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The Supreme Court considered the provisions of Section 15 to 23 read with Section 24 of the MSMED Act and the provisions of SARFAESI Act and stated that there is no repugnancy between the two enactments and no conflict between the specific subject of ‘priority' . It, hence, upheld the subsequent enactment of law with non-obstante clause in SARFAESI Act over MSMED Act.
The Supreme Court stated that it was neither a case where the appellant did not make any application within the stipulated time under the 2019 Scheme nor where the appellant deliberately did not deposit the settlement amount.
A workable arrangement had to be arrived at to segregate people who may have no rights in the land and those who have, coupled with rehabilitation schemes
Justice C.T. Ravikumar is known among the legal circle for having a firm grasp of precedents and statutory provisions.. We have curated some of his important High Court and Supreme Court decisions.
by Siddharth R. Gupta† and Shristy Choudhary††
Cite as: 2023 SCC OnLine Blog Exp 12
The Supreme Court expressed its displeasure by the attempts made by parties to invoke jurisdiction of criminal courts, by filing vexatious criminal complaints by camouflaging allegations which were ex facie outrageous or pure civil claims.
by Swarnendu Chatterjee† Anwesha Pal†† and Yashwardhan Singh†††
Cite as: 2023 SCC OnLine Blog Exp 11
After an extensive tenure of 6 years, Justice S. Abdul Nazeer retires today. During this time, Justice Nazeer had been a part of some path-breaking decisions such as- Right to Privacy, Triple Talaq, Ayodhya verdict etc. Justice Nazeer has also been the part of the Constitution Bench which decided upon the validity of Central Govt’s 2016 Demonetisation Scheme.
The Delhi High Court dismissed a Public Interest Litigation (PIL) challenging the Government’s notification which allowed the Sikh travellers to carry a Kirpan on their person while on domestic flights. The Court further held that the notification was issued after due deliberations and the issue raised was entirely a matter of policy decision.
by Harsh N. Dudhe† and Pranay Bhardwaj††
Supreme Court: A Constitution Bench of S Abdul Nazeer, AS Bopanna, BR Gavai, V Ramasubramanian & BV Nagarathna, JJ, delivered
“When series of decisions of Constitutional Courts are available then the Principle of Judicial discipline cast a duty on me to follow those and nothing else”, observed the Tribunal.
Supreme Court: In a petition against the demonitisation of Rs. 500 and Rs. 1000 currency notes in 2016, the Constitution Bench of
by Tarun Jain
Cite as: 2023 SCC OnLine Blog Exp 1
Rules or regulation cannot be made to supplant the provisions of the enabling Act, but to supplement it. What is permitted is the delegation of ancillary or subordinating legislative functions, or what is fictionally called, a power to fill up details.
With 1263 judgments delivered; three Chief Justices of India taking turns to lead the judiciary; a number of judges retiring and a
The year 2022 saw a bustling activity in the Supreme Court vis-a-vis appointments and retirements. The Collegium headed by 3 CJIs this year, oversaw new elevations and recommendations. Whereas a significant number of Judges bid farewell to their Judgeship this year as well. Read this curated piece to know how 2022 affected the judicial strength of the Supreme Court.
There was an apparent error of law in the order passed by the Gujarat High Court as the writ court is primarily concerned with examination of the decision-making process when a disciplinary action is challenged. Accordingly, the Supreme Court upheld the order of removal from service passed by the disciplinary authority.
Allahabad High Court said that even if it is believed that part of proceeds of crime was transferred in the bank account of Atikur Rahman, that itself may not be sufficient to prove that Siddique Kappan has dealt with the proceeds of crime which had been allegedly received by K.A. Rauf Sherif. Thus, granted him bail.
Civil Procedure Code, 1908 — Or. 12 R. 6 — Grant of relief on the basis of admission — When