Bringing you the Best Analytical Legal News
The Supreme Court attributed the reluctance on the part of victims of Sexual Harassment at workplace to report the misconduct to, (i) uncertainty about who to approach under the Act for redressal of their grievance; and (ii) lack of confidence in the process and its outcome.
Going by the seniority rule of the Supreme Court Judges, Justice Sanjiv Khanna is in line to become the next Chief Justice of India in November 2024.
The Court said that Vistra ITCL (India) Ltd. would be treated as a secured creditor in terms of Section 52 and 53 of the IBC, and would be entitled to retain the security interest in the pledged shares.
Supreme Court proceeded with the fact that the only circumstance appearing against the appellant was not put to him in the statement under Section 313 of CrPC.
The Court said that the grievances raised by the State of Meghalaya in the context of its right to do business in lotteries under Article 298(b), would constitute disputes, which fall squarely within the four corners of Article 131 of the Constitution.
Supreme Court said that the process of improvement is a continuous one and that it learns from every experience. This ruling is one more step in the fine-tuning system of designation of Senior Advocates, and it hopes it achieves the purpose.
In the spirit of cooperative federalism, the Union must exercise its powers within the boundaries created by the Constitution. NCTD, having a sui generis federal model, must be allowed to function in the domain charted for it by the Constitution. The Union and NCTD share a unique federal relationship. It does not mean that NCTD is subsumed in the unit of the Union merely because it is not a “State”.
The Gujarat Government had issued the impugned Notification dated 18.04.2023 during the pendency of the present writ petition and after receiving the notice issued by the Court. The Supreme Court observed that the State Government could have waited till the next date of hearing which was on 28.04.2023.
The five Judge Constitution Bench of the Supreme Court has upheld the Governor’s decision of inviting Eknath Shinde to form the Government in the State of Maharashtra and has refused to quash Udhav Thackeray’s resignation as it was submitted voluntarily before the floor test. This Explainer not just provides a Bird’s-Eye view of the Supreme Court Judgment for easy reference but also gives a detailed point-wise breakdown of each issue.
Justice Dinesh Maheshwari who is serving as a Judge of the Supreme Court of India, retires today after an extensive career of 4 years. Prior to his appointment to the Supreme Court, he had served as the Chief Justice of the High Court of Karnataka and the Chief Justice of the High Court of Meghalaya.
by Ila Kapoor† and Mrinali Komandur††
Cite as: 2023 SCC OnLine Blog Exp 42
Supreme Court said that NCTD like other states also represents the representative form of government, the involvement of Union of India in the administration of NCTD is limited by Constitution provisions and any further expansion will be contrary to the constitutional scheme of governance.
Supreme Court observed that in cases where the marital relationship has broken down irretrievably, where there is a long separation and absence of cohabitation, then continuation of such a ‘marriage' would only mean giving sanction to cruelty which each is inflicting on the other.
The Court expressed its concerns over the loss of human life and destruction of the homesteads and places of worship.
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.
Supreme Court was called upon to decide whether a settlement remedy under Section 127B of the Customs Act, 1962, would be available for the seized goods, which are specified under Section 123 of the said Act, the bench of Krishna Murari and Sanjay Karol, JJ gave a spilt verdict and referred the matter to a larger bench.
Supreme Court stayed the operation of the Allahabad High Court's judgment to the extent it directs refund of the fee paid to ex-students, till the next date of hearing.
The Court said that the prosecution failed to prove the case beyond reasonable doubt and the case did not pass the standard required in a case of circumstantial evidence.
Supreme Court said that the State Government may examine the data of last few years, to come to a realistic finding as to what should be the extent of these reservations. A wholesale reservation is not serving any purpose, rather it frustrates the very purpose of the reservation