37% Judges posts vacant in 24 High Courts in India

With verdict on the National Judicial Appointments Commission still pending, a total of 384 posts in 24 High Courts of the country are vacant, being a clear indicator of the lack of manpower in the sentinels of justice across the country. The apex Court has 3 vacancies currently.The following graph shows the approved strength, the working strength and the vacancies in the High Courts across...

SC panel's direction to all states - suspend driving license for a minimum of 3 months for traffic violations including over speeding and red light jumping

In a major step towards curbing road accidents, a Supreme Court appointed committee on Wednesday asked all the states to suspend license of traffic rule violators, even for over speeding and red light jumping, for a minimum of three months.The other violations listed by the panel headed by former Supreme Court judge justice K S Radhakrishnan include carrying overload in goods carriages...

1997 Uphaar fire: SC rules Ansal brothers - do not have to go to jail; let off with a fine of Rs 30 crore each for causing 59 deaths

Shocked kin of victims present in the court cry out in despair “the highest court of the land has let us down. Any amount of money cannot be a substitute for lost lives”, they said18 years after a massive fire at a theatre in New Delhi’s posh Green Park area snuffed out 59 lives, the Supreme Court on Wednesday let off cinema owners Sushil Ansal and his brother Gopal Ansal merely asking...

It is the woman to protect her body, dignity and modesty; HP High court gives Bail to Rape accused, Sermons to Victim

Himachal Pradesh High Court, while granting bail to a person accused of rape, apparently gave sermons to the victim on the need to maintain purity and chastity. Justice Tarlok Singh Chauhan, said “it is ultimately the woman herself who is the protector of her own body and therefore, her prime responsibility to ensure that in the relationship, protects her own dignity and modesty”. The...

Court has a duty to respond to the collective cry of the society while imposing sentence; SC [Read the Judgment]

The Supreme Court of India has reminded the courts that while imposing sentence, a Court has a duty to respond to the collective cry of the society. The Apex Court said that the agony of the victim or the survivors of the victim cannot be brushed aside.The Apex Court in its seminal judgment said:“The legislature in its wisdom has conferred discretion on the Court but the duty of the court...

SC orders registration of all captive elephants in Kerala to make owners/mahouts responsible for cruelty, harassment

Supreme Court allows authorities to initiate criminal prosecution against person causing harm to the elephants and confiscation of the animal.In a major step aimed at cracking down on physical and mental torture they are subjected to, the Supreme Court in a first-of- its-kind-order on Tuesday ordered registration of all captive elephants in Kerala which are mostly used for religious purposes...

CBI ASP Haridath’s Suicide: SC affirms Kerala HC Judgment quashing criminal proceedings against CBI Inspectors [Read the Judgment]

The Supreme Court has dismissed an appeal challenging the judgment of the Kerala High Court quashing the F.I.R filed by the Crime Branch arraigning CBI Inspectors S. Unnikrishnan Nair and K.K Rajan as accused in the case relating to the suicide of Haridath, CBI Assistant Superintendent of Police and an investigation officer in the Sampath custodial death case.The facts of the case are as...

Judiciary’s delay in case disposal fetching public sympathy for convicts, says Law Minister Gowda

By the time courts hand down punishment, public tend to forget the goriness of the crime a person has committed, he says.Law Minister D V Sadananda Gowda  while speaking at the Independence Day celebration at the Supreme Court premises on Saturday said delay in disposal of cases and deciding the punishment was leading to public sympathy and support for persons who have committed...

High Court should not ordinarily entertain Writs in Contractual matters involving disputed question of fact; SC [Read the Judgment]

The Supreme Court of India today, set aside a Division bench Judgment of Kerala High Court, reiterating the legal position that a writ court should ordinarily not entertain a writ petition, if there is a breach of Contract involving disputed questions of fact. The Apex Court, criticising the judgment by Kerala High Court observed “in the case at hand, the High Court has appointed a...

Order XII Rule 6 CPC :Judgment on admission is not a matter of right but a matter of discretion of the Court, holds the SC

The Supreme Court of India has held in a recent judgment [S.M. Asif v. Virender Kumar Bajaj] that Judgment on admission is not a matter of right and rather is a matter of discretion of the Court and that mere admission of relationship of landlord and tenant cannot be said to be an unequivocal admission so as to decree the suit under Order XII Rule 6 CPC.A 3-judge bench of the Apex...

Constitution Bench Reserves its Orders in Sriharan; Questions relating to “Life”, “Death”, “Mercy”, “Remission”, “Commutation” etc will be answered

The Constitution Bench of Supreme Court reserved its verdict in Union of India v Sriharan where in Supreme Court has considered the following main questions referred by a Three Judge benchThe following questions are framed for the consideration of the Constitution Bench:(i) Whether imprisonment for life in terms of Section 53 read with Section 45 of the Indian Penal Code meant imprisonment...

Petition in SC demanding guidelines for preventing Parliament disruptions

Amidst the disruptions witnessed in the Parliament, the Supreme Court of India has been approached by the Foundation for Restoration of National Values, asking if guidelines can be laid down for the smooth, unobstructed and unhindered functioning of the Parliament of India.The Petition says, “It is a matter of grave concern for the public at large, and for all right thinking Indians that...