Justice Bela Trivedi - The Legal Chamber

Supreme Court Directs Faster Resolution for Temple Disputes in Mathura & Vrindavan

25May

By The Legal ChamberNo Comments

Supreme Court

Supreme Court Directs Faster Resolution for Temple Disputes in Mathura & Vrindavan

The Supreme Court ruled on the appointment of temple receivers under Order XL Rule 1 CPC, emphasizing that advocates should not routinely manage religious institutions due to potential conflicts of interest. It directed courts to appoint administrators with religious and administrative expertise while prioritizing expedited dispute resolution. The Court also permitted the state to utilize temple funds for land acquisition under strict conditions, ensuring ownership remains with the deity/trust. The judgment reinforces judicial restraint in prolonged receiverships and aligns with Article 25(2) of the Constitution, allowing state intervention for public order and pilgrim welfare. Facts Of The Case: The case arose from a dispute over the management of Sri Giriraj Temple, Govardhan, Ma...

Supreme Court Says Depositors First, Banks Later in NSEL Scam Case: MPID Act Overrides SARFAESI

The Supreme Court ruled that the Maharashtra Protection of Investors and Depositors (MPID) Act 1999 prevails over the SARFAESI Act, 2002 and Recovery of Debts Act 1993, denying secured creditors priority over assets attached under MPID. It also held that properties attached under MPID remain outside IBC moratorium, ensuring depositor claims take precedence over insolvency proceedings. The judgment reaffirms state legislative competence under List-II (State List) and upholds federalism by preventing central laws from overriding state-enacted investor protection measures. Facts Of The Case: The case arose from the 2013 National Spot Exchange Limited (NSEL) scam, where around 13,000 investors lost approximately ₹5,600 crores due to payment defaults by trading members. NSEL, a commodit...

POCSO Case Delays Addressed: Supreme Court Directs Faster Trials in Child Sexual Abuse Cases

The Supreme Court, in its suo moto jurisdiction, issued directives to expedite trials under the POCSO Act 2012, mandating exclusive special courts in districts with over 100 pending cases. It emphasized time-bound investigations, child-friendly infrastructure, and sensitized personnel. The Court also stressed forensic lab efficiency and victim compensation, reinforcing strict adherence to statutory timelines to curb delays in child sexual abuse cases Facts Of The Case: The Supreme Court of India took suo moto cognizance in July 2019 of the alarming rise in child sexual abuse cases across the country, registering the matter as "In Re: Alarming Rise in the Number of Reported Child Rape Incidents." This judicial intervention was prompted by numerous media reports highlighting the increasing...