Revisit High Enrolment Fee To Bar Councils, We Aim To Provide Judgements In All Languages: CJI Bats For Democratisation Of Legal Profession

Chief Justice of India DY Chandrachud on Saturday sought democratization of the legal profession by removing feudalistic remnants like monetary barriers and access to equal opportunity for first generation lawyers. The CJI asked state Bar Councils across the country to relook fee structure for enrolment to their respective bar councils while speaking at the felicitation program...

ESI Act Should Be Given Liberal Interpretation So That Social Security Can Be Given To Employees : Supreme Court

The Supreme Court observed that the Employees' State Insurance Act should be given liberal interpretation so that social security can be given to the employees.M/s Radhika Theatre's challenge against the demand notice issued by the ESI Corporation was dismissed by the ESI Court. The Telangana High Court, allowing their writ petition, held that Subsection (6) of Section 1, which was...

Basic Structure Doctrine A North Star Which Guides Interpretation Of Constitution : CJI DY Chandrachud

Chief Justice of India Dr DY Chandrachud has called the ‘basic structure doctrine’ a north star “which guides and gives a certain direction to the interpreters and implementers of the Constitution when the path ahead is convoluted.” The basic structure doctrine had evolved in the celebrated 13-Judge Constitution Bench judgement of the Supreme Court almost five decades back....

Questions & Answers By Justice V. Ramkumar- Investigation By Police- PART XXIII

In the case of “petty offences” is there any “special summons” and what are the options available to the accused ?Ans. Yes. In the case of “petty offences” as defined under Section 206 (2) Cr.P.C. and which can be summarily disposed of under Sections 260 or 261 Cr.P.C., the Magistrate can issue a “special summons” indicating the amount of fine not exceeding Rs. 1,000/- in...

By Asking Centre To Give Seniority To Reiterated Name Over New Proposals, SC Collegium Sets A New Precedent

The recent resolutions published by the Supreme Court Collegium have been making headlines as these are unprecedented instances of the Collegium publicising both the objections raised by the Central Government and its responses to them. The Collegium showed laudable temerity in calling out certain frivolous and unacceptable grounds of objection- such as sexual orientation of a candidate,...

High Court Digest On Compensation- 2022

Here is 40 times High Courts granted relief to persons/ families caught in peculiar circumstances and ordered compensation in the year 2022:1. 'Divyang' Man Forced To Ride Bicycle In Govt Job Interview | "State Failed Its Special Citizen": Allahabad HC Orders ₹5 Lakh CompensationCase title - Pradeep Kumar Gupta v. State Of U.P. Through Secretary ( Higher Education) And 4 Others [WRIT - A No....

Shelter For Urban Homeless : Supreme Court Directs North Indian States To File Status Report On Winter Plan

“It is estimated that more than one per cent of the country’s population is homeless. With the onset of winter, I myself saw so many people out on the streets, sleeping in the biting cold,” Advocate Prashant Bhushan told the Supreme Court on Friday while urging it to, inter alia, direct North Indian states to furnish status reports on the temporary measures adopted by them to...

State Government Can Be ‘Person Interested’ In Getting Compensation Under Coal Bearing Areas (Acquisition And Development) Act : Supreme Court

The Supreme Court held that a State Government can be said to be the ‘person interested’ in getting the compensation under Coal Bearing Areas (Acquisition and Development) Act, 1957.In this case, some lands owned by the State Government of Odisha were acquired by the Government of India under Section 9 of the Coal Bearing Areas (Acquisition and Development) Act, 1957. The State...

Supreme Court Annual Digest 2022- Negotiable Instruments Act

Negotiable Instruments Act, 1881 Section 3 - Banker Negotiable Instruments Act, 1881 - Section 3 - ‘Banker’ includes any person acting as a banker and any post office savings bank. In terms of this section, a post office savings bank is a banker under the NI Act. (Para 11) Pradeep Kumar v. Post Master General, 2022 LiveLaw (SC) 139 : (2022) 6 SCC 351 Section 8...

Plea Before Supreme Court Seeks Compulsory Labelling On Fortified Rice Sacks For The Benefit Of Those Contraindicated To Consume It

A petition has been filed before the Supreme Court, inter alia, seeking compliance of Clause 7(4) of the Food Safety and Standards (Fortification of Foods) Regulations, 2018 to carry out mandated labelling on fortified rice sacks for the benefit of those (including sickle cell disease and thalassemia patients) who are contraindicated to consume the same.When the matter was taken up, on Friday,...

In Difficult Times Of History, Article 226 & Basic Structure Doctrine Helped People : Justice SK Kaul

“In difficult periods in our history, it is Article 226 and the basic structure doctrine that have come to the aid of society and the people at large, and I have no hesitation in saying this,” said Supreme Court judge Justice Sanjay Kishan Kaul on Thursday (January 19) while hearing a petition raising the question of whether the jurisdiction of high courts is altogether excluded because of...

Supreme Court Issues Notice On Plea Challenging Surrogacy (Regulation) Act Provisions Precluding Unmarried Women From Becoming Intending Mothers

The Supreme Court, on Friday, issued notice in a plea, inter alia, challenging Section 2(s) of the Surrogacy (Regulation) Act, 2021 to the extent that it excludes unmarried women from the ambit of the definition of ‘intending woman’.Section 2(s) defines ‘intending woman’ as ‘an Indian woman who is a widow or divorcee between the age of 35 to 45 years and who intends to avail...