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Articles for Justices Ajay Rastogi

Bilkis Bano Case | Gujarat Govt Says Convicts Deserve Chance of Reformation; Supreme Court Asks, ‘Why Is Remission Policy Being Selectively Applied?’
1 year, 4 months ago

Bilkis Bano Case | Gujarat Govt Says Convicts Deserve Chance of Reformation; Supreme Court Asks, ‘Why Is Remission Policy Being Selectively Applied?’

Live Law  

The Supreme Court questioned why the policy for premature release was being applied selectively, during Thursday’s hearing in the challenge against the remission granted to Bilkis Bano’s rapists. There is only one life…hopefully.” ASG Raju explained, “My submission is that the court could have said that the second sentence would continue after remission in the first. The issue is whether …

Law Policy Supreme Court Court Maharashtra Remission Case
IBC - Delay In Filing CIRP Application Condonable On Sufficient Reasons : Supreme Court
1 year, 11 months ago

IBC - Delay In Filing CIRP Application Condonable On Sufficient Reasons : Supreme Court

Live Law  

The Supreme Court observed that delay in initiating Corporate Insolvency Resolution Process is condonable on sufficient grounds.The bench of Justices Ajay Rastogi and C T Ravikumar noted that the Limitation Act, 1963 are applicable to applications filed under Sections 7 and 9 of IBC. Referring to earlier judgments in Babulal Vardharji Gurjar v. Veer Gurjar Aluminium Industries Private Limited 15 …

Supreme Court Dispute Court Application Limitation Cause Period
Bail & Personal Liberty : Notable Supreme Court Judgments Of 2022
1 year, 11 months ago

Bail & Personal Liberty : Notable Supreme Court Judgments Of 2022

Live Law  

Earlier this month, the Chief Justice of the Supreme Court DY Chandrachud remarked that no case is small for Supreme Court and that it has to interfere in matters relating to personal liberty. The bench comprising Justices Ajay Rastogi and BV Nagarathna observed thus while considering a Special Leave Petition against an order passed by Chhattisgarh High Court dismissing an …

Personal Supreme Court Court Bail Title Courts Preventive Detention
Supreme Court Weekly Roundup [November 21 - November 27]
2 years ago

Supreme Court Weekly Roundup [November 21 - November 27]

Live Law  

Presumption Under Section 139 NI Act Includes A Presumption That There Exists A Legally Enforceable Debt Or Liability : Supreme Court Jain P. Jose vs Santhosh | 2022 LiveLaw 979 | SLP 5241 OF 2016 The Supreme Court reiterated that the presumption under Section 139 of Negotiable Instruments Act includes a presumption that there exists a legally enforceable debt or …

India Justice Tamil Nadu Supreme Court High Court Constitution High Courts
'Anticipatory Bail Condition Directing Panchayat Teacher To Return Her Salary Not Legally Sustainable': SC Sets Aside Patna HC Direction
2 years, 1 month ago

'Anticipatory Bail Condition Directing Panchayat Teacher To Return Her Salary Not Legally Sustainable': SC Sets Aside Patna HC Direction

Live Law  

The Supreme Court set aside an anticipatory bail condition imposed by Patna High Court directing a Panchayat Teacher to return her salary.The bench of Justices Ajay Rastogi and CT Ravikumar observed that such conditions are neither justified nor required to be imposed while granting anticipatory bail.Divya Bharti, a Panchayat Teacher, had approached the Patna High Court seeking anticipatory. The Supreme …

Salary Court Bail High Panchayat Condition Return
Supreme Court News Updates Weekly Round Up [October 31 to November 6]
2 years, 1 month ago

Supreme Court News Updates Weekly Round Up [October 31 to November 6]

Live Law  

NEWS THIS WEEK Supreme Court Quashes Criminal Defamation Case Against Aroon Purie, Former India Today Chief Editor Supreme Court bench comprising Chief Justice UU Lalit, Justices Ravindra Bhat and Bela M Trivedi granted relief to Aroon Purie, founder-director of India Today in defamation suit. Supreme Court Issues Notice On PIL Challenging Section 62 Which Deprives Prisoners The Right To Vote …

India Karnataka Delhi Supreme Court Sri Lanka Malayalam Constitution
POCSO Act - Non-Reporting Of Sexual Assault Despite Knowledge Is A Serious Crime : Supreme Court
2 years, 1 month ago

POCSO Act - Non-Reporting Of Sexual Assault Despite Knowledge Is A Serious Crime : Supreme Court

Live Law  

The Supreme Court observed that non-reporting of sexual assault against a minor child despite knowledge is a serious crime.More often than not, it is an attempt to shield the offenders of the crime of sexual assault, the bench of Justices Ajay Rastogi and CT Ravikumar said while setting aside the Bombay High Court order that quashed criminal proceedings against a …

Crime Medical Supreme Court Sexual Assault Evidence Court Criminal Procedure
Stock Broker Should Obtain A Certificate Of Registration From SEBI For Each Of The Stock Exchange Where He Operates : Supreme Court
2 years, 2 months ago

Stock Broker Should Obtain A Certificate Of Registration From SEBI For Each Of The Stock Exchange Where He Operates : Supreme Court

Live Law  

The Supreme Court held that a stock broker should obtain a certificate of registration from SEBI for each of the stock exchange where he operates.The bench of Justices Ajay Rastogi and BV Nagarathna disagreed with the Delhi High Court judgment that a single registration with Securities and Exchange Board of India is sufficient even if the stock broker has various …

Supreme Court Board Court Regulations Registration Delhi High Court Stock
Supreme Court Half Yearly Round-Up -[January To June]
2 years, 2 months ago

Supreme Court Half Yearly Round-Up -[January To June]

Live Law  

Employee Who Refuses Promotion Offer Not Entitled To Financial Upgradation Merely Because She Suffered Stagnation : Supreme Court Case Title: Union of India v. Manju Arora Citation: 2022 LiveLaw 1 The Supreme Court observed that if a regular promotion is offered but is refused by the employee before becoming entitled to a financial upgradation, she/he shall not be entitled to …

India Supreme Court High Court Constitution High Courts Court Uttar Pradesh
Bail Application Must Be Decided Expeditiously And Not To Be Posted In 'Due Course Of Time': Supreme Court
2 years, 3 months ago

Bail Application Must Be Decided Expeditiously And Not To Be Posted In 'Due Course Of Time': Supreme Court

Live Law  

The Supreme Court reiterated that bail applications must be decided as expeditiously as possible and not to be posted in due course of time.The bench comprising Justices Ajay Rastogi and BV Nagarathna observed thus while considering a Special Leave Petition against an order passed by Chhattisgarh High Court dismissing an interim relief prayed in an anticipatory bail application. The Supreme …

Supreme Court Court Bail Applications Application High Course
Supreme Court Weekly Round Up : May 30 - June 3,2022
2 years, 6 months ago

Supreme Court Weekly Round Up : May 30 - June 3,2022

Live Law  

Supreme Court Judgements Case Title: Levaku Pedda Reddamma vs Gottumukkala Venkata Subbamma | CA 4096 OF 2022 Citation: 2022 LiveLaw 533 The Supreme Court observed that refusing permission to a party in a civil suit to produce additional documents even if there is some delay will lead to denial of justice. As such, the holder of such certificate would be …

Supreme Court High Court Constitution Court Public Interest National Order
Appointment Of A New Arbitrator Who Holds Proceedings At A Different Location Would Not Change Jurisdictional 'Seat' Already Fixed By Earlier Arbitrator : Supreme Court
2 years, 7 months ago

Appointment Of A New Arbitrator Who Holds Proceedings At A Different Location Would Not Change Jurisdictional 'Seat' Already Fixed By Earlier Arbitrator : Supreme Court

Live Law  

The Supreme Court observed that the appointment of a new arbitrator who holds the arbitration proceedings at a different location would not change the jurisdictional 'seat' already fixed by the earlier or first arbitrator.The place of arbitration in such an event should be treated as a venue where arbitration proceedings are held, the bench of Justices Ajay Rastogi and Sanjiv. …

Justice Delhi Supreme Court Arbitration Jurisdiction Location Parties
Supreme Court Weekly Round Up: April 18 To April 24, 2022
2 years, 8 months ago

Supreme Court Weekly Round Up: April 18 To April 24, 2022

Live Law  

Supreme Court Judgements The Supreme Court bench of Justices M.R. Member Of Disciplined Force Expected To Control Mind & Passion" : SC Upholds SSB Constable's Removal For Entering Women Barracks At Night Case Title : Anil Kumar Upadhyay versus The Director General, SSB and others Citation : 2022 LiveLaw 392 The Supreme Court bench of Justices MR Shah and BV …

India Portugal Karnataka Kerala Delhi Supreme Court High Courts
Doctors Cannot Be Held Liable For Medical Negligence Merely Because They Could Not Save The Patient : Supreme Court
2 years, 8 months ago

Doctors Cannot Be Held Liable For Medical Negligence Merely Because They Could Not Save The Patient : Supreme Court

Live Law  

The Supreme Court observed that merely because doctors could not save the patient, he/she cannot be held liable for medical negligence. "The doctors are expected to take reasonable care, but no professional can assure that the patient will come back home after overcoming the crisis" the bench comprising Justices Ajay Rastogi and Abhay S. Oka observed.The court added that the …

Medical Supreme Court Medical Negligence Court Negligence Care Doctors
Supreme Court Monthly Round-Up March 2022
2 years, 8 months ago

Supreme Court Monthly Round-Up March 2022

Live Law  

Limitation Period Cannot Be Extended On Equitable Grounds: Supreme CourtCase Title: Lingeswaran vs Thirunagalingam | SLP 2054-2055/2022 | Citation: 2022 LiveLaw 227 The Supreme Court observed that an application for condonation of delay has to be dismissed if it is found that the delay is not properly explained and that the period of limitation cannot be extended on equitable. Section …

India Karnataka Tamil Nadu Odisha Disciplinary Proceedings Supreme Court High Court
Superannuation Does Not Absolve Employee From Misconduct;Bank Employee Always Holds Position Of Trust : Supreme Court
2 years, 10 months ago

Superannuation Does Not Absolve Employee From Misconduct;Bank Employee Always Holds Position Of Trust : Supreme Court

Live Law  

The Supreme Court has observed that superannuation of an employee does not absolve him from the misconduct committed in discharge of his duties.The bench of Justices Ajay Rastogi and AS Oka was considering SLP assailing Patna High Court's order dated 11th May 2010. In the impugned judgment the High Court had upheld Tribunal's finding wherein it was observed that the …

Supreme Court Court Dismissal Misconduct Order Tribunal Respondent
Supreme Court Monthly Digest: January 2022 [Citation: 2022 LiveLaw (SC) 1 To 2022 LiveLaw (SC) 106]
2 years, 10 months ago

Supreme Court Monthly Digest: January 2022 [Citation: 2022 LiveLaw (SC) 1 To 2022 LiveLaw (SC) 106]

Live Law  

Employee Who Refuses Promotion Offer Not Entitled To Financial Upgradation Merely Because She Suffered Stagnation : Supreme CourtCase Title: Union of India v. Manju AroraCitation: 2022 LiveLaw 1The Supreme Court observed that if a regular promotion is offered but is refused by the employee before becoming entitled to a financial upgradation, she/he shall not be entitled to. RBI Has Wide …

India Delhi Supreme Court High Court Constitution High Courts Court
Rights Of Parents Irrelevant When Court Decides Custody Of Their Child: Supreme Court
2 years, 11 months ago

Rights Of Parents Irrelevant When Court Decides Custody Of Their Child: Supreme Court

Live Law  

The Supreme Court has observed that the rights of the parents are irrelevant when a Court decides the issue of custody of their minor child.The issue of custody of a minor, whether in a petition seeking habeas corpus or in a custody petition, has to be decided on the touchstone of the principle that the welfare of a minor is …

India Welfare Parents Court Rights Custody Child
UAPA Annual Digest 2021 : Important Judgments Of Supreme Court & High Courts
2 years, 11 months ago

UAPA Annual Digest 2021 : Important Judgments Of Supreme Court & High Courts

Live Law  

As we step into 2022, LiveLaw brings to you a yearly Round-up of important cases pertaining to the controversial Unlawful Activities Act, 1967 from the Supreme Court, High Courts and trial courts across the country. Writ Jurisdiction Can Be Exercised To Grant Bail On Health Grounds Even When Bail Has Been Rejected On Merits Under UAPA : Bombay High Court …

India Justice Delhi Mumbai Supreme Court High Court Constitution
Supreme Court Monthly Digest: November 2021 [Citation: LL 2021 SC 617 To LL 2021 SC 695]
3 years ago

Supreme Court Monthly Digest: November 2021 [Citation: LL 2021 SC 617 To LL 2021 SC 695]

Live Law  

Insurance Claim Liable To Be Rejected If Premium Was Not Paid On Due DateThe Supreme Court observed that it is not permissible to rewrite the contract while interpreting the terms of the Insurance Policy. A Bench comprising CJI NV Ramana, Justices Surya Kant and Hima Kohli observed, "We are afraid, the plea of waiver taken against the appellant-State on the …

India Karnataka Kerala Delhi Disciplinary Proceedings Supreme Court High Court
Negative Discrimination Can't Be Claimed Under Articles 14 & 16 Referring To Persons Erroneously Regularized: Supreme Court
3 years ago

Negative Discrimination Can't Be Claimed Under Articles 14 & 16 Referring To Persons Erroneously Regularized: Supreme Court

Live Law  

While considering a special leave petition assailing Jharkhand High Court's order with regards to claim for regularisation, the Supreme Court has observed that one cannot claim negative discrimination qua the persons who have been erroneously granted the benefit of regularisation under Articles 14 and 16 of the Constitution.The bench of Justices Ajay Rastogi and AS Oka remarked that, "We do. …

Supreme Court Constitution Court Claim 240 Days Justices Ajay Rastogi Negative Discrimination
Supreme Court Monthly Digest: October 2021 [Citation: LL 2021 SC 525 To LL 2021 SC 616]
3 years ago

Supreme Court Monthly Digest: October 2021 [Citation: LL 2021 SC 525 To LL 2021 SC 616]

Live Law  

Forcing Party To Undergo DNA Test Against Will Impinge On Personal Liberty & Right To PrivacyThe Supreme Court observed that forcing an unwilling party to undergo DNA test impinges on personal liberty and right to privacy. A bench comprising Justices L Nageswara Rao and BR Gavai held that the officers have committed civil contempt of court for not following the …

Karnataka Kerala Delhi Supreme Court High Court Constitution Court
Section 438 CrPC : Supreme Court Deprecates Practice Of Filing Second Application For Pre-Arrest Bail After Rejection Of First
3 years ago

Section 438 CrPC : Supreme Court Deprecates Practice Of Filing Second Application For Pre-Arrest Bail After Rejection Of First

Live Law  

While considering a special leave petition assailing Jharkhand High Court's order, the Supreme Court recently deprecated the practice of filing a second application u/s 438 of the Code of Criminal Procedure after the rejection of the first one. The bench of Justices Ajay Rastogi and AS Oka noted that the High Court on November 10, 2020 had rejected petitioner's first …

Court Bail Application High Second Filing Code
Kerala Abkari Act-Whether Conviction Sustainable When Independent Witnesses To Search Turned Hostile: Supreme Court To Examine
3 years ago

Kerala Abkari Act-Whether Conviction Sustainable When Independent Witnesses To Search Turned Hostile: Supreme Court To Examine

Live Law  

The Supreme Court recently agreed to examine whether conviction under Kerala Abkari Act was sustainable when independent witnesses to search turned hostile.The bench of Justices Ajay Rastogi and AS Oka issued notice in the special leave petition assailing Kerala High Court's order dated June 11, 2021.In the impugned order, the High Court bench of Justice K Haripal. The Supreme Court …

Kerala Court Independent Witness Search Prosecution Act