[Article 164(4)] Who Decides What Are Extraordinary Circumstances For Appointment Of Non-Legislators As Ministers? Asks SC, Directs Petitioner To Approach MP HC
4 years, 5 months ago

[Article 164(4)] Who Decides What Are Extraordinary Circumstances For Appointment Of Non-Legislators As Ministers? Asks SC, Directs Petitioner To Approach MP HC

Live Law  

The Supreme Court on Tuesday disposed off a plea against the appointment of persons who are not MLAs as ministers in the Madhya Pradesh government, granting the liberty to approach the High Court. In response, Mr. Talekar indicated the SC constitution bench authority of B. R. Kapoor and another decision in S. R. Chaudhuri - "Article 164 was under consideration before Your Lordships. The ugly spectacle, which unfolded in the cabinet formation of the State government in the State of Madhya Pradesh recently, is a manifestation of this malaise" "Never in the history of any State Government or even the Central Government, have as many as fourteen ministers, i.e., 41% of the total ministers strength, ever been appointed, who were non-legislators at the time of being sworn in", it was averred in the petition through AOR Vipin Nair. "The present writ seeks to bring to the judicial notice of this Hon'ble Court, the blatant and gross abuse of the powers conferred by Article 164 of the Constitution of India under which there has been a enbloc appointment of more than two dozen non-legislators as Ministers in the Madhya Pradesh cabinet, even while the decision on their disqualification has been deliberately kept pending for over 5 months by the Hon'ble Speaker of the Legislative Assembly, Respondent No.1 herein. Such undemocratic political manoeuvring amounting to constitutional impropriety has been severely deprecated by this Hon'ble Court and is in flagrant infraction of the law as declared in a catena of decisions and recently in KEISHAM MEGHACHANDRA SINGH V. HON'BLE SPEAKER MANIPUR LEGISLATIVE ASSEMBLY AND OTHERS", it was advanced.

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History of this topic

Supreme Court refuses to entertain 'urgent hearing' demand by Prashant Bhushan for Soros-funded ADR: Details
1 month ago

Supreme Court refuses to entertain 'urgent hearing' demand by Prashant Bhushan for Soros-funded ADR: Details

Op India  

On Tuesday, lawyer Prashant Bhushan, representing the Soros-funded Association for Democratic Reforms, demanded the urgent hearing of a petition challenging the constitutionality of a law enacted by the Parliament for the appointment of the Chief Election Commissioner. It's exceedingly important for future of our democracy#SupremeCourt #ElectionCommissioners — Live Law February 18, 2025 He claimed that the Centre was violating the …

Plea in Karnataka High Court challenges Cabinet rank given to 34 legislators on their appointment as heads of boards and corporations
1 month, 1 week ago

Plea in Karnataka High Court challenges Cabinet rank given to 34 legislators on their appointment as heads of boards and corporations

The Hindu  

The High Court of Karnataka on Thursday adjourned till February 21 hearing on a PIL petition that questioned the legality of extending Cabinet Minister rank with associated facilities to 34 MLAs and MLCs on their appointment as heads of various boards and corporations by the State government. Senior advocate J. Sai Deepak, appearing for the petitioner, pointed out that there …

SC summons MP secretary over poor quality, delayed appeals
1 month, 2 weeks ago

SC summons MP secretary over poor quality, delayed appeals

Hindustan Times  

The Supreme Court has summoned the law secretary of Madhya Pradesh, expressing concern over the persistent delays and questionable merit of appeals filed by the state government before the top court. “We admire the courage with which the State of Madhya Pradesh has been filing special leave petitions in this Court over a period of time with delay of 300/400 …

'We Admire Courage Of Madhya Pradesh State In Filing Petitions With 300/400 Days' Delay' : Supreme Court Summons MP Law Secretary
1 month, 2 weeks ago

'We Admire Courage Of Madhya Pradesh State In Filing Petitions With 300/400 Days' Delay' : Supreme Court Summons MP Law Secretary

Live Law  

Taking a stern view on excessive delay in filing an appeal by the Madhya Pradesh Government, the Supreme Court recently directed the Law Secretary of the State to be present to explain who was the authority behind deciding to file the case. The bench of Justice Pardiwala and Justice Mahadevan was hearing a plea filed by the State Government challenging …

Supreme Court fixes February 12 hearing on pleas challenging CEC/EC appointments law
1 month, 2 weeks ago

Supreme Court fixes February 12 hearing on pleas challenging CEC/EC appointments law

The Hindu  

The Supreme Court on Monday agreed to hear on February 12 petitions challenging the legality of a new law dealing with the appointments of chief election commissioners and election commissioners which gives the Central government a dominant role. In January, when the case came up, Justice Kant had highlighted that the test regarding the validity of the Chief Election Commissioner …

Supreme Court Issues Notice On Plea Challenging Appointment Of Chairperson Of Bihar Public Service Commission
1 month, 2 weeks ago

Supreme Court Issues Notice On Plea Challenging Appointment Of Chairperson Of Bihar Public Service Commission

Live Law  

The Supreme Court today issued notice in a writ petition filed by Advocate and petitioner-in-person Brajesh Singh for declaring the appointment of Bihar Public Service Commission Chairperson, Parmar Ravi Manubhai, as "completely illegal" and "arbitrary" on grounds that the appointment has taken place defying the mandate of Article 316 of. The Supreme Court today issued notice in a writ petition …

Why SC will review CEC selection rule before next appointment on Feb 18
2 months, 1 week ago

Why SC will review CEC selection rule before next appointment on Feb 18

India Today  

In a move that underscores the protracted tensions between judicial oversight and legislative authority, the Supreme Court has agreed to hear a batch of petitions challenging the Chief Election Commissioner and Other Election Commissioners Act, 2023. The enactment of the Chief Election Commissioner and Other Election Commissioners Act, 2023 replaced the judiciary’s proposed selection mechanism with a framework heavily influenced …

No Right Conferred On Proposed MLCs Until Governor's Decision Under Article 166, Council Of Ministers Can Withdraw Nominations: Bombay HC
2 months, 1 week ago

No Right Conferred On Proposed MLCs Until Governor's Decision Under Article 166, Council Of Ministers Can Withdraw Nominations: Bombay HC

Live Law  

While dismissing the plea filed by Shiv Sena leader Sunil Modi, challenging the Governor's decision permitting the State government to withdraw 12 Member of Legislative Council's nominations, the Bombay High Court observed that as no 'decision' was taken by the Governor on the earlier advice tendered by the Council of Ministers for nomination of 12 MLCs, no right was conferred …

Supreme Court reserves order on plea against termination of 2 Madhya Pradesh judges
3 months, 1 week ago

Supreme Court reserves order on plea against termination of 2 Madhya Pradesh judges

India Today  

The Supreme Court on Tuesday reserved its order on the suo motu writ petition registered in connection with the termination of services of six female civil judges by the Madhya Pradesh government, of which two are yet to be reinstated. On the last date of hearing, the top court had slammed the state high court for terminating the services of …

Supreme Court stays Himachal Pradesh High Court’s order on parliamentary secretary appointments
Trending News
4 months ago

Supreme Court stays Himachal Pradesh High Court’s order on parliamentary secretary appointments

India TV News  

In a significant legal development, the Supreme Court has partially stayed the Himachal Pradesh High Court’s order, which had annulled the appointment of six parliamentary secretaries in the state. The Himachal Pradesh government had filed an appeal against the High Court's order, which had declared the appointments of the six parliamentary secretaries as illegal, ruling that these positions violated constitutional …

Himachal moves SC after HC quashes appointment of 6 parliamentary secretaries
4 months, 1 week ago

Himachal moves SC after HC quashes appointment of 6 parliamentary secretaries

New Indian Express  

NEW DELHI: The Himachal Pradesh government has moved the Supreme Court seeking authorisation of the appointment of six parliamentary secretaries which was recently quashed by the high court for being “illegal and unconstitutional”. The Himachal Pradesh High Court had on November 13 quashed the appointment of six chief parliamentary secretaries by Chief Minister Sukhvinder Singh Sukhu-led government and declared the …

Himachal HC nullifies 2006 law permitting appointment of MLAs as parliamentary secys
4 months, 1 week ago

Himachal HC nullifies 2006 law permitting appointment of MLAs as parliamentary secys

Live Mint  

The Himachal Pradesh High Court on Wednesday nullified the 2006 law that permitted the government to appoint MLAs as parliamentary secretaries, reported LiveLaw. The high court bench of Justice Vivek Singh Thakur and Justice Bipin Chander Degi also set aside the appointment of six Congress MLAs parliamentary secretaries. Accordingly, from now onwards, they shall cease to be holder of the …

Himachal Pradesh High Court Nullifies 2006 Law Permitting Appointment Of MLAs As Parliamentary Secretaries
4 months, 1 week ago

Himachal Pradesh High Court Nullifies 2006 Law Permitting Appointment Of MLAs As Parliamentary Secretaries

Live Law  

Today, the Himachal Pradesh High Court nullified a 2006 State Law which permitted the state government to appoint Members of the State Legislative Assembly as parliamentary secretaries. Accordingly, from now onwards, they shall cease to be holder of the office of Chief Parliamentary Secretaries with all the consequences,” High Court's operative portion of the order reads. At the outset, the …

Court's no to status quo request on councillors nominated during Uddhav regime
7 months ago

Court's no to status quo request on councillors nominated during Uddhav regime

India Today  

The Bombay High Court on Friday denied a "status-quo" request put forth by Shiv Sena leader Sunil Modi, who challenged the Governor's decision to scrap the appointments of 12 Maharashtra Legislative Council members, recommended by the previous Maha Vikas Aghadi government in 2020. A bench comprising Chief Justice Devendra Kumar Upadhyaya and Justice Amit Borkar was hearing the plea when …

Delhi HC to hear appeal against quashing of Jamia officiating V-C appointment on May 29
9 months, 3 weeks ago

Delhi HC to hear appeal against quashing of Jamia officiating V-C appointment on May 29

New Indian Express  

NEW DELHI: The Delhi High Court on Monday listed for hearing on May 29 an appeal by professor Eqbal Hussain challenging a single judge’s order quashing his appointment as the pro-vice-chancellor and subsequently as the officiating vice-chancellor of Jamia Millia Islamia. The hearing was deferred after Justice Rekha Palli, heading a division bench also comprising Justice Saurabh Banerjee, recused herself …

Supreme Court Weekly Digest With Subject /Statute Wise Index [April 1 to 13]
10 months, 2 weeks ago

Supreme Court Weekly Digest With Subject /Statute Wise Index [April 1 to 13]

Live Law  

SUPREME COURT WEEKLY DIGEST APRIL 2024 PART 1 Citations 2024 LiveLaw 269 to 2024 LiveLaw 290 Abuse of Process of Law Abuse of process of law – Collusion between parties in tender process – Held, respondent no. Pankaj Singh v. State of Haryana, 2024 LiveLaw 274 Criminal procedure Code 1973; Section 439 and National Investigation Agency Act, 2008; Section 21 …

Notice Of Hearing Must Be Issued To Petitioner & Not His Counsel When Court Seeks To Grant Hearing To All Interested Parties: MP High Court
10 months, 2 weeks ago

Notice Of Hearing Must Be Issued To Petitioner & Not His Counsel When Court Seeks To Grant Hearing To All Interested Parties: MP High Court

Live Law  

Madhya Pradesh High Court has recently underscored that notice of proceedings should have been issued to the petitioner and not his counsel in the matter. Pursuant to a High Court order, the Joint Director had decided on an earlier application of the petitioner dated 1/11/2022 and the fresh application filed by him on 28/3/2023. It was incumbent upon respondent No.2 …

Delhi High Court Appoints Former SC Judge As 'Observer' For JNUSU Elections
1 year ago

Delhi High Court Appoints Former SC Judge As 'Observer' For JNUSU Elections

ABP News  

New Delhi: The Delhi High Court has appointed former Supreme Court judge V Ramasubramanian as an 'observer' to exercise oversight over the activities of the election committee constituted for the Jawaharlal Nehru University Students Union elections for the 2023-24 academic year. Dealing with a petition filed by a student, Justice Sachin Datta also asked the grievance redressal cell set up …

Supreme Court Informed Of Madhya Pradesh High Court's Refusal To Reconsider Dismissal Of 6 Women Judges
1 year ago

Supreme Court Informed Of Madhya Pradesh High Court's Refusal To Reconsider Dismissal Of 6 Women Judges

Live Law  

In a suo motu writ petition registered wrt simultaneous termination of services of 6 female civil judges in Madhya Pradesh, the Supreme Court was recently apprised that the Administrative Committee of the State High Court has resolved to not re-consider its earlier decision.Taking note, the Bench of Justices BV Nagarathna and AG Masih gave time to the parties to file …

'Based On Speculation, Tarnishes Reputation': AP High Court Junks Lawyer's Plea Accusing AG Of Corrupt Practice In Appointment Of Standing Counsel
1 year ago

'Based On Speculation, Tarnishes Reputation': AP High Court Junks Lawyer's Plea Accusing AG Of Corrupt Practice In Appointment Of Standing Counsel

Live Law  

Andhra Pradesh High Court has expressed strong displeasure over an Advocate's PIL seeking removal of a Standing Counsel and a consequential CBI inquiry into the appointments made on the recommendation of the Advocate General alleging 'corrupt practices for personal gains'. The Division Bench of Chief Justice Dhiraj Singh Thakur and Justice R. Raghunandan Rao said the allegations are merely speculative …

Supreme Court Refuses To Stay Law Dropping CJI From Panel To Select Election Commissioners, Posts Matter To April 2024
1 year, 1 month ago

Supreme Court Refuses To Stay Law Dropping CJI From Panel To Select Election Commissioners, Posts Matter To April 2024

Live Law  

The Supreme Court on Tuesday refused to stay the operation of Section 7 of the Chief Election Commissioner and Other Election Commissioners Act, 2023 in a fresh petition challenging the Constitutionality of the provision.While issuing notice on the plea moved by the Association for Democratic Reforms, the Bench of Justices Sanjiv Khanna and Dipankar Datta noted that a similar. The …

SC finds States do not violate Constitution in appointment of Deputy Chief Ministers
1 year, 1 month ago

SC finds States do not violate Constitution in appointment of Deputy Chief Ministers

The Hindu  

The Supreme Court on Monday dismissed a petition challenging the appointment of Deputy Chief Ministers in States on the ground that no such position exists in the Constitution. Chandrachud found no harm in the appointment of Deputy Chief Ministers, reasoning that they were after all Members of Legislative Assemblies of the States and Ministers of State governments, and never mind …

Anganwadi Karyakarta Candidates Related Within Prohibited Degrees To Govt Employees Having Influence On Selection Process Are Ineligible: MP High Court
1 year, 1 month ago

Anganwadi Karyakarta Candidates Related Within Prohibited Degrees To Govt Employees Having Influence On Selection Process Are Ineligible: MP High Court

Live Law  

Madhya Pradesh High Court has recently held that when government employees who have direct/indirect influence in the selection process or members of local bodies are related within the prohibited degrees to an Anganwadi Karyakarta candidate, then that candidate will be held ineligible. The single-judge bench of Justice Vivek Agarwal clarified the right interpretation of Clause 4 in the memorandum and …

After Acceptance Of Compassionate Appointment On A Particular Post A Person Is Precluded From Claiming A Higher Post: MP High Court
1 year, 2 months ago

After Acceptance Of Compassionate Appointment On A Particular Post A Person Is Precluded From Claiming A Higher Post: MP High Court

Live Law  

The Madhya Pradesh High Court has observed that once an individual accepts a compassionate appointment, he/she is precluded from seeking or claiming a higher position.Referring to the Supreme Court's Judgment in the case of Rajasthan vs. Umrao Singh, a bench of Justice Vivek Agarwal observed that once a compassionate appointment was given and accepted, the right to. The Madhya Pradesh …

Pleas in the Supreme Court challenge new law on appointment process for Chief Election Commissioner, Election Commissioners
1 year, 2 months ago

Pleas in the Supreme Court challenge new law on appointment process for Chief Election Commissioner, Election Commissioners

The Hindu  

Petitions have been moved in the Supreme Court against a new law which brushes aside a judgment to include the Chief Justice of India as a member of the high-powered selection committee to appoint the Chief Election Commissioner and Election Commissioners. The CEC and Other Election Commissioners Act, 2023 has diluted the Supreme Court judgment by replacing the Chief Justice …

SC Quashes Re-Appointment of Dr Gopinath Raveendran as VC of Kerala's Kannur University
1 year, 3 months ago

SC Quashes Re-Appointment of Dr Gopinath Raveendran as VC of Kerala's Kannur University

News 18  

The Supreme Court on Thursday quashed re-appointment of Dr Gopinath Raveendran as Vice- Chancellor of Kannur University saying that the appointment process was vitiated by “unwarranted interference” of the Kerala government. Chandrachud and comprising Justices J.B. Pardiwala and Manoj Misra set aside the decision passed by the Kerala High Court in February 2022 which held that Dr Raveendran’s re-appointment “was …

‘Really Shocking, Trying To Harass Eligible Candidates’, High Court Pulls Up MP Public Service Commission For Misdirected Recruitment Process
1 year, 5 months ago

‘Really Shocking, Trying To Harass Eligible Candidates’, High Court Pulls Up MP Public Service Commission For Misdirected Recruitment Process

Live Law  

In a significant order that has alleviated the concerns of eligible candidates, the Madhya Pradesh High Court has given strict directions to the State Public Service Commission to comply with the High Court’s judgment in Vaishali Wadhwani and Others v. The State of Madhya Pradesh. While disposing the petition filed by one of the candidates, the high court observed that …

Supreme Court Dismisses Plea Challenging Appointment Of Prof Venkateshwarlu As VC Of Central University of Kerala
1 year, 6 months ago

Supreme Court Dismisses Plea Challenging Appointment Of Prof Venkateshwarlu As VC Of Central University of Kerala

Live Law  

The Supreme Court on Friday dismissed a Special Leave Petition filed against the order of the Kerala High Court that had upheld the appointment of Prof Venkateshwarlu as Vice Chancellor of the Central University of Kerala. The petition was filed contending that the appointment of the VC is in violation of UGC Regulations, Central Universities Act, 2009, and it’s statutes …

Centre Notifies Appointment Of Two Advocates And One Judicial Officer As Himachal Pradesh High Court Judges
1 year, 7 months ago

Centre Notifies Appointment Of Two Advocates And One Judicial Officer As Himachal Pradesh High Court Judges

Live Law  

The Centre today notified three fresh appointments of High Court judges to the Himachal Pradesh High Court, namely Ranjan Sharma, Bipin Chander Negi and Rakesh Kainthla. Earlier this month, the Supreme Court Collegium comprising CJI DY Chandrachud and Justices Sanjay Kishan Kaul & Sanjiv Khanna had recommended their names. The Chief Justice of the High Court of Himachal Pradesh in …

‘Must get breathing time’: SC stays order on Gyanvapi survey till July 26, 5pm
1 year, 7 months ago

‘Must get breathing time’: SC stays order on Gyanvapi survey till July 26, 5pm

Hindustan Times  

Holding that the mosque management committee must get “some breathing time” to appeal against the Friday order, a bench, headed by Chief Justice of India Dhananjaya Y Chandrachud, stayed the district court’s order for a little over 48 hours to let the committee approach the Allahabad high court in appeal. But the bench eventually stayed the district court order till …

Centre Notifies Appointment Of Four Judicial Officers As Additional Judges Of Madras High Court
1 year, 10 months ago

Centre Notifies Appointment Of Four Judicial Officers As Additional Judges Of Madras High Court

Live Law  

The Union Government on Friday notified the appointment of four district judges as new additional judges of the Madras High Court. “In exercise of the power conferred by clause of Article 224 of the Constitution of India, the President is pleased to appoint S/Shri Ramasamy Sakthivel, P. Dhanabal, Chilmasamy Kumarappan and Kandasamy Rajasekar, to be Additional Judges of the Madras …

SC To Hear Plea Against Promotion Of 68 Judicial Officers, Including CJM Who Convicted Rahul Gandhi
1 year, 10 months ago

SC To Hear Plea Against Promotion Of 68 Judicial Officers, Including CJM Who Convicted Rahul Gandhi

ABP News  

The Supreme Court is scheduled to hear on May 8 a plea challenging the promotion of 68 Gujarat lower judicial officers, including Surat Chief Judicial Magistrate Harish Hasmukhbhai Varma who had convicted Congress leader Rahul Gandhi in a defamation case, on the ground of allegedly disregarding the “merit-cum-seniority principle”. The top court, which had issued notices to the state government …

Seven District Judges Appointed As Judges of Madhya Pradesh High Court, Centre Issues Notification
1 year, 10 months ago

Seven District Judges Appointed As Judges of Madhya Pradesh High Court, Centre Issues Notification

Live Law  

The Centre on Thursday notified the appointment of seven judicial officers as the judges of Madhya Pradesh High Court.In a tweet, the Law Minister Kiren Rijiju said that Roopesh Chandra Varshney, Anuradha Shukla, Sanjeev Sudhakar Kalgaonkar, Prem Narayan Singh, Achal Kumar Paliwal, Hirdesh, and Avnindra Kumar Singh have been appointed as the high court judges. The Centre on Thursday notified …

Resolve the judges appointment logjam
1 year, 11 months ago

Resolve the judges appointment logjam

Hindustan Times  

The decision of the Supreme Court collegium late on Wednesday to recall the name of justice S Muralidhar after the government sat on the recommendation to appoint him as the chief justice of the Madras high court for nearly seven months underlines a disquieting trend of breakdown of communication between two pillars of India’s democracy. That this came on the …

Supreme Court Collegium Recommends Appointment Of 7 Judicial Officers As The Judges Of Madhya Pradesh High Court
1 year, 11 months ago

Supreme Court Collegium Recommends Appointment Of 7 Judicial Officers As The Judges Of Madhya Pradesh High Court

Live Law  

The Supreme Court collegium has recommended the names of the following seven District Judges for appointment as Judges of the High Court of Madhya Pradesh: Shri Roopesh Chandra Varshney, Anuradha Shukla, Sanjeev Sudhakar Kalgaonkar, Prem Narayan Singh, Achal Kumar Paliwal, Hirdesh, and Avnindra Kumar Singh. As per Collegium’s statement, the above names were recommended by the Chief Justice of the …

Plea Challenging Senior Designation System : Supreme Court Pulls Up Petitioner For Adding CJI & Full Court As Respondents In Petition
2 years ago

Plea Challenging Senior Designation System : Supreme Court Pulls Up Petitioner For Adding CJI & Full Court As Respondents In Petition

Live Law  

The Supreme Court, on Monday, expressed displeasure that the petition challenging the system of designating senior advocates has impleaded the Chief Justice of India and the Full Court of the Supreme Court as two of the respondents. “You can’t have such a cavalier approach to this Court.” A Bench comprising Justice Sanjay Kishan Kaul, Justice Ahsanuddin Amanullah and Justice Aravind …

District Judges Appointment - Only 10% Posts Can Be Filled Through Limited Competitive Examination : Supreme Court
2 years ago

District Judges Appointment - Only 10% Posts Can Be Filled Through Limited Competitive Examination : Supreme Court

Live Law  

The Supreme Court, on Monday, directed the Madhya Pradesh High Court to comply with the directions of the Apex Court in All India Judges’ Association And Ors. 15 SCC 170, particularly, the one asking the High Courts to reserve only 10% seats in the higher judiciary to be filled up by limited departmental competitive examination. v. UoI And Ors, the …

Supreme Court To Deliver Judgment Tomorrow On Petitions Seeking Independent Mechanism To Appoint Election Commissioners
2 years ago

Supreme Court To Deliver Judgment Tomorrow On Petitions Seeking Independent Mechanism To Appoint Election Commissioners

Live Law  

The Supreme Court will deliver judgment tomorrow on a batch of petitions seeking an independent mechanism to appoint Election Commissioners in the Election Commission of India so as to ensure the independence and autonomy of the poll panel.A Constitution Bench comprising Justices KM Joseph, Ajay Rastogi, Aniruddha Bose, Hrishikesh Roy and CT Ravikumar had reserved judgment in the matter. The …

Senior Designation: Supreme Court To Commence Hearing Of Plea Seeking Reforms On 22nd February, 2023
2 years, 1 month ago

Senior Designation: Supreme Court To Commence Hearing Of Plea Seeking Reforms On 22nd February, 2023

Live Law  

On Thursday, the Supreme Court indicated that it is to commence with the hearing of the petition filed by Senior Advocate Indira Jaising seeking reforms in the process of designation of Senior Advocate on Wednesday. Senior Advocate, Mr. Vikas Singh appearing for the Supreme Court Bar Association and Senior Advocate, Mr. Aman Lekhi appearing for the Supreme Court Advocate-on-Record Association …

Victoria Gowri Case : Has Supreme Court Ever Quashed HC Judge's Appointment Before Oath-Taking? Yes, Only Once
2 years, 1 month ago

Victoria Gowri Case : Has Supreme Court Ever Quashed HC Judge's Appointment Before Oath-Taking? Yes, Only Once

Live Law  

In the entire history of the Supreme Court, there is only a single precedent of it quashing an appointment of a High Court judge, after finding that the person recommended was ineligible. That extraordinary action happened in the 1992 case Kumar Padma Prasad vs Union Of India And Ors 1992 2 SCC 428, where the Supreme Court quashed the appointment …

The Ghost Of Supersession
2 years, 5 months ago

The Ghost Of Supersession

Live Law  

It was the late 2000s. The conflict between the judiciary and the executive headed by India's first Prime Minister Pandit Jawaharlal Nehru commenced almost immediately after the adoption of the Constitution. In quick succession, the Supreme Court in Dwarakadas Shrinivas v. Sholapur Spinning and Weaving Co. Ltd. set aside the takeover of a mill without paying compensation for having violated …

Vague Pleadings, Can Be "Copied-Pasted" In Almost Every Election Petition: High Court Rejects Challenge To Election of Indore MP Shankar Lalwani
2 years, 5 months ago

Vague Pleadings, Can Be "Copied-Pasted" In Almost Every Election Petition: High Court Rejects Challenge To Election of Indore MP Shankar Lalwani

Live Law  

The Madhya Pradesh High Court, Indore Bench recently allowed an application under Order VII Rule 11 CPC, thereby rejecting an election petition for not raising specific allegations or demonstrating a genuine cause of action. Shankar Lalwani, Lok Sabha member from Indore Constituency had moved an application under Order VII Rule 11 CPC seeking rejection of the election petition filed by …

Temple Administration - Supreme Court Raises Concerns About Appointments Made On Basis Of Political Affiliation
2 years, 5 months ago

Temple Administration - Supreme Court Raises Concerns About Appointments Made On Basis Of Political Affiliation

Live Law  

Raising concerns about political interference in the administration of temples and shrines across the country, the Supreme Court on Monday orally expressed the need for laying down guidelines for transparent norms and parameters in the appointment of trustees or members of administrative committees. A bench comprising Justices Ajay Rastogi and CT Ravikumar was hearing a Special Leave Petition filed against …

Supreme Court Reserves Judgment On WB Govt Appeal Against HC Judgment Ousting Vice-Chancellor of Calcutta University
2 years, 6 months ago

Supreme Court Reserves Judgment On WB Govt Appeal Against HC Judgment Ousting Vice-Chancellor of Calcutta University

Live Law  

The Supreme Court, on Friday, reserved judgment in the petition filed by the State of West Bengal assailing the order of the Calcutta High Court, whereby the decision of the State to re-appoint Sonali Chakravarti Banerjee as Vice-Chancellor of Calcutta University was set aside. Senior Advocate, Mr. Singhvi appearing on behalf of the State of West Bengal apprised the Bench …

Supreme Court Dismisses Plea To Accept Nomination For Vice President Election
2 years, 7 months ago

Supreme Court Dismisses Plea To Accept Nomination For Vice President Election

Live Law  

The Supreme Court of India on Monday rejected a petition filed by Dr. Mandati Thirupati Reddy seeking to direct the Election Commission of India to accept his nomination to the post of Vice President of India. A Division Bench of Justices UU Lalit and S Ravindra Bhat, while rejecting the petition said, "The nature of relief prayed for in the …

'Can Be Listed Only After Placing Before CJI' : Supreme Court Vacation Bench On Plea To Sack Delhi Minister Satyender Jain & Maharashtra Minister Nawab Malik
2 years, 9 months ago

'Can Be Listed Only After Placing Before CJI' : Supreme Court Vacation Bench On Plea To Sack Delhi Minister Satyender Jain & Maharashtra Minister Nawab Malik

Live Law  

The Supreme Court on Thursday told Advocate Ashwini Updahyay that the PIL seeking direction to Delhi Governmentt to sack its Health Minister Satyendar Jain & to Maharashtra Government to sack its Cabinet Minister Nawab Malik, in connection with money laundering cases being investigated against them, could only be posted after it us placed before the Chief Justice of India. This …

Supreme Court Agrees To Hear Maharashtra Speaker Election Issue Next Week
2 years, 11 months ago

Supreme Court Agrees To Hear Maharashtra Speaker Election Issue Next Week

Live Law  

The Supreme Court on Thursday agreed to hear next week plea filed by BJP MLA Girish Mahajan challenging Bombay High Court's order dismissing his PIL against change in Maharashtra Speaker Election Rules.A Bench Comprising CJI NV Ramana and Justice Krishna Murari allowed urgent listing of the matter after it was mentioned by Senior Advocate AM Singhvi on behalf of the …

Candidates Cannot Change Domicile Status In Counselling Form After Last Date Of Registration: High Court Of Madhya Pradesh
3 years, 1 month ago

Candidates Cannot Change Domicile Status In Counselling Form After Last Date Of Registration: High Court Of Madhya Pradesh

Live Law  

The High Court of Madhya Pradesh recently dismissed a petition filed by a NEET candidate seeking directions of the Court to allow him to change his domicile status to M.P. Citing Rule 6 of the Madhya Pradesh Medical Education Admission Rules, 2018, the division bench of Justice Sujoy Paul and Justice Arun Kumar Sharma held- The language of Rule 6 …

Reservation In Civic Body Elections : Supreme Court Adjourns Pleas Challenging Madhya Pradesh High Court's Order Of Staying Reservation Notification
3 years, 3 months ago

Reservation In Civic Body Elections : Supreme Court Adjourns Pleas Challenging Madhya Pradesh High Court's Order Of Staying Reservation Notification

Live Law  

The Supreme Court today adjourned the batch of special leave petitions assailing Madhya Pradesh High Court's interim order of staying the notification dated December 10, 2020, related to the method of reservation in the civic body elections for Monday.The notification dated December 10, 2020 issued by the State reserved the offices of the President of various Municipal Councils and Mayor. …

[Reservation In Civic Body Elections] Supreme Court Issues Notice In Plea Challenging Madhya Pradesh High Court's Order Of Staying Reservation Notification
3 years, 3 months ago

[Reservation In Civic Body Elections] Supreme Court Issues Notice In Plea Challenging Madhya Pradesh High Court's Order Of Staying Reservation Notification

Live Law  

The Supreme Court today issued notice in the Special Leave petition assailing Madhya Pradesh High Court's interim order of staying the notification related to method of reservation in the civic body elections.The notice was issued by the bench of Justices AM Khanwilkar and CT Ravikumar.The High Court had stayed the notification dated December 10, 2020 to the extent. The Supreme …

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