BREAKING| Uddhav Thackeray Faction Moves Supreme Court Challenging ECI Order Recognising Eknath Shinde As Official 'Shiv Sena'

The Uddhav Thackeray faction has approached the Supreme Court challenging the decision of the Election Commission of India which recognized Eknath Shinde faction as the official Shiv Sena.Senior Advocate Dr.Abhishek Manu Singhvi mentioned the matter before Chief Justice of India, requesting it to be listed along with the ongoing cases before the Constitution Bench tomorrow. However, CJI...

Adani- Hindenburg : Supreme Court Refuses To Take On Record Forbes Report

In the Adani-Hindenburg issue, the Supreme Court on Monday refused to take on record a report published by Forbes about share dealings of the Gautam Adani group.On February 17, a bench led by Chief Justice of India had reserved orders on constituting a committee to review the regulatory measures so as to protect Indian investors.Today, Advocate Varun Thakur, the lawyer of one of the...

Complete Supreme Court Yearly Digest Part-8

MMaintenance and Welfare of Parents and Senior Citizens Act, 2007Maintenance and Welfare of Parents and Senior Citizens Act, 2007; Section 23 - Effecting transfer subject to a condition of providing the basic amenities and basic physical needs to the transferor – senior citizen is sine qua non for applicability of Section 23(1) - When it is alleged that the conditions mentioned in Section...

'Bar Association Obstructing Legal Aid Defence Counsel System' : Public Defenders' Plea In Supreme Court

Amid strikes in Rajasthan’s Bharatpur led by a local ‘Bar Association Committee’ and a ‘Bar Sangharsh Samiti’ against the National Legal Services Authority’s ‘Legal Aid Defence Counsel Scheme’, a number of public defenders in the district have alleged that the district bar associations and its office-bearers have been illegally restraining them from discharging their...

Spotlight On Recent Appointments To The Supreme Court- Justice Pankaj Mithal

A general criticism of the Indian Courts has been that very little is known to the public about the judges being recommended by respective Collegium before their appointment, on merit and suitability. A designated Secretariat ideally should do the job, unfortunately we don’t have such a mechanism. Livelaw has taken an initiative to share relevant information about the appointees and we...

Supreme Court Issues Notice In Plea Seeking Carrying Capacity Studies For Himachal States

Supreme Court bench comprising Chief Justice DY Chandrachud, Justice PS Narasimha, and Justice JB Pardiwala issued notice in a petition seeking for Carrying Capacity studies to be conducted in 13 Himachal States/UTs.The petition brought up concerns regarding uncontrolled and unsustainable construction of various commercial accommodations such as hotels, resorts, rest houses, and home stays,...

Murder Trial - Once Prosecution Establishes 'Last Seen Theory', Accused Is Bound To Give Explanations : Supreme Court

A recent judgment rendered by the Supreme Court has a notable discussion on the application of "last seen theory" in murder cases. Upholding the conviction of an accused in a murder case, the Court explained that once the prosecution has shown that the victim was last seen together along with the accused, then the accused has to give explanations."Once the theory of “last seen together”...

Collegium Should Have Permanent Secretariat, Candidates Bank : Ex-SC Judge Indira Banerjee Suggests Reforms

Judges have to remember their oath of discharging their duties without fear, favour, affection, or ill will, even when discharging administrative duties, such as nominating judges or prospective judges for appointment or elevation to constitutional courts, said former Supreme Court judge, Indira Banerjee. “Justice Ruma Pal, who had been a member of the collegium for a while, had...

Collegium Is Performing An Administrative Function, So Its Decisions Can't Be Beyond Judicial Review : R Vaigai

On Saturday, while speaking on the issue of building a transparent and accountable collegium, Ms. R. Vaigai, Senior Advocate at the Madras High Court, disagreed with the recent Supreme Court judgment in the Victoria Gowri case which held that collegium decisions are beyond judicial review.Vagai, who was one of the petitioners who challenged the appointment of Justice Victoria Gowri, was...

Important To Hold Govt Accountable For Its Inaction On Collegium Proposals : Former Judge Madan B Lokur

On Saturday, speaking on the issue of building a transparent and accountable collegium, at the Seminar on Judicial Appointments and Reforms, organised by the Campaign for Judicial Accountability and Reforms (CJAR), Justice Madan Lokur, former Judge of the Supreme Court expressed strong opinion on holding the Government accountable for its role in the process of judicial appointment. He...

Complete Supreme Court Yearly Digest Part-7

Insolvency and Bankruptcy Code, 2016Insolvency and Bankruptcy Code, 2016 - Appeal challenging NCLAT order which reversed the order of the NCLT wherein it had held that the application under Section 9 of the Insolvency and Bankruptcy Code, 2016 was not time-barred - Allowed - The failure of the NCLAT as the first appellate authority to look into a very vital aspect such as this, vitiates...

‘Collegium Can Reconsider Its Recommendation On Genuine & Honest Grounds’: Former Supreme Court Judge Indira Banerjee

There is no reason why the recommendations of a collegium cannot be reconsidered, if, on the basis of material on record, it has doubts regarding the correctness of the decision, said former Supreme Court judge, Indira Banerjee. However, she supplied an important caveat. “I do not see any reason why a recommendation cannot be reconsidered by the collegium, provided that the grounds...