Supreme Court Weekly Digest (6th February 2023-12th February 2023)
Padmakshi Sharma
12 Feb 2023 8:56 PM IST
From the almost theatrical appointment of Justice Victoria L Gowri in the Madras High Court and its parallel challenge in the Supreme Court, to the Supreme Court upholding the power of the Bar Council of India to require law graduates to qualify for the All-India Bar Examination – a lot happened in the past week in the Apex Court. Get the full story of all that happened this week through...
From the almost theatrical appointment of Justice Victoria L Gowri in the Madras High Court and its parallel challenge in the Supreme Court, to the Supreme Court upholding the power of the Bar Council of India to require law graduates to qualify for the All-India Bar Examination – a lot happened in the past week in the Apex Court. Get the full story of all that happened this week through your backstage pass to the happenings in the Supreme Court – the Live Law Weekly Digest. This digest provides readers with the most comprehensive update on the latest legal developments straight from the heart of the justice system.
Judgements
Case Title : Rana Ayyub v. Directorate of Enforcement | Writ Petition (Criminal) No. 12 of 2023
Citation : 2023 LiveLaw (SC) 86
The Supreme Court stated that the offence of money laundering is constituted by various activities, namely, concealment, possession, acquisition, use, projecting as untainted property, or claiming as untainted property. So, the the offence can be tried at the places where any of these acts have taken place have. The Court held so while rejecting the argument of journalist Rana Ayyub that the offence of money laundering can be tried only at the place where the alleged proceeds of crime are deposited (Navi Mumbai).
Case Title: ITC Limited vs Aashna Roy | Civil Appeal No. 6391 OF 2021
Citation : 2023 LiveLaw (SC) 87
The Supreme Court on February 7 set aside an order of the National Consumer Disputes Redressal Commission(NCDRC) awarding compensation of Rs. 2 crores awarded to a lady model for a bad haircut and poor hair treatment she underwent at a 5-star Hotel in Delhi.
Case Title : Rana Ayyub v. Directorate of Enforcement | Writ Petition (Criminal) No. 12 of 2023
Citation : 2023 LiveLaw (SC) 86
The Supreme Court held that the trial of the scheduled offence should take place in the Special Court which has taken cognizance of the offence of money-laundering. The court also added that the provisions of the Cr.P.C. are applicable to all proceedings under the PMLA Act including proceedings before the Special Court, except to the extent they are specifically excluded.
Case Title: M/s. Gas Authority of India Limited v. M/s. Indian Petrochemicals Corporation Ltd. And Ors.| Civil Appeal Nos. 3504-3505 of 2010
Citation: 2023 LiveLaw (SC) 88
A Division Bench of the Supreme Court comprising Justice S.K. Kaul and Justice A.S. Oka, held that if the State in its contractual dealings fails to exercise a degree of fairness or practices any discrimination, writ jurisdiction can be exercised against it.
Case Title: National Insurance Company Ltd. v, The Chief Electoral Officer & Ors. | Civil Appeal No.4769 OF 2022
Citation : 2023 LiveLaw (SC) 90
The Supreme Court has held that the death occurring due to sun-stroke during election duty will not come within the scope of the clause "death only resulting solely and directly from accident caused by external violent and any other visible means" in the insurance policy.
Case Title : Debashis Sinha and others vs M/s RNR Enterprise represented by its Proprieter/Chairman, Kolkata and others
Citation : 2023 LiveLaw (SC) 92
The Supreme Court has observed that that flat-owners, who are often forced by the circumstances to take possession of apartments even if the amenities promised by the builder are not provided, do not forfeit their right to claim such services from the builder.
Case Title: Bar Council of India v. Bonnie Foi Law College & Ors. | Special Leave Petition (Civil) No. 22337 of 2008
Citation : 2023 LiveLaw (SC) 96
A Constitution Bench of the Supreme Court upheld the power of the Bar Council of India to require law graduates to qualify for the All-India Bar Examination as an eligibility criterion to practise law in India.
Case Title: Gas Point Petroleum India Limited vs Rajendra Marothi | CA 619 OF 2023 | 10 Feb 2023
Citation: 2023 LiveLaw (SC) 89
The Supreme Court observed that, under Order XXI Rule 84 CPC, the deposit of 25% of the amount by the auction purchaser is mandatory. The full amount of the purchase money must be paid within fifteen days from the date of the sale, the bench of Justices M R Shah and CT Ravikumar observed.
Case Title: State of U.P. And Ors. v. Smt. Priyanka SLP(C) No. 1595/2022
Citation : 2023 LiveLaw (SC) 95
The Supreme Court imposed a cost of INR 50,000 on the State of Uttar Pradesh for filing a frivolous appeal pertaining to payment of death-cum-retirement gratuity to the wife of a deceased professor.
News Reports
The Supreme Court of India is among the busiest courts in the world and its justices are among the hardest working judges because of the immense caseload that they carry, said Chief Justice Sundaresh Menon of the Singapore Supreme Court on his visit to India.
Five New Supreme Court Judges Take Oath; Working Strength Rises To 32, With 2 Vacancies
Five new Supreme Court judges took oath on Monday. Chief Justice of India DY Chandrachud administered the oath to the newly sworn-in judges in the presence of all judges of the Supreme Court.
PIL In Supreme Court Seeks Probe On Hindenburg Report Against Adani Group
Another PIL has been filed in connection with the publication of a report by US-based short-selling firm Hindenburg Research against the Adani Group. This time, the PIL seeks the constitution of a committee under the head of a retired Supreme Court Judge to investigate the contents of the Research Report.
When All India Bar Examination Becomes An Expensive Affair
The AIBE is conducted annually to test the ability of advocates to practice law in India and is mandatory for all lawyers who wish to enroll themselves with the BCI as advocates. While the AIBE is undoubtedly an important milestone for aspiring lawyers in India, many students argued that the cost of the examination was a significant burden.
Supreme Court Agrees To Hear Plea Challenging Appointment Of Victoria Gowri As Madras HC Judge
A writ petition has been filed in the Supreme Court against the appointment of Advocate L Victoria Gowri as a judge of the Madras High Court.
Centre Notifies Appointment Of Advocate L Victoria Gowri As Additional Judge Of Madras High Court
The Central Government has notified the appointment of Advocate L Victoria Gowri as an Additional Judge of the Madras High Court. The development comes amid widespread backlash over reports about her affiliation to BJP and certain statements made about Muslims and Christians surfaced.
Chief Justice of India DY Chandrachud made a significant disclosure that the Supreme Court collegium has taken cognizance of the complaints against L Victoria Gowri, who has been recommended for appointment as a judge of the Madras High Court.
Supreme Court To Hear Plea To Modify Judgment Describing Sikkimese-Nepalese As Of 'Foreign Origin'
As protests are simmering in Sikkim over a remark in a Supreme Court's judgment indicating that all Nepalis settled in Sikkim are of "foreign origin", an application has been filed in the Top Court seeking to remove the said observation.
Has Supreme Court Ever Quashed HC Judge's Appointment Before Oath-Taking? Yes, Only Once
In the entire history of the Supreme Court, there is only a single precedent of it quashing an appointment of a High Court judge, after finding that the person recommended was ineligible. That extraordinary action happened in the 1992 case Kumar Padma Prasad vs Union Of India And Ors 1992 2 SCC 428, where the Supreme Court quashed the appointment of one K.N. Srivastava as a judge of the Gauhati High Court, before he took oath.
The Supreme Court at the request of National Investigation Agency (NIA), directed the hearing of the bail applications of Vernon Gonsalves and Arun Ferreira, two of the accused persons in the Bhima Koregaon case, to be deferred to a Non-Miscellaneous day.
The Supreme Court clarified that when it had recorded in its order dated 14.12.2022 that lawyers who had indulged in vandalism in court premises during their strike demanding formation of new Benches of the Orissa High Court ‘do not deserve any indulgence’ it merely meant that no special privilege ought to be shown to them.
In a petition challenging the free supply of electoral rolls through hard copies (as per Section 78A and Section 78B of the Representation of the People Act, 1951), CJI DY Chandrachud enquired why the Election Commission of India gave hardcopies of electoral rolls to political parties instead of giving electronic copies.
Supreme Court Sets Aside Ex-Parte Order Of Foreigners Tribunal Which Declared A Woman Non-Indian
The Supreme Court directed Foreigners’ Tribunal, Kamrup, Assam to consider afresh plea of a woman against whom an order alleging that she had entered Assam from East Pakistan after 25 March 1971, was passed by the tribunal ex parte.
The Supreme Court refused to close contempt proceedings against lawyers who had indulged in vandalism in court premises during their strike demanding formation of new Benches of the Orissa High Court.
The Supreme Court expressed dissatisfaction at the laxity shown by the Uttar Pradesh Police in registering an FIR in the Noida hate crime case of July 2021, in which a 62-year old Muslim man complained that he was pulled inside a car by a group of four men, was beaten up, pulled by his beard, assaulted and communal slurs were hurled against him.
Supreme Court Stays HC Direction To Woman In Same-Sex Relationship To Undergo Counselling
The Supreme Court stayed an order passed by the Kerala High Court directing a 23-year old woman, who is stated to be in a same-sex relationship, to undertake counselling. The High Court passed the order in a habeas corpus petition field by her same-sex partner alleging that she had been illegally detained by her parents.
Amidst public outrage over the Supreme Court describing Sikkimese Nepalis as ‘persons of foreign origin’, the union home ministry has filed a review petition in the apex court. Under the scanner is a portion in a concurring opinion authored by Justice B.V. Nagarathna, where the judge, while narrating the historical evolution of the modern-day Indian state of Sikkim vis-à-vis the development of its income tax regime, noted, “There was no difference made out between the original inhabitants of Sikkim, namely, the Bhutia-Lepchas and the persons of foreign origin settled in Sikkim like the Nepalis or persons of Indian origin who had settled down in Sikkim generations back.”
Justice KM Joseph Repeats His Word Of Caution, Says Secular State Cannot 'Whitewash' Hate Crimes
Supreme Court judge Justice KM Joseph on Monday reiterated that “there is no space for hate crime in a secular country.” A bench led by him was hearing a writ petition filed by a man against the UP Police's inaction in his complaint that he was subjected to hate crime in July 2021 in Noida.
As the Supreme Court is set to hear petitions challenging the appointment of L.Victoria Gowri as a Judge of the Madras High Court today, it has to come to terms with its own judgment, delivered in 2008 with respect to the appointment of another Judge of the Madras High Court, which was under challenge then.
The Supreme Court bench comprising Chief Justice DY Chandrachud, Justice PS Narasimha, and Justice JB Pardiwala, while hearing a plea concerning road safety and prevention of accidents, suggestion including the National Highways Authority of India in the framework for implementing Section 136A, to Justice Sapre, who is the chairperson of the Supreme Court Committee on Road Safety.
The Supreme Court dismissed the writ petition filed by journalist Rana Ayyub challenging the jurisdiction of a special court in Ghaziabad under the Prevention of Money Laundering Act, 2002 to take cognisance of the complaint filed by the Enforcement Directorate against her for alleged violations in amounts collected through crowdfunding for COVID relief.
The Supreme Court dismissed the petitions challenging the appointment of L Victoria Gowri as an additional judge of the Madras High Court.
Advocate L Victoria Gowri took oath as an additional judge of the Madras High Court, while the Supreme Court was hearing two petitions challenging her appointment. Acting Chief Justice of the Madras High Court administered the oath to Victoria Gowri, who courted controversy after her comments made about minority religions surfaced in the public domain after the Supreme Court collegium recommended her name on January 17.
There was high drama in the Supreme Court ahead of hearing of the petitions challenging the appointment of L Victoria Gowri as an additional judge of the Madras High Court. The petitioners' lawyers sought for an early hearing as the oath taking ceremony at the Madras High Court was scheduled at 10.35 AM. The petitions were originally listed as item number 38 before a bench comprising Justices Sanjiv Khanna and MM Sundresh.
In a matter concerning remission of convicts in the State of Uttar Pradesh, the Supreme Court bench comprising Chief Justice DY Chandrachud, Justice PS Narasimha, and Justice JB Pardiwala noted that the arbitrary application of different yardsticks for similarly placed convicts would give rise to a situation where the persons lacking resources would suffer the most. To prevent the same, the bench issued a slew of directions to institutionalise the process.
While hearing contempt pleas pertaining to to lawyers who have indulged in vandalism in court premises during their strike demanding formation of new Benches of the Orissa High Court, the Supreme Court noted that it expects that the technological upgradations that have been made in the judicial institutions over the span of last couple of year should be utilised to its fullest.
The Supreme Court refused to entertain Rapido's plea against the Maharashtra government's refusal to grant two-wheeler bike taxi aggregator license to the company on the ground that the petitioner was at liberty to pursue alternative remedy before the Bombay High Court.
Senior Advocate Dushyant Dave, appearing for the State of Telangana, mentioned before the Supreme Court a petition challenging the Telangana High Court's order transferring the probe into a case related to the alleged attempts to poach 4 MLAs of the Bharat Rashtra Samithi (formerly Telangana Rashtra Samithi), to the Central Bureau of Investigation (CBI). The matter was mentioned before a bench comprising Chief Justice DY Chandrachud, Justice PS Narasimha, and Justice JB Pardiwala.
Supreme Court To Hear Plea Related To Delhi Municipal Corporation Mayor Polls
The Supreme Court of India decided to list matter concerning the Delhi Mayor polls on 8th February 2023. The matter was mentioned by Senior Advocate AM Singhvi before a bench comprising Chief Justice DY Chandrachud, Justice PS Narasimha, and Justice JB Pardiwala.
CJI DY Chandrachud has agreed to constitute a special bench to hear the pleas challenging the order of Gujarat Government allowing premature release of 11 convicts sentenced to life in the Bilkis Bano case for gang rape and murder during 2002 Gujarat Riots.
The Supreme Court directed the centre to immediately give effect to the three important clarifications that the union government has, in consultation with the National Assisted Reproductive Technology and Surrogacy Board, issued regarding the extant regime on surrogacy and assisted reproductive technologies.
The Supreme Court of India dismissed Christian Michel Jame's plea seeking bail under Section 436A of CrPC. However, the bench comprising Chief Justice DY Chandrachud, Justice PS Narasimha, and Justice JB Pardiwala provided him liberty to approach Trial Court to seek regular bail. Christian James Michel, who is facing investigation by the Central Bureau of Investigation (CBI) and the Directorate of Enforcement (ED) in connection with Agustawestland case, had challenged the Delhi High Court's order of dismissing his bail pleas.
Supreme Court Issues Notice To 4 States To Monitor Premature Release Of Prisoners
The Supreme Court bench comprising Chief Justice DY Chandrachud, Justice PS Narasimha, and Justice JB Pardiwala on 6th February 2023 issued notice to the States of Bihar, Madhya Pradesh, and Maharashtra to consider the issue of monitoring of premature release of prisoners.
The Supreme Court took serious exception to certain states not complying with its earlier directions regarding enhancement of the pension of retired judicial officers.
Supreme Court Orders Payment Of Rs. 650 Crores To Workers Of 25 Tea Gardens In Assam
The Supreme Court on February 7 directed the payment of about Rs. 650 crores towards dues of 28,556 workers of 25 tea gardens in the state of Assam. These include 15 gardens owned by the Assam Government owned Assam Tea Company Limited (ATCL).
Amidst the protracted power struggle between the centre and the Supreme Court over judicial appointments, last week, the government notified the elevation to the top court, of five chief justices and puisne judges of high courts, whose names had been cleared by the collegium in December.
Plea Alleging Attacks Against Christians : Supreme Court Seeks Reports From Six States
In a plea seeking directions to stop alleged attacks against Christian priests and Christian institutions across the country, the Supreme Court, directed Chief Secretaries of Bihar, Chhattisgarh, Jharkhand, Odisha, Karnataka, Madhya Pradesh, and Uttar Pradesh to share the information regarding steps taken by their respective law enforcement agencies with respect to the violence alleged in the plea within a period of three weeks.
The Delhi police's petition seeking a review of the Supreme Court's acquittal of the three death row convicts of the gang-rape and murder of a 19-year-old girl in Delhi’s Chhawla area in 2012 was mentioned before the Supreme Court bench comprising CJI DY Chandrachud, Justice PS Narasimha, and Justice JB Pardiwala.
“You May Be The President, Don’t Raise Your Voice”, Justice MR Shah To SCBA President
The Supreme Court bench of Justices MR Shah and CT Ravikumar expressed unhappiness with Senior Advocate Vikas Singh, President, SCBA, sternly stating that while Mr. Singh "may be the President", he must not "raise his voice" and "try to browbeat the Court".
The Supreme Court of India on Wednesday issued notice to the offices of the Delhi Lieutenant Governor and the Pro tem presiding officer of the Municipal Corporation of Delhi (MCD) in a petition filed by Aam Aadmi Party's (AAP) mayoral candidate Dr Shelly Oberoi and AAP for urgent completion of mayoral elections of MCD.
The Supreme Court asked the Uttar Pradesh Anti Terrorism Squad whether it was necessary to continue the custody of Irfan Shaikh who has been arrested over allegations of illegally converting persons to Islam.
The Supreme Court removed the observations in its judgment which described Sikkimese-Nepalese persons as "people of foreign origin". This remark made in the judgment passed in the case Association of Old Settlers of Sikkim vs Union of India had sparked protests in Sikkim, with Sikkimese-Nepalese community expressing strong objections.
In a plea filed by candidates seeking to appear in the first professional university exams for MBBS after four failed attempts, CJI DY Chandrachud expressed his disappointment with the petitioners. The matter was mentioned before a bench comprising Chief Justice DY Chandrachud, Justice PS Narasimha, and Justice JB Pardiwala.
The Supreme Court has disapproved of the practice of authorities delaying the implementation of the directions by seeking permission from their superior officers. When the highest court of the country has passed a direction, there is no basis in seeking permission to implement it, the Court stated.
The Supreme Court at the request of National Investigation Agency (NIA), again adjourned the hearing of the bail applications of Vernon Gonsalves and Arun Ferreira, two of the accused persons in the Bhima Koregaon case.
The Supreme Court Collegium has recalled its recommendation made in December 2022 to appoint Kerala High Court judge Justice K Vinod Chandran as the Chief Justice of the Gauhati High Court.
SC Collegium Recommends Elevation Of Justice Sabina As Chief Justice Of Himachal Pradesh High Court
The Supreme Court Collegium has recommended the appointment of Justice Sabina as the Chief Justice of Himachal Pradesh High Court. She is currently the Acting Chief Justice there.
Islam does not prohibit women from entering mosques to offer namaz or congregational prayer, provided that there is no free intermixing of men and women in common areas, the All-India Muslim Personal Law Board informed the Supreme Court in an affidavit.
The Supreme Court collegium has made an additional recommendation for the appointment as the Chief Justice of the Tripura High Court, in view of the impending retirement of the judge earlier recommended for the post, whose file is pending with the Central Government.
The Supreme Court on Wednesday commenced hearing on whether mere membership of an 'unlawful association' is sufficient to constitute an offence under the UAPA, or some overt act, over and above the membership, is a prerequisite to attract the penal provisions of the Act.
Raise Quota Of Judicial Officers In High Court Judges' Appointment To 50% : Plea In Supreme Court
The Supreme Court has sought the responses of the Union Law Ministry and the Delhi High Court in an application seeking to increase ratio of judicial officers in the appointment of High Court judges to 50%.
Is Affinity Test Integral To Determine Caste Status? Supreme Court Commences Hearing On Reference
The Supreme Court commenced with the hearing of the reference order which pertains to the question - whether the affinity test is integral to the determination of caste status made by the Caste Scrutiny Committee.
Supreme Court To Hear Tomorrow Pleas To Probe Hindenburg Report Against Adani Group
Another PIL has been filed in the Supreme Court of India in the wake of the Adani group shares taking a beating in the stock market following the publication of a report by US-based short-selling firm Hindenburg Research. Advocate Vishal Tiwari, the PIL petitioner, mentioned the matter before Chief Justice DY Chandrachud, Justice PS Narasimha, and Justice JB Pardiwala today for urgent listing.
The Supreme Court asked non-compliant State Governments to file compliance reports in the proceedings in Satinder Kumar Antil v. CBI, within two weeks, failing which, it warned, the respective Home Secretaries would be required to appear personally through virtual mode. It also asked the CBI to file its compliance report within the said time period.
The Supreme Court directed the Bombay High Court to consider afresh the plea of Nirav Modi’s brother-in-law Mainak Mehta to travel back to his home in Hong Kong. The bench comprising Chief Justice DY Chandrachud, Justice PS Narasimha, and Justice JB Pardiwala, took note of the fact that Mehta was willing to give authorisation to CBI so it may directly approach banks for disclosure of his account statements, and also furnish security as required.
The Supreme Court reserved its judgment on whether mere membership of an 'unlawful association' is sufficient to constitute an offence under the UAPA, or some overt act, over and above the membership, is a prerequisite to attract the penal provisions of the Act.
The Supreme Court put a stop to all construction activities in the core areas within tiger reserves, national parks, and wildlife sanctuaries, amidst the recent controversy over the Uttarakhand government’s proposal to construct animal enclosures inside the Jim Corbett National Park.
Challenging the order of the Central Information Commission (CIC) directing the Gujarat University to provide “information regarding degrees in the name of Mr. Narendra Damodar Modi" to Delhi Chief Minister Arvind Kejriwal in the year 2016, Solicitor General Tushar Mehta argued today before the Gujarat High Court that the RTI Act is being "misused to settled scores and taking a childish jab at opponents".
In a notable verdict, the Supreme Court held that the meaning of the term "charitable purposes" used in the Kerala Building Tax Act 1975 is not limited to free medical relief.
Supreme Court Lawyer & Human Rights Activist Ehtesham Hashmi Passes Away
Supreme Court lawyer and human rights defender Ehtesham Hashmi passed away today morning due to a heart attack. Hashmi was known for taking up several human rights causes.
The Supreme Court has reiterated that to seek regularisation, a daily rated employee must have been initially appointed by a competent authority and there must be a sanctioned post on which he must be working.
Supreme Court Collegium has recommended names of 5 judges for elevation as Chief Justices of HCs Of Allahabad, Calcutta, Chhattisgarh, Gujarat & Manipur.
Is Affinity Test Integral To Determine Caste Status? Supreme Court Reserves Judgment
The Supreme Court reserved its judgment in the reference pertaining to the question - whether the affinity test is integral to the determination of caste status made by the Caste Scrutiny Committee.
A division bench of the Supreme Court of India dismissed a petition by disqualified Rampur MLA Mohd. Abdullah Azam Khan seeking a review of its November 7 decision to uphold the disqualification of the former legislator for not having attained the minimum qualifying age on the date of the election.
The Central Government has notified the appointments of Justices Rajesh Bindal and Aravind Kumar, currently the Chief Justices of Allahabad and Gujarat High Courts respectively, as Supreme Court judges.
Excommunication Among Dawoodi Bohras: Supreme Court Refers to Nine-Judge Sabarimala Bench
A Constitution Bench of the Supreme Court referred the question of the validity of the practice of excommunication prevalent among the Dawoodi Bohras, to a nine-Judge Bench constituted to review the ‘first Sabarimala judgement’.
The Supreme Court pronounced the reasons for the dismissal of the two petitions filed by advocates from the Madras High Court challenging the appointment of Justice Victoria Gowri as an additional judge of the Madras High Court.
The Supreme Court stayed the condition imposed by the Kerala High Court that 'Kantara' movie should not exhibit 'Varaharoopam' song for granting anticipatory bail to producer Vijay Kirgandur and director Rishab Shetty in a criminal case over alleged copyright infringement.
"Absolutely Misconceived" : Supreme Court Dismisses Hindu Sena President's Plea To Ban BBC In India
The Supreme Court dismissed a petition which sought to ban the operations of British Broadcasting Corporation (BBC) in India alleging that it was taking an "anti-India" position. The petition was filed by Hindu Sena President Vishnu Gupta in the wake of BBC airing a documentary critical of Prime Minister Narendra Modi, which has been blocked by the Central Government.
The Supreme Court remarked that in NDPS cases, smalltime drug peddlers are mostly caught and not the real culprits who run drug syndicates. The Court's verbal comment came while granting bail to an undertrial in an NDPS Act case.
Urging Tamil actors Vijay Sethupathi and Maha Ghhandhi to settle the defamation case between them, the Supreme Court referred the matter to mediation at the Supreme Court's mediation centre.
In the wake of Adani-Hindenburg issue, the Supreme Court on Friday expressed concerns about protecting Indian investors and sought the views of the Union Government and the Securities and Exchange Board of India (SEBI) on suggestions to improve the regulatory mechanism.
The Supreme Court dismissed a bunch of petitions challenging the regulation introduced by the National Medical Commission in 2019 which limited the number of attempts to clear the first year examination as four. Before the introduction of this regulation, there was no limit.
Final semester law students, on the production of eligibility proof, should be allowed to take the All-India Bar Examination, although the result would be subject to the student passing all the components of the college examination, a Constitution Bench of the Supreme Court said, while upholding the power of the Bar Council of India to require law graduates to qualify for the All-India Bar Examination as an eligibility criterion to practise law in India.
The Supreme Court reserved its judgment in the petition filed by the State of Rajasthan challenging the High Court’s order to summon IPS Officer Ajay Pal Lamba for recording his evidence as a court witness in connection with Asaram's appeal challenging his conviction by lower Court in a minor's rape case.
The Supreme Court, on February 6, extended the exemptions granted to students studying in linguistic minority schools from writing Tamil language papers in 10th Standard Public Examination for the academic year, 2022-2023.
While pronouncing reasons for dismissing the petitions assailing the appointment of Justice Lekshmana Chandra Victoria Gowri as an Additional Judge of the Madras High Court, the Supreme Court rejected the argument that the facts were not known to the Collegium when they recommended her name for elevation.
The Supreme Court ordered the Post Graduate Institute for Medical Education and Research (PGIMER), Chandigarh to constitute a Medical Board to examine the suitability of a candidate with speech and language disability for MBBS admission.
Delhi Ridge act as the lungs that supplies oxygen to the citizens of Delhi, said the Supreme Court on February 8 while enjoining the Delhi Development Authority from allotting any land in areas which are under consideration for being notified as protected areas. A division bench comprising Justices B.R. Gavai and Vikram Nath pronounced the order.
No Need To Change Collegium System: Former CJI UU Lalit
Former Chief Justice of India Justice UU Lalit on being asked if the collegium system required to be changed, answered in a firm negative. Justice Lalit was speaking on 'Why Study Law: Social Duty and Legal Responsibility' at the inaugural session of the 12th edition of ThinkEdu Conclave on February 9 2023.
The Supreme Court reprimanded a Trial Court for issuing non bailable warrants to accused on the filing of the chargesheet, despite the fact that they had been cooperating and appearing through counsels. The Court noted that the action of the trial court was in violation of the mandate in the case Siddharth vs. State of Uttar Pradesh LL 2021 SC 391.
Fair Criticism Of Government Is Every Journalist's Right, It Is Not Sedition : Former CJI UU Lalit
Former Chief Justice of India UU Lalit said that fair criticism of the government will not amount to sedition.
Former Supreme Court judge Justice Madan B Lokur opined that the there should be more activism on the part of the Supreme Court on issues relating to personal liberty, reported the PTI.
A Constitution Bench of the Supreme Court has doubted the correctness of the 1962 judgment in the case Sardar Syedna Taher Saifuddin Saheb v. State of Bombay which upheld the right of Dawoodi Bohra community to excommunicate its members and has referred it to the 9-judge bench which is considering the questions in Sabarimala.
Former Supreme Court Judge Abdul Nazeer Appointed As Governor Of Andhra Pradesh
The President of India has appointed former Supreme Court judge Justice S Abdul Nazeer has been appointed as the Governor of Andhra Pradesh, reported news agencies. The incumbent Governor of Andhra Pradesh Biswa Bhusan Harichandan has been transferred as the Governor of Chhattisgarh.
Centre Notifies Appointment Of Justice Jaswant Singh As Chief Justice Of Tripura High Court
The Central Government has notified the appointment of Justice Jaswant Singh as the new Chief Justice of Tripura High Court. He is set to retire on February 22.
Chief Justice of India DY Chandrachud advised fresh law graduates to never forget the difference between justice and charity, as charity is a weak substitute for the full availability of exercise of human rights.
On A Long Break From Law Practice?Retake Bar Examination To Rejoin Profession : Supreme Court
An enrolled advocate, who has been employed in a ‘non-legal context’ for a substantial period of time would be deemed to be a ‘new enrolee’, should they wish to return to the legal profession, and would have to regain qualification by taking the All-India Bar Examination again, a Constitution Bench of the Supreme Court on Friday recommended, while upholding the power of the Bar Council of India to require law graduates to qualify for the All-India Bar Examination as an eligibility criterion to practise law in India.
The Supreme Court granted interim protection to officials of Kolkata Police and West Bengal Police from arrests in an FIR registered by the CBI against unidentified officers. The Court however allowed the CBI to continue with the investigation of the case.
“AI is a game-changer in the legal field and has the potential to revolutionise the way lawyers work,” said Supreme Court judge Hima Kohli.
