Whistleblowers and Information Seekers should be protected. Prashanth Bhushan took the right decision not to disclose the name of Whistleblower before the Supreme Court: Prof. Madabhushi Sridhar (Central Information Commissioner)

Professor (Dr.) Madabhushi Sridhar Acharyulu is a noted intellectual and legal expert. He hails from Warangal district in Telangana.He has written extensively on various issues such as RTI, Media freedom, and Telangana statehood. He also writes regular articles in The Hans India, The Hoot, The Indian Express, Namasthe Telangana and The Metro India. He has also contributed articles to MissionTelangana.com.Prof Sridhar was working as professor of law at National Academy of Legal Studies and...

“Look, Ultimately, Ultimately, Ultimately…” – The lawyer on the bench: Justice Lodha’s Final Day in Court

The scene in courtroom no. 1 today was astonishing. A jampacked courtroom with lawyers having experience at bar ranging from a month to over 70 years were present, few to argue and few just to see Chief Justice R.M.Lodha presiding over the last time. Not to mention, the Attorney General Rohatgi, the Solicitor General Ranjit Kumar, Harish Salve, Dushyant Dave, R.P.Bhatt, Ram Jethmalani and...

Denial of Sex to Husband for long time without any sufficient Cause amounts to Mental Cruelty; SC grants Divorce [Read the Judgment]

A Supreme Court bench comprising of Justice S.J. Mukhopadhayaya and Justice Prafulla C. Pant, in a judgment delivered yesterday, upheld dissolution of marriage between the parties, on the grounds of denial of sex as amounting to mental cruelty.The Court observed, "Undoubtedly, not allowing a spouse for a long time, to have sexual intercourse by his or her partner, without sufficient...

Breaking; Killings in police encounters affect the credibility of Rule of Law and Administration of Criminal Justice System. Supreme Court issues 16 Guidelines for Investigation of Police Encounters; [Read the Judgment]

In a Landmark Judgment Supreme Court Today issued 16 Guidelines to be followed in the matters of investigating police encounters in the cases of death as the standard procedure for thorough, effective and independent investigation. A two Judge Bench comprising of CJI Lodha and Justice RF Nariman held that Article 21 of the Constitution of India guarantees "right to live with human dignity"....

Breaking; Government Employees can File PIL since Right to Judicial Remedies is a Constitutional right; SC quashes Disciplinary proceedings against IAS Officer for filing Black Money PIL and orders to pay 5 Lakhs [Read Jt]

In a landmark Judgment a Two Judge Bench of the Supreme Court comprising of Justice J.Chelameswar and Justice A.K.Sikri held that right to judicial remedies for the redressal of either personal or public grievances is a constitutional right of the subjects (both citizens and non-citizens) of this country and employees of the State cannot become members of a different and...

Breaking; Complaint for Dis-honour of Cheque [S.138 NI ACT] is not maintainable before the expiry of 15 Days Notice Period. Remedy is not to re-present but to file fresh Complaint. Jt in Narsingh Das Tapadia (2000)Overruled [Read the Judgment]

Resolving the conflict between two-Judge Bench Judgments in Narsingh Das Tapadia v. Goverdhan Das Partani [(2000) 7 SCC 183] and Sarav Investment & Financial Consultancy Private Limited and Anr. v. Llyods Register of Shipping Indian Office Staff Provident Fund [(2007) 14 SCC 753], a three Judge Bench of Supreme Court held that cognizance of an offence punishable under Section 138 of...

BREAKING; General Law relating to Secondary Evidence is not applicable to Electronic Evidence; Ratio in Parliament Attack Case [State v. Navjot Sandhu alias Afsan Guru (2005)11 SCC 600] overruled to that extent [Read the Judgment]

A three Judge Bench of the Supreme Court today in Ansar P.V. vs. P.K.Basheer & Ors., overruled the the statement of law on admissibility of secondary evidence in Parliament Attack Case [State v. Navjot Sandhu alias Afsan Guru (2005) 11 SCC 600] to the extend pertaining to electronic record. The Bench comprising of Chief Justice Lodha, Justice Kurian Joseph and Justice...

Breaking; Dis-honour of "AT PAR" Cheque; Complaint can be filed in the Court within whose local jurisdiction the nearest available branch of Drawer's bank situated. SC Judgment in Dashrath v. State is not applicable to "AT PAR" Cheques [Read the Judgment]

Giving huge relief to the Creditors, Bombay High Court held that Dis-honour of "AT PAR" Cheque cases can be filed to the Court within whose local jurisdiction the nearest available branch of bank of the drawer situated. In Mr.Ramanbhai Mathurbhai Patel V State of Maharashtra & Anr, Justice M.L.Tahalyani explained the dictum in Dashrath v. State of Maharashtra in which a three Judge Bench...

Breaking; Dis-honour of Cheque cases can be filed only to the Court within whose local jurisdiction, the offence was Committed; ie, where the cheque is dishonoured by the bank on which it is drawn. Bhaskaran Vs Balan (1999) which allowed Five territorial Jurisdictions overruled [Read the Judgment]

A three Judge Bench of the Supreme Court finally held that a Complaint of Dis-honour of Cheque can be filed only to the Court within whose local jurisdiction the offence was committed, which in the present context is where the cheque is dishonoured by the bank on which it is drawn. The Court clarified that the Complainant is statutorily bound to comply with Section 177 etc. of...

Fresh doubts about validity of appointments to NHRC‏

There is considerable evidence to suggest that the appointment in 2013 of former Supreme Court Judge, Justice Cyriac Joseph and former Police Chief S.C. Sinha as members of the National Human Rights Commission violate the transparency norms prescribed by the Supreme Court in P.J. Thomas case. Significant revelations have been brought forward by the recently published book,...

Supreme Court Rules 2013: An insight into the changes

Changes have been introduced into the rules according to which the apex court of the country functions. These have come by way of a gazette notification on the new regulations, to be called the Supreme Court Rules, 2013. The notification replaces the SC Rules, 1966.The maximum period for summer vacations has been reduced from ten weeks to seven weeks.A few duties of the Registrar have...

Breaking; Commission appointed under Commissions of Inquiry Act is not a Court for the purposes of Contempt of Courts Act; Truth is a defence in Contempt proceedings: Constitution Bench [Read the Judgment]

A Constitution Bench of the apex Court, comprising of CJI Lodha, Justice Anil R. Dave, Justice S.J. Mukhopadhaya, Justice Dipak Misra and Justice S.K. Singh, while deciding on two contempt petitions, held that merely because a Commission of Inquiry is headed by a sitting Judge of the Supreme Court, it cannot qualify as an extended arm of the Court.Considering the 2006 amendment, it also...