a sloppy trial, the Supreme Court kept scope for Manish Sisodia to file another application for bail.
NGT had highlighted the serious functional irregularity in efficiency and competence on the part of CECB officials, holding them guilty of offence under Section 26 of NGT Act for failure to comply with NGT order.