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Supreme Court

Supreme Court on appointment of Tribunal members

The Hon’ble Supreme Court by majority of 2:1 in the case of Madras Bar Association vs. Union of India & Anr. has struck down certain provisions of Tribunals Reforms (Rationalization and Conditions of Service) Ordinance 2021 which provided minimum age limit for appointment as members in various tribunals to be 50 years. The majority observed that the minimum age requirement of 50 years proposed by the ordinance is in violation of the earlier directions given by the court in 2020 Madras Bar Association Case, that proposes that the advocates with minimum 10 years of experience should be rendered as eligible...

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Justice Delayed is Justice Denied: Cheque Bounce cases under Sec.138 N.I. Act

Cheque Bounce Advocate Chandigarh

A 5-judge Constitution Bench of the Hon’ble Supreme Court of India in a Sou Motu petition has recommended amendments in Section 138 of the Negotiable Instruments Act, 1881 and issued several other guidelines in order to make the Act more efficient in disposing of the cases of dishonor of cheque in a speedy manner since there has been a huge backlog of cases on the matter pending for disposal which is raising questions on the efficacy of the existing laws. The learned Amici Curiae as appointed by the Apex Court in its preliminary report submitted that total number of criminal cases...

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Supreme Court’s outlook on ‘Reservation’

MARATHA RESERVATION The review petition filed by the central government challenging the decision of Supreme Court’s in the case of Union of India vs. Shiv Sangram & Ors. has been dismissed by the five-judge Constitution bench. Background of the case The state of Maharashtra promulgated an ordinance on 9th July 2014, granting 16% reservation in education and public employment to the Maratha community. However, the same was stayed by the Bombay High Court via an interim Order. Thereafter, Maharashtra further enacted the Socially and Educationally Backward Classes Act, 2014 granting 16% reservation to educationally and socially backward classes amongst whom the Maratha community...

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Supreme Court – Trial cannot be quashed for investigation of SC-ST offences by incompetent Police Officer

The Supreme Court in a noteworthy case of State of Madhya Pradesh Vs Babbu Rathore & Anr has observed that, when the offence complained is both under Indian Penal Code and Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, the investigation which is being made by a competent police officer in accordance with the provisions of the Criminal Procedure Code cannot be quashed for non-investigation of the offence under Section 3 of the Act by a competent police officer....

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