Why an Independent Judicial Appointments System ?

The Original sin of the Supreme Court of PakistanIn 1958, Ayub Khan of Pakistan, a Sandhurst trained General, staged a coup, deposed a duly elected Government, abrogated the two year old Constitution and imposed martial law. In a radio broadcast, he informed the bewildered nation, ‘we must understand that democracy cannot work in a hot climate. To have democracy we must have a cold...

Bombay High Court commutes death sentence in a Triple Murder Case [Read Judgment]

The Bombay High Court has commuted the death sentence imposed on Imdad Ali Wai, accused of killing his wife, daughter and mother in law, into sentence for life imprisonment. Division Bench comprising of Justices B.R. Gavai and Swapna Joshi, however directed that he must serve in jail for a minimum period of 30 years without remission before his case can be considered for premature...

Concessions to startups regarding Labour Laws

In order to promote the Start-Up ecosystem in the country and incentivizing the entrepreneurs in setting up new start-up ventures and thus catalyze the creation of employment opportunities through them, the Ministry of Labour & Employment has issued an advisory to the States/UTs/Central Labour Enforcement Agencies for a compliance regime based on self-certification and regulating...

High Courts Weekly Round-Up

Allahabad High CourtAllahabad High Court has quashed the resolution of Banaras Hindu University terminating the contract of Magsaysay award winner Prof. Sandeep Pandey as Visiting Professor alleging activities against National Interest. Allowing the Petition preferred by him, a Division Bench comprising of Justices Mahesh Chandra Tripathi and V.K. Shukla said that the decision by the...

Partial Deposit before DRAT is neither a secured asset, nor a secured debt; It is refundable to the appellant after disposal of Appeal: SC [Read Judgment]

The Supreme Court in Axis bank vs. SBS Organics Private Limited has held that the partial deposit before the Debt Recovery Appellate Tribunal (DRAT) as a pre-condition for considering the appeal on merits in terms of Section 18 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act), is neither a secured asset, nor a...

Allahabad HC upholds validity of Representation of People’s Act 2013 Amendment allowing Jailed persons to contest Election [Read Order]

Allahabad High Court has upheld the validity of 2013 amendment to Representation of People Act. A writ petition by LOK PRAHARI, which had sought a declaration that the Representation of the People (Amendment and Validation) Act, 2013 is ultra vires and unconstitutional, got dismissed by a division bench comprising of the Chief Justice Dr D Y Chandrachud and Justice Rajan Roy.In order...

Joint Conference of Chief Ministers of States and Chief Justices of High Courts on 24th April

A Joint Conference of Chief Justices of High Courts and Chief Ministers of States is being held on coming Sunday i.e. 24th April, 2016 at Vigyan Bhawan, here in New Delhi . This will be inaugurated by Prime Minister Shri Narendra Modi in the august presence of Justice Shri T.S.Thakur, Chief Justice, Supreme Court and Shri D.V. Sadananda Gowda, Union Law and Justice Minister. This conference...

Good Samaritans; Govt. issues Notification and SoP in compliance with Save Foundation Judgment

Supreme Court of India in Savelife Foundation & Anr Vs. Union of India & Anr has approved the Centre’s guidelines to protect Good Samaritans, who help road accident victims, from being hassled or harassed at hospitals, police stations or courts.In this regard, Notification dated 12-05-2015 for protection of Good Samaritan issued by Ministry of Road Transport & Highways (MoRTH)...

Lack of adequate attendance not to be read as exclusive circumstance for debarring a student from taking his exams: Patna HC (DB) [Read Judgment]

In no circumstances, it would mean that those students, who fail to attend the minimum required 75% classes, a necessary inference can or must be drawn that they are not seriously undertaking their studies, the Bench observed.The Patna High Court in All India Students Federation vs. State of Bihar, has observed that lack of adequate attendance must not be read as exclusive circumstance...

Jharkhand HC takes suo motu cognizance of non-availability of drinking water in prisoners’ ward of Medical Institute [Read Order]

The High Court of Jharkhand on Thursday ordered a detailed report to be filed by the Rajendra Institute of Medical Sciences, Ranchi, regarding the availability of drinking water in the Prisoners’ Ward at RIMS.The Bench, comprising Chief Justice Virender Singh and Justice Shree Chandrashekhar made reference to a news report in the newspaper “Prabhat Khabar” dated April 20, 2016,...

Delhi HC restrains DPS World Foundation from using brand name “DPS” on Delhi Public School’s Plea [Read Order]

Delhi High Court, in an interim order, has restrained DPS World Foundation from using the registered mark/name “DPS” or any other mark identical or deceptively similar to the registered mark of the plaintiff Delhi Public School, amounting to infringement and passing off the plaintiff’s registered trademark till the disposal of this suit.Delhi Public School had filed an application in...

Former Madhya Pradesh HC Judge passes away; HC honours her by not conducting Death Reference [Read Letter]

In 2014, Former Judge of the Madhya Pradesh High Court, Justice Manjusha P. Namjoshi wrote a letter to the Administrative Judge requesting not to conduct death reference on her death, and not to suspend judicial work either.She had written further in the letter “what I feel is that we as a public or government servants or constitutional authorities are trustees of the public as such...