International Asset Reconstruction Company of India versus The Official Liquidator of Aldrich Pharmaceuticals Ltd. & Ors. – The bench comprising of Justice AM Sapre and Justice Navin Sinha of the Hon’ble Supreme Court of India has held in this judgment that the Debt Recovery Tribunals have no power to condone the delay under Section of the Limitation Act in filing an appeal under Section 30(1) of the Recovery of Debts and Bankruptcy Act, 1993 if the statutory period of 30 days expires. The Court further held that the proceedings before a Tribunal cannot be considered to be at par with that before a Court. The Tribunal derives power from the Statute creating it and cannot exercise any power which is not expressly conferred by it.
The Right to Privacy has been declared to be a constitutional right in an unanimous decision by the Supreme Court of India in a recent judgment. A byproduct of the Aadhaar Case, the Supreme Court was prodded to analyse if the Right to Privacy was guaranteed by the Constitution of India as the same is linked to the protection of personal data. This judgment has gone a long way to re-establish the role of the Apex Court of the country in protecting democracy.
Justice Dipak Misra has announced that Establishments for Legal Assistance or Nyay Sanyog to be set up countrywide. This is aimed at making it easy for everyone to get information with regard to legal services. Justice Misra apart from being a Judge of the Supreme Court of India, is also the Executive Chairman of the National Legal Services Authority. The first Nyay Sanyog was established in Delhi May 17, 2017. Justice Misra said “Legal Assistance Establishments are multiple services-single point establishments for providing facilities for legal aid seekers under one roof and at a single location.”
The presently sub judice, controversial case of Mr. Kulbhushan Jadhav at International court of Justice (ICJ) has made the whole world glued to the dispute between India and Pakistan as this case not only focuses on Mr. Jadhav, an ex Indian Naval officer who has been sentenced to be executed on account of being an Indian spy, but also how the volatile and incongruous relationship between India and Pakistan has led the matter to the doors of an International Court.
The argument taken by India on ground of jurisdiction was the violation of Vienna Convention on Consular Relations by Pakistan as they denied Mr. Jadhav access to legal assistance. The relief demanded by India is to set Mr. Jadhav free, or in alternative, to declare the military court trial unfair and not in accordance with International Law, and thereby to order a new trial by way of restitution in integrum.