Handing over child custody to an institution, ignoring parent’s claim not acceptable: SC [Read Order]

The Supreme Court, in BEATA AGNIESZKA SOBIERAJ VS. STATE OF HIMACHAL PRADESH has depreciated the practice of handing over the custody of the child to an institution, while ignoring the claim of a parent, especially the mother of the child, as not acceptable.In the instant case, the father of the child has no objection to the handing over of parental custody to the mother. But the High...

PIL in SC seeking implementation of Police Reforms [Read Petition]

A Public interest Litigation (PIL) has been filed in Supreme Court seeking the implementation of directions issued by the Supreme Court in Prakash Singh Case related to Police Reforms. The Petition filed by BJP leader and Delhi based lawyer Ashwini Kumar Upadhya also sought the implementation of Model Police Act 2006.According to the Petitioner, the implementation of Model Police Act...

SC dismisses NCW’s curative petition against its 2014 JT protecting husbands against Automatic Arrests [Read Order]

The Supreme Court bench comprising the Chief Justice, TS Thakur, and justices Anil R Dave, J.S.Khehar, and Pinaki Chandra Ghose, on August 4, dismissed the curative petition filed by the National Commission for Women (NCW), by circulation, against its 2014 judgment in Arnesh Kumar v State of Bihar.Arnesh Kumar was delivered by a two-Judge bench comprising justices Chandamauli Kr Prasad and...

All you need to know about the new Mental Healthcare Bill, 2016 [Read the Bill]

The Mental Healthcare Bill, 2016 was passed by Rajya Sabha last week, and is expected to be discussed in Lok Sabha during next session. The Bill repeals the existing Mental Health Act, 1987, which is vastly different in letter and spirit. The Act of 1987 had been widely criticised for proving to be inadequate to protect the rights of mentally ill persons. Here are certain things you need to...

BCCI vs CJI? Board files review against Lodha recommendations

In a move which could result in its direct confrontation with Chief Justice T S Thakur, the BCCI not only filed a review petition before the Supreme Court against its July 18 judgment directing the board to implement the Lodha Committee report which has recommended sweeping reforms in the structure, functioning and membership to the cricketing body but has also sought the recusal of the...

Quota for in-service candidates for PG Medical Admission not permissible: Giving Weightage marks for rural service valid: SC [Read Judgment]

Some weightage marks given to eligible in-service candidate linked to performance in NEET and also the length of service in remote and/or difficult areas in the State by no standard can be said to be excessive, unreasonable or irrational, said the bench.The Supreme Court of India has upheld the Allahabad High Court Judgment which quashed the Government notification enabling the State...

Chief Justice Thakur lashes out at PM Modi's silence on Judicial Appointments

Chief Justice of India TS Thakur today used the Independence Day function at the Supreme Court premises to lash out at Prime Minister Narendra Modi and Law Minister Ravi Shankar Prasad for not mentioning anything about the justice delivery system or judges appointment in their speeches.“You make roads, schools, hospitals but please also do say something about justice delivery to people. I...

The spirit of the Constitution has to be upheld by adherence to “Maryada” by the functionaries in the discharge of their duties: President Mukherjee

President of India Dr. Pranab Mukherjee in his address to the nation on the eve of India’s 70th Independence Day, 2016 stated that the Constitution has clearly defined the duties and responsibilities of every organ of the state.“It has established the ancient Indian ethos of “Maryada” as far as Authorities and Institutions of State power are concerned. The spirit of the Constitution...

CJI warns Centre against delaying appointment of judges [Read Petition]

“Don't force us to ask where the files are. Don’t force us to judicially intervene. Don’t try to bring this institution to a grinding halt. That's not the right thing to do."“Send the file back to us if you have a problem with a name suggested by us. We have no problem re-looking into it... But this kind of logjam…….whole situation is getting very difficult” “Do you know...

SC imposes Rs.25,000/- costs on BCI for inaction in Prof.Shamnad’s CLAT PIL [Read Order]

A Division Bench of the Supreme Court on Friday imposed costs of Rs. 25,000 on the Bar Council of India, for failing to respond to Prof. Shamnad Basheer’s petition demanding a permanent body for conducting the Common Law Admission Test (CLAT).Imposing the amount to be deposited as costs in the Supreme Court Advocates on Record Welfare Trust, the Bench comprising Chief Justice T.S. Thakur...

Right to peaceful protest is a fundamental right: SC [Read Judgment]

Doctrine of sovereign immunity does not apply to cases of fundamental rights violation and hence cannot be used as a defence in public law.A distinguishing feature of any democracy is the space offered for legitimate dissent, said the Court.Supreme Court of India Today has held that the right to peaceful protest is a fundamental right guaranteed in the Constitution and the aforesaid right...

SC lifts ban on sale of 2000 CC plus diesel SUVs after imposing green tax

In a major boost to auto majors, the Supreme Court today lifted its eight month old ban on registration of 2000 CC plus diesel cars.A special bench headed by Chief Justice T S Thakur allowed the sale after imposing a 1% cess on ex-show room price which will be levied as environmental tax which is to be paid either by the manufacturer, dealer or buyerTransport authorities have been directed...