UBER Case; Mere change of counsel cannot be ground to recall the witnesses; SC issues Guidelines relating to re-examination of Witnesses [Read the Judgment]

A two Judge bench of  Supreme Court of India comprising of Justice J S Khehar and Justice Adarsh Kumar Goel yesterday set aside the order of Delhi High Court which permitted the accused to re-examine Twelve prosecution witnesses, including the victim girl in the sensational UBER rape Case. [See the LiveLaw report here]In the Judgment Justice Goel had elaborately discussed the scope and ambit...

SC contempt notice to Delhi bar bodies on recent prolonged strikes; court to decide if advocates can boycott courts

The Supreme Court today issued notice to Delhi Bar Association, Delhi High Court Bar Association and Bar Council of India asking why action for contempt of court cannot be taken against lawyers bodies for willful violation of the constitution bench judgment of Supreme Court prohibiting strike by lawyers.The notice came on a petition filed by NGO Common Cause whose lawyer Prashant Bhushan...

Breaking ; Bar Council of India extends verification date under new Certificate and Practice Rules till 31st December, 2015

Bar Council of India has resolved to extend the date for filing of application for verification throughout the country up to 31st December, 2015. The notification says that the Council took note of the letter dated July 21, 2015 received from the Secretary, Bar Council of Maharashtra regarding implementation of ‘Certificate and Place of Practice (Verification) Rules, 2015’.The Council...

SC's blackmoney SIT for ban on receiving of cash donations by Schools, Colleges [Read the recommendations]

In a major effort to prevent generation of black money in education sector, the Supreme Court-appointed Special Investigation Team has asked the Modi government to ensure that schools and colleges across the country do not accept cash as donations.Bringing educational institutions under its ambit for the first time, the SIT headed by justices M B Shah and Arijit Pasayat said it should...

No leniency to be shown to employees in corruption cases of any degree ; Supreme Court [Read the Judgment]

The Supreme Court of India, on Monday, held that , in corruption cases, degree of corruption is immaterial and no lenient attitude is required to be shown.  An SC bench of Justices Dipak Misra and Prafulla C. Pant, upheld the order of disciplinary authority who had dismissed the Bus Conductor for allowing  25 passengers to travel in the bus without ticket, and reversed the  concurrent...

Hold talks with Bar bodies and evolve ‘Senior’ designation rules: SC to ‘amicus’ Rohatgi

Supreme Court today asked bar bodies to come forward and suggest ways to fine-tune the method of designating lawyers as ‘senior’ advocates and also assist in evolving firm criteria for the exercise.Appointing Attorney General Mukul Rohatgi as amicus curiae to hear the petition filed by senior lawyer and former Additional Solicitor General Indira Jaising seeking a judicial scrutiny of...

Three Years of Landmark Reforms; An account of Justice AP Shah’s Career as Chairman Law Commission of India [Sept 2012- August 2015]

As usual, leaving an indelible mark as Chairman of the 20th Law Commission of India, Justice Shah just finished his term completing the 3-years on this 31st August. Though he could not make it to the Supreme Court, thanks to the ‘collegiums’, he carries much aura and commands respect than many of the retired Supreme Court Judges of recent times. He is known for his unconventional...

Amendment of Section 142 NI Act has retrospective effect : Chattisgarh High Court

The Chattisgarh High Court held that Amendment of section 142 of Negotiable Instruments Act, 1881, has retrospective effect. Justice Goutam Bhaduri said that it is an amendment of procedural law and not substantive law and hence it will have a retrospective effect.Factual BackgroundSection 138 NI Act complaint was filed by the appellant in JMFC Pamgarh. But the Court returned the said...

Supreme Court Weekly Round Up

Live Law reported three judgments of Supreme Court of India, last week.Late ‘serious’ charges no reason to deny pre arrest bailSupreme Court on Monday, held that, merely because the accused is charged with a serious offence at a later stage may not by itself be the reason to refuse the grant of anticipatory bail if the circumstances are otherwise justified. The court observed that no...

Exclusion of journalists in electronic media from the ambit of Working Journalists Act, 1955: Delhi HC issues notice to Centre

A writ petition has been filed in the Delhi High Court by a journalist working with a North east based news channel seeking a direction to the Centre to amend and widen the scope of the Working Journalists and other Newspaper Employees (Condition of service) and Miscellaneous Provisions Act 1955 to include Journalist working with Electronic News Channel within the definition of working...

Healthcare workers for Rural Areas: Take steps to give a right to B.Sc. (CH) graduates to practice modern medicine and treat common diseases within 6 months; Delhi HC

In a decision that will foster medical healthcare workers to provide primary healthcare in rural areas with no doctors, Delhi High Court has directed the Medical Council of India and the Ministry of Health and Family Welfare to take steps to give a right to B.Sc. (Community Health) graduates to practice modern medicine and treat common diseases. Such steps have been directed to be...

Government departments are to implement the Govt. policy and not their own policy: Supreme Court [Read the Judgment]

What is given by the right hand cannot be taken by the left hand. The Government shall speak only in one voice. It has only one policy. The departments are to implement the Government policy and not their own policy, The Supreme Court said today, allowing the appeal of a Company holding that it is eligible for the concession as decided by the cabinet of the state. Supreme Court on Thursday...