Top Stories
Supreme Court Stays Patna HC Judgment Which Allowed Elected Persons Disqualified For Having More Than 2 Children To Continue As Panchayat Members
The Supreme Court recently issued notice in s Special Leave Petition assailing Patna High Court's order allowing three elected persons who were disqualified by the State Election Commission for having more than two children to continue to participate as members of Panchayat. The bench of Justices SK Kaul and MM Sundresh stayed High Court's judgement and said, "In the meantime,...
BREAKING| Supreme Court Bench Led By CJI To Hear Petitions Related To Shiv Sena Rift On July 20
The Supreme Court will hear on July 20 the petitions filed in relation to the rift in Shiv Sena which led to changes in Maharashtra Government and Assembly.A bench comprising Chief Justice of India NV Ramana, Justice Krishna Murari and Justice Hima Kohli will hear the petitions.The following are the petitions:Petition preferred by rebel Shiv Sena leader Eknath Shinde(now the Chief Minister)...
Supreme Court Weekly Round-Up: July 11 To July 16, 2022
Supreme Court Judgements Person Who Secures Appointment On The Basis Of A False Caste Certificate Cannot Be Permitted To Retain Benefit Of Wrongful Appointment : Supreme Court Case title: Chief Executive Officer Bhilai Steel Plant Bhilai vs Mahesh Kumar Gonnade | CA 4990 OF 2021 Citation: 2022 LiveLaw (SC) 572 The Supreme Court bench of Justices Sanjay Kishan...
Primary Object of Habeas Corpus Petition For Child's Custody Is To Determine In Whose Custody The Best Interest of the Child Will Be Advanced: Supreme Court
The Supreme Court, on Thursday, held that in petition seeking writ of habeas corpus in matter relating to custody of child, the Court exercises an inherent jurisdiction, independent of any statute and therein the paramount consideration of the Court is to ascertain what is in the best interest of the child. "...the employment of the writ of Habeas Corpus in child custody cases is...
Shinde vs Thackeray : Who Is The Real Shiv Sena? 10th Schedule Clinches The Issue - PDT Achary | Full Text Of Interview
PDT Achary, the former Secretary General of Lok Sabha, opined that the tenth schedule of the Constitution plays an important role in determining which faction can claim to be the real political party following a rift.In this regard, he referred to Explanation (a) to the second paragraph of the tenth schedule of the Constitution, which says "an elected member of a House shall be deemed to...
Scope Of Interference In Criminal Appeal By Special Leave Under Article 136 Of Constitution : Supreme Court Explains
In a judgment dismissing a criminal appeal, the Supreme Court explained the scope of criminal appeals by special leave under Article 136 of the Constitution of India.The power under Article 136 is exercisable only when this Court is satisfied that it is necessary to interfere in order to prevent grave or serious miscarriage of justice, the court said. Referring to earlier judgments, the...
Quality Of Legislative Performance Declining In Country; Laws Being Passed Without Detailed Deliberation & Scrutiny : CJI Ramana
Chief Justice of India NV Ramana on Saturday said that there is a general decline in the legislative performance in the country and that laws are being passed without due deliberation and scrutiny.Addressing a meeting at the Legislative Assembly of Rajasthan on the topic "75th year of Parliamentary democracy", the CJI said :"I hope I am proved wrong. But, sadly, the country is witnessing...
Ready Reckoner Rates Meant For Calculation Of Stamp Duty Cannot Be The Basis For Determination Of Land Acquisition Compensation: Supreme Court
The Supreme Court observed that prices mentioned in the Ready Reckoner meant for calculation of the stamp duty cannot be the basis for determination of the compensation under the Land Acquisition Act.In this case, the Bombay High Court, allowing appeal of land owners/claimants enhanced the amount of compensation for the lands acquired mainly relying upon the prevailing Ready Reckoner rates of...
"Hasty Arrests, Difficulty In Obtaining Bail" : CJI Says "Process Is Punishment" In Our Criminal Justice System
Laying emphasis on hasty indiscriminate arrests and difficulty in obtaining bail, Chief Justice of India NV Ramana on Saturday said that the process which led to prolonged incarceration of undertrials needed urgent attention. "In our criminal justice system, the process is the punishment. From hasty indiscriminate arrests, to difficulty in obtaining bail, the process leading to...
Subsequent SC Decisions Which Have Considered & Distinguished Earlier Judgments Binding On High Courts : Supreme Court
The Supreme Court observed that its subsequent decisions which have considered and distinguished the earlier decisions are binding on High Courts.Not following the binding precedents of this Court by the High Court is contrary to Article 141 of the Constitution of India, the bench comprising Justices MR Shah and BV Nagarathna said.In this case, the High Court of Karnataka set aside the...
"Non-Filling Up Of Judicial Vacancies Major Reason For Pendency" : CJI Ramana Responds To Law Minister
Responding to the concerns expressed by Union Minister for Law and Justice Kiren Rijiju regarding the huge case backlogs in the country, Chief Justice of India NV Ramana on Saturday reiterated that the non-filling up of judicial vacancies was the major reason for the pendency of cases in the country.The Law Minister and the Chief Justice were attending the All India Legal Services...
"3.5 Lakh Undertrial Prisoners" : Law Minister Appeals For Efforts To Release Maximum Undertrials
Union Minister for Law and Justice Kiren Rijiju has made an appeal to the State Legal Services Authorities to take efforts so that maximum undertrial prisoners can be relased by August 15, 2022, on the day of the 75th year of independence of India."I appeal to all the State Legal Services Authorities to further intensify their efforts to provide legal counsel/aid to the under-trial prisoners...