Supreme Court Structural and Jurisprudential Problems

The First V.R. Krishna Iyer Memorial National Law Lecture delivered by Hon'ble Justice J.Chelameshwar on November 28, 2015 at Kochi.Ladies and Gentlemen, I am before you overwhelmed by emotions, which are conflicting. It is a singular honour to be called upon to deliver the ‘First V.R. Krishna Iyer Memorial Law Lecture.’ But, at the same time, the very fact that I have to come back for...

On the occasion of 31st Anniversary of Bhopal Gas Disaster, fresh demand to disclose Inquiry Commission Report on Gas Leak

Even as victims of industrial disaster caused by Union Carbide Corporation (UCC), currently owned by the Dow Chemical Company (DOW), USA await relief and justice, an NGO, Toxic Watch, has given a new twist to the fresh evidence that surfaced in 2013 on how UCC’s unit in Bhopal got the industrial license on 31stOctober, 1975.UCC, the 37th largest company in the world had applied for...

‘Life Sentence’ and ‘Remission’; Questions referred to Constitution Bench in Sriharan Case and the Answers given [Read Judgment]

BackgroundIn Swamy Shraddananda (2) v. State of Karnataka (2008), a three Judge Bench of the Supreme Court held that there is a good and strong basis for the Court to substitute a death sentence by life imprisonment or by a term in excess of fourteen years and further to direct that the convict must not be released from the prison for the rest of his life or for the actual term as specified...

Rajiv killers cannot be freed without Centre’s “concurrence” as CBI was probe agency: SC Constitution Bench [Read Judgment]

For now, the seven life convicts in the Rajiv Gandhi assassination case which includes four Sri Lankans, will remain in Vellore Central Prison in Tamil Nadu, as a five judge Constitution bench of the Supreme Court today ruled that the Tamil Nadu government headed by J Jayalalithaa could not have unilaterally granted them remission.However their fate of V. Sriharan alias Murugan, Santhan,...

Breaking; NI Act Ordinance 2015 is Retrospective; Dashrath Rathod's Judgment have no effect in view of the Amendment; SC [Read Judgment]

A Two Judge Bench of the Supreme Court comprising of Justices J.S.Khehar and R.Banumati has held that, in view of the Amended Section 142(2) of Negotiable Instruments (Amendment) Second Ordinance 2015, the place where a cheque is delivered for collection i.e., the branch of the bank of the payee or holder in due course, where the drawee maintains an account, would be the determinative of...

Meghalaya High Court’s order seeking imposition of draconian AFSPA invites protests

On November 2, the High Court of Meghalaya suggested suo motu to the Central Government to impose the draconian Armed Forces (Special Powers) Act, 1958 in the Garo Hills area. The order has led to dismay among informed citizens of civil society for several reasons.It is pointed out that the power to notify an area as disturbed and extend application of AFSPA lies exclusively with the...

Upload all FIRs on Police website; provide copy of FIR to accused within 24 hours: Allahabad HC [Read Order]

Allahabad High Court has directed the State Government to ensure that all FIRs be uploaded on the website of the U.P. Police, except in exceptional circumstances, “where the need to preserve the identity of the victim, the course of proper investigation, the protection of witnesses and other aspects involving a predominant consideration of public interest may warrant the FIR not being...

Death due to delay in reaching hospital caused by road blockage; MP HC directs compensation and appreciates Law Student who won the PIL [Read Order]

“We also appreciate the valiant effort made by a student of law as a responsible citizen of Indore and also make a request to the general public that such negligence should not re-occur and it should be more sensitive to the critical cases of such nature and priority should be given to such patients in the traffic”.In a Public Interest Litigation filed by Shri Abhishek Gilke, a law student from Devi Ahilya Vishwavidyala, Indore praying compensation from various authorities of the state...

Shashi Tharoor submits private members bill to scrap S.377; Jaitley, Chidambaram and Bhushan opine SC must review Kaushal Judgment

Speaking at Times LitFest on Saturday, Finance Minister Arun Jaitley and his predecessor P. Chidambaram have unanimously come out in support of the rainbow pride, saying that the 2013 judgment upholding Section 377 of the Indian Penal Code needs a relook.Clarifying that they were speaking in their individual capacity, the two top leaders from BJP and Congress were of the view that the Delhi...

CJI Dattu may be offered the post of NHRC Chairperson; Ms. Indira Jaising says independence of judiciary undermined by post retirement benefits

The Post of Chairperson of the National Human Rights Commission is most likely to be offered to Chief Justice of India H.L. Dattu, who is scheduled to retire on December 2.The Government is reportedly waiting for CJI Dattu to demit office, before his consent is sought for consideration of his name by a high-level committee headed by Prime Minister Narendra Modi. A Senior Government official...

SC says Lawyers should not go on Strike; but Jethmalani defends Bar saying not to work also a “constitutional right”

Observing that  lawyers should not go on strike or give calls to boycott courts, the Supreme Court today  gave a months time to various bar bodies including the Bar Council of India to convene a meeting to solve the problem caused by frequent boycotts once and for all.A bench of Justices Kurian Joseph and Arun Mishra said : “Our view is that the lawyers should not go on strike. it's...

Relief for Law Minister Sadananda Gowda in Land Case; Supreme Court quashes Karnataka HC Judgment [Read Judgment]

In spite of the clout that Sadananda Gowda may have wielded in Karnataka, his actions relating to the construction of the building on his plot of land do not suggest any abuse, the Apex Court said while allowing the appeal by the Law Minister.Supreme Court of India has set aside the judgment of Karnataka High Court which had quashed the orders sanctioning the building construction plans in...