Supreme Court's approval to new qualifications for Panchayat Contestants raises disturbing questions, say Activists

International Human Rights Day this year witnessed the highest Court of the country pronouncing a judgment that is being condemned as a blow to a most basic civil right, the right to vote and contest elections.The Bench, comprising Justice J. Chelameswar and Justice A.M. Sapre upheld the validity of Haryana Panchayati Raj (Amendment) Act, 2015 (Act 8 of 2015), which interalia introduced...

Injunction of an unconditional Bank Guarantee cannot be granted except in case of fraud or ‘special equities’, SC [Read Judgment]

Supreme Court traces the law on the subject matter and summarizes the principles for grant or refusal of injunction to restrain enforcement of bank guaranteeResolving the legal nodus as to whether the beneficiary of an unconditional and irrevocable bank guarantee can be injuncted from enforcing the guarantee at the instance of the customer of the bank on whose behalf the guarantee has...

Additional Evidence cannot be produced at Appellate Stage without fulfilling any of the conditions mentioned in Or.41 R 27; SC [Read Judgment]

The Supreme Court has held in a recent judgment that parties to a civil litigation are not entitled to produce additional evidence, whether oral or documentary, in the appellate court, but for the three situations contemplated in Order 41 Rule 27 of the Code of Civil Procedure, 1908 (for short “the Code”).The Supreme Court also held that it was improper for the High Court in exercise of...

SC upholds the Vires of Bihar and Orissa Spl. Courts Act including provisions for Confiscation of Assets amassed by public servants [Read Judgment]

In a significant judgment rendered today, the Apex Court has upheld the constitutionality of two legislations passed by the states of Bihar and Odisha to tackle corruption in their respective states.Called upon to decide the correctness of the judgments rendered by the High Court of Judicature of Orissa at Cuttack and the High Court of Judicature at Patna upholding the constitutional validity...

RTI without Right to Redressal ?

Even as RTI Act completed 10 years, the universe has completed eight hundred years of magna carta [Article 61 of the Magna Carta (originally known as the Charter of Liberties) of 1215. Magna Carta means "the Great Charter", also called Magna Carta Libertatum (Latin for "the Great Charter of the Liberties")]; which agreed on an individual’s right to something against the powers that be. It was...

Justice HL Dattu’s record as a Judge

The former CJI, HL Dattu, as a Judge of the Supreme Court, had authored 82 reportable judgments of which he wrote just three judgments as the CJI.  He had consented to 159 reportable judgments, including 18 as the CJI, which were authored by his brother Judges. He was part of the benches which delivered 342 non-reportable judgments or orders, most of whose authorship is not shown separately...

Post retirement jobs for Judges: Judicial and Political divide calls for Appropriate Amendments

Displaying sharp contrast with his predecessor, CJI Dattu has indicated his willingness to accept the Government’s proposal to be appointed as the Chairperson of the National Human Rights Commission (NHRC). “If I get it (NHRC chairperson’s post), it is fine. If I don’t get it, it is still fine. At present I don’t know who will be appointed. Sab prabhu ki kripa se hota hai...

District Consumer Forums can grant a further period of 15 days to the opposite party for filing his version and not beyond that: Supreme Court

We reiterate the view that the District Forum can grant a further period of 15 days to the opposite party for filing his version or reply and not beyond that, the three Judge Bench of the Apex court said holding that the law laid down in Dr. J.J. Merchant case (2002) prevails over latter view taken in Kailash case (2005).Three Judges Bench of Supreme Court, answering a reference to it in...

Consider including the names of Acid Attack Victims under the Disability List: Supreme Court [Read Judgment]

The very sight of the victim is traumatizing for us. If we could be traumatized by the mere sight of injuries caused to the victim by the inhumane acid attack on her, what would be the situation of the victim be, perhaps, we cannot judge. Nonetheless we cannot be oblivious of the fact of her trauma, the bench said.The Supreme Court has directed all the States and Union Territories to consider...

Pressure likely to mount on Collegium to recommend appointment of SC/ST/BC Judges to High Courts and Supreme Court

Even as the Supreme Court’s Collegium, after its reconstitution under the new Chief Justice of India, Justice T.S.Thakur, is yet to hold its first meeting to recommend new Judges to the High Courts and the Supreme Court, LiveLaw has learnt that pressure is likely to be mounted on it to recommend sufficient SC/ST/BC Judges to High Courts and Supreme Court.With six vacancies of Judges in...

CJI T S Thakur says appointments only after verdict on improving collegium

Though appointments of nearly 400 judges to the High Courts was one of the biggest tasks before the collegium headed by him, newly appointed Chief Justice T S Thakur today said he would commence the process only after the constitution bench delivered its judgment on how to improve the system ane remove flaws.The CJI was skeptical about the apex court's Constitution Bench's nod that the...

Supreme Court Weekly Round-Up

Justice TS Thakur is the new CJIJustice T.S.Thakur has sworn in as the 43rd Chief Justice of India. He succeeded Justice H L Dattu who demitted office on Wednesday. Justice Thakur has tenure of over a year as Chief Justice of India.Rajiv Gandhi assassins could not be freed unilaterally by TN GovtFive judge Constitution bench of the Supreme Court has ruled that Tamil Nadu government could...