SEBI modifies circular on Handling of Clients’ Securities by Trading Members/ Clearing Members
On 11-11-2022, the Securities and Exchange Board of India (‘SEBI’) has issued circular revising the Handling of Clients’ Securities by
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Civil Court can try debt recovery suit against bank or financial institution; Scope & effect of parallel proceeding before DRT explained: SC
Supreme Court: The 3-judge bench of Sanjay Kishan Kaul*, Abhay S. Oka and Vikram Nath, JJ, while dealing with the issue relating
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“Left with no alternative”, Supreme Court acquits all 3 accused in Chhawla Gang Rape and Murder case
“The prosecution has to bring home the charges levelled against them beyond reasonable doubt, which the prosecution has failed to do in the instant case, resultantly, the Court is left with no alternative but to acquit the accused, though involved in a very heinous crime.”
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‘Identifier for 10% Quota for EWS is economic deprivation; Social or educational backwardness irrelevant’: Key takeaways from Dissenting opinion
While Dinesh Maheshwari, Bela M Trivedi and JB Pardiwala, JJ wrote separate but concurrent opinions forming majority, S. Ravindra Bhat, J wrote the minority opinion for himself and U.U. Lalit, CJ.
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Interim moratorium under S. 96 IBC in respect of one of the guarantors would not ipso facto apply against a co-guarantor; Delhi HC stays suit in view of bar under S.96 IBC
Delhi High Court: In two separate suits filed seeking recovery of amount from the defendants, being ex- promoters and personal guarantors of
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Constitutionality of 10% Quota for EWS upheld in 3:2 verdict: Key takeaways from Majority Ruling including suggestion for prescribing time limit for reservation
While Dinesh Maheshwari, Bela M Trivedi and JB Pardiwala, JJ wrote separate but concurrent opinions forming majority, S. Ravindra Bhat, J wrote the minority opinion for himself and U.U. Lalit, CJ.
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Supreme Court upholds validity of amended Employees’ Pension Scheme but reads down certain provisions; Explains applicability of pre & post amendment Scheme
The requirement of the members to contribute at the rate of 1.16 per cent of their salary to the extent such salary exceeds Rs.15000/- per month as an additional contribution under the amended scheme has, however, been held to be ultra vires the provisions of the 1952 Act. The Court has given 6 months’ breather to the authorities make adjustments in the scheme.
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Explained| Can GPU Charities involved in trade claim tax exemption? [Section 2(15) of the Income Tax Act, 1961]
Supreme Court: Interpreting the proviso to Section 2(15) of the Income Tax Act, 1961 (IT Act) introduced by amendment w.e.f. 01.04.2009, the
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Non-reporting of POCSO offence despite knowledge a serious offence; Bombay High Court’s quashment of FIR against accused Medical Practitioner unfortunate: SC
“Non-reporting of sexual assault against a minor child despite knowledge is a serious crime and more often than not, it is an attempt to shield the offenders of the crime of sexual assault.”
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Supreme Court October 2022| Justice Dr DY Chandrachud’s confirmation as next CJI; Hijab Ban; Two-finger-test; clarification on some IBC provisions; and more
This roundup revisits the analyses of Supreme Court’s judgments/orders on Hijab Ban Controversy, Punishment for Two-Finger test on sexual assault survivors, Dishonour of Cheques; Insolvency and Bankruptcy Code and more. It also covers reports on confirmation of Justice Dr DY Chandrachud as the next CJI; Justice Hemant Gupta’s retirement; explainers on important law points; career trajectory and important decision of Justice S. Ravindra Bhat and Justice BV Nagarathna.
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Patriarchal & sexist to assume that a sexually active woman cannot be raped; Anyone conducting ‘two-finger’ test will be guilty of misconduct: SC
The “two-finger test” or pre vaginum test has no scientific basis and neither proves nor disproves allegations of rape. It instead re-victimizes and re-traumatizes women who may have been sexually assaulted, and is an affront to their dignity.
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Explained| Why BJP MLA Vijender Gupta’s tweet questioning Delhi’s Dy CM Manish Sisodia about his “scam” is not defamation?
Supreme Court: In the case where BJP MLA Vijender Gupta was accused of posting defamatory tweets about Delhi’s Deputy Chief Minister Manish
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Supreme Court issues notice in petition seeking transfer of Anant Karmuse assault case involving NCP Leader Jitendra Awhad to CBI
Supreme Court: The bench of MR Shah and MM Sundresh, JJ has issued notice returnable on 25.11.2022 in the case relating to
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Unhappy with two Ministries taking contradictory stands before it, Supreme Court asks Centre to evolve mechanism to resolve differences at Governmental Level itself
Supreme Court: In a dispute between Central Warehousing Corporation(CWC) and Adani Ports Special Economic Zone Limited (APSEZL) over 34 acres of land
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Providing illegible copies attacks detenu’s fundamental right to make representation; renders detention order illegal: Supreme Court
Supreme Court: In a case where a detenu was provided with the illegible copy of documents relating to his detention, the bench
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Imposing penalty before initiating disciplinary action wrong; Can’t put a cart before the horse: SC
Supreme Court: In a case where a member of the Indian Forest Services (IFS) had alleged that his junior was promoted to the post of Principal Chief Conservator of Forests while his candidature was kept in
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J&K and Ladakh HC | Petition challenging 4% reservation for Pahari Speaking People in State/UT Services dismissed as petitioners failed to qualify as ‘aggrieved persons’ for the purposes of Art 226
Jammu and Kashmir and Ladakh High Court: While deliberating over the instant writ petition concerning reservation provided to Pahari Speaking People, the
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Profit-oriented Educational Institutions not entitled to tax emption under Section 10(23C) of the Income Tax Act, 1961: Supreme Court
“In a knowledge based, information driven society, true wealth is education – and access to it. Every social order accommodates, and even
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Explained| Vicarious liability under Section 149 IPC: Impact of reduction in number of convicts below five on account of death of co-accused
Supreme Court: The bench of CT Ravikumar* and Sudhanshu Dhulia, JJ has held that merely because some of the convicts had died
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