SC Judges v. Judges: 3 Judge Bench overrules Judgment of another of same strength

Judiciary Feb 22, 2018 Editor : Shreya Bansal 0 Shares

In a shocking order on Wednesday by a three-judge bench of the Supreme Court headed by Justice Madan B. Lokur, has overruled the order of another three-judge Bench and requested the High Courts across the country not to decide any case of land acquisition on the basis of the ruling.

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The Bench also comprising Justice Kurian Joseph and Justice Deepak Gupta has found serious faults with the judgment passed by another Bench of three judges led by Justice Arun Mishra in a land acquisition case on February 8.

The February 8, judgment has ruled that land acquisition by a government agency cannot be set aside if the plot owners do not accept compensation within five years of its deposit with the treasury. The ruling gave an upper hand to the government in land acquisition matters.

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The Bench headed by Justice Lokur is now considering whether the issue should be referred to a larger Bench.

As the Judicial discipline dictates the Supreme Court Bench cannot overrule the judgment of another Bench with the same number of judges.

The matter will be taken up for hearing on March 7 until which the new ruling shall cease to operate in the High Court and the Supreme Court.

Collegium Recommendations Pending with the Center for Over 6 Months Will Be Decided Within 3 Months, AG Tells Supreme Court

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In line with the latest announcement by the the Attorney General, the Center will decide the collegium recommendations made by the Supreme Court within three months. They have been pending with the ministry for over 6 months.The bench that comprised of Chief Justice of India SA Bobde, Justice Kishan Kaul and Surya Kant, have recorded this submission made by the AG.“This case would be brought to a reasonable conclusion if the center tells us the timeline it will be sticking to at every...

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The Supreme Court in its judgement in Asset Reconstruction Company (India) Limited v. Bishal Jaiswal & Anr. (CIVIL APPEAL NO.323 OF 2021) clarified the question of law and held that entries in the balance sheet can be taken as an acknowledgement of outstanding debt for the purpose of Section 18 of the Limitation Act, 1963. The judgement came from a bench comprising of Justice Rohinton Nariman, BR Gavai and Hrishikesh Roy.Section 18 of the Limitation Act, 1963 extends the period of...

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