Breaking; Disqualify the MPs/MLAs when the charges are framed against them in a Criminal Case; Law Commission to SC, Govt. [Read the Full Report]

Justice Ajit Prakash Sha started his innings as the Chairman of the Law Commission of India filing the landmark report on Electoral Disqualifications. Law Commission of India filed its 244th report recommending landmark reforms on Indian Election laws. The Ministry of Law and Justice, Government of India had addressed a letter dated 16th January, 2013 requesting the Twentieth Law Commission...

Breaking News: Time limit for registering FIR extended from 7 days to 15 days; Supreme Court modifies Lalita Kumari Norms [Read Order]

The Constitution Bench of the Supreme Court modified its landmark Guidelines in Lalita Kumari Vs. Govt. of UP issued on November 12, 2013. In a petition moved by the Delhi Police, the Constitution Bench comprising Chief Justice Sathasivam, Justice B.S.Chauhan, Justice Ranjana Desai, Justice Ranjan Gagoi and Justice S.A.Bobde extended the time limit from 7 days to 15 days generally and Six...

Breaking: ‘It was a blatant case of not just judicial impropriety, but also smacks of 'dishonest motive', says Prashant Bhushan

It was on March 4, 2014 that Live Law reported that Senior Advocate Dushyant Dave had addressed a letter to the Chief Justice of India taking serious exception to the manner in which a 2-judge Bench of the Apex Court, had disposed of 2 Civil Appeals. In fact, Live Law was the first to break the story.  Mr. Dave wrote to the Chief Justice of India to take action in a case  involving grant...

Permission granted by the Apex Court to withdraw writ petition; Senior lawyer writes to CJI in protest.

An important issue of judicial propriety and legality has arisen in the light of permission granted by the Supreme Court to withdraw a Writ Petition from the Mumbai High Court. While permitting the withdrawal, the Court has rendered the High Court judgement non est and  set it aside. As a result, the damaging observations of the High Court, where it found on merits  that  the public...

Lokpal and Lokayuktas Act: A Commentary

ICynicism gave way to incredulity, hope and jubilation, when after several failed attempts, a broad political consensus was reached between the ruling Congress and the principal opposition party, the BJP, on the issue of the Lokpal Bill lying on the backburner for decades, which eventually culminated in the Parliament passing the Lokpal and the Lokayuktas Bill, 2013 in December, 2013,...

PIL in SC against contesting from multiple constituencies and Rajya Sabha MPs and Sitting MLAs contesting in Lok Sabha polls

In what is likely to throw up a gamut of issues related to the legality of permitting a candidate from contesting elections from two constituencies at a single time, a writ petition has been filed before the Hon'ble Supreme Court of India, by the 'Voters Party'- a political party registered under section 29A of the Representation of Peoples Act 1951 with effect from 03.01.2011, and...

Constitutionality of Section 4(1)(d) of the Lokpal and Lokayuktas Act under challenge before the High Court of Kerala

The Lokpal and Lokayuktas Bill, 2013 which was passed by both Houses of Parliament in December, 2013 received Presidential assent on 01.01.2014, and whose provisions have since been notified by the Central Government, has, within a short span of its coming into force now become the subject matter of judicial review. A writ petition has been filed by Sri. P. Subair Kunju, a practicing lawyer...

Death penalty: The unsettling issues of life and death

The Apex Court recently in the case of Shatrughan Chauhan & Others issued guidelines on commutation of death penalty to life imprisonment in cases of prolonged delay, insanity while serving the sentence, solitary confinement, judgment declared by the higher court to be erroneous, procedural lapses etc. Thus inordinate delay in granting clemency would be a valid consideration for...

Breaking; Supreme Court finally set aside the 2009 Sinha Judgment which held 'kicking of daughter in law', not Cruelty;

Supreme Court yesterday set aside its own judgment in Bhaskar Lal Sharma and others Vs. Monica in which Justice Sinha held that "allegations that appellant No.2 kicked the respondent with her leg and told her that her mother to be a liar may make out some other offence but not the one punishable under Section 498A".The interesting facts of the case are follows; The respondent Monica, had filed...

Supreme Court correcting itself? Supreme Court will re-hear the 2009 Death Appeal decided on the basis of a wrong precedent.

Finally Supreme Court of India has started its effort to rectify a grave error committed by some of its earlier benches in the interpretation of the doctrine of “rarest of rare”. A Bench of Justices A.K. Patnaik and Ibrahim Kalifulla admitted the petitions filed by Ankush Maruti Shinde and others, accepting the arguments of Senior Advocate Soli Sorabjee that the case –‘Ankush...

Misconducting judges

 Recently, country witnessed the most unimaginable act of bravado from a sitting judge of a High Court. Recommendation for appointment of 12 judges by the collegium in the Madras High Court was questioned by Advocates and their Writ Petition was being heard by a Bench comprising of Justices V Dhanapalan and K Sasidharan. Justice Karnan, sitting judge of the same court, a man not unknown...

Supreme Court to review ‘Hindutva’ judgment after eighteen years

Supreme Court proposes to reconsider its 1995 judgment, popularly known as Hindutva judgment, in which the court ruled that seeking vote in the name of Hinduism is not a corrupt practice. The court has decided to constitute a larger bench to re-evaluate its judgment “The Hindutva judgment” was delivered by Justice J.S. Verma on behalf of himself and Justices N.P. Singh and K. Venkatasami...