Inter Se Seniority Of Direct Recruits And Promotees In A Particular Service Has To Be Determined As Per The Service Rules : Supreme Court

The Supreme Court observed that inter se seniority of direct recruits and promotees in a particular service has to be determined as per the service rules.The writ petitioners before the Allahabad High Court were initially appointed as Consolidators in the Consolidation Department in various districts. They were promoted to the post of ACOs on various dates in the year 1997. Direct recruits...

Lawyer Who Signs Petitions With Derogatory Remarks Is Guilty Of Contempt Of Court: Supreme Court

The Supreme Court on Friday issued notice to the Petitioner and the Advocate-on-Record on a plea which contained remarks and observations against a High Court judgment which were highly contemptuous in nature.A bench comprising of Justice B. R. Gavai and Justice B. V. Nagarathna citing the Constitution Bench judgment of M. Y. Shareef and Anr. vs The Hon'ble Judges of the High Court of Nagpur...

Sealed Cover Procedure Sets A Dangerous Precedent ; Affects Function Of Justice Delivery System : Supreme Court

The Supreme Court observed that sealed cover procedure sets a 'dangerous precedent' as it makes 'the process of adjudication vague and opaque'. The bench of Justices DY Chandrachud and Hima Kohli , in a judgment delivered on 20 October 2022, observed that this procedure affects the functioning of the justice delivery system and causes a serious violation of natural justice.The measure...

Collegium System Has Checks & Balances, Says Supreme Court While Disapproving Centre Delaying Judicial Appointments

Few days after the Union Law Minister criticised the collegium system as "opaque" and "unaccountable", the Supreme Court passed an order recording disapproval of the Centre delaying judicial appointments, especially by sitting over names which have been reiterated by the Collegium.In what could be perceived by many as a reply to the Law Minister's tirade, the Court asserted that the...

Criminal Law Applied Against Hate Speech Selectively; Citizens Should Explore Civil Remedies : Former SC Judge RF Nariman

The former judge stated that civil suits for reliefs against hate speech are maintainable and that punitive damages must be awarded.

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At United Nations Event, Solicitor General Defends CAA, UAPA; Says Human Rights Defenders Must Follow Law Of The Land

Leading the official Indian delegation to the Human Rights Council (HRC) in Geneva on Thursday, the Solicitor General of India, Tushar Mehta appreciated the role of human rights defenders, civil society members, journalists, and activists, however, he did add that their actions should be in conformity with the law of the land. "India has always condemned instances...

'Son Missing For 17 Years' : Supreme Court Directs Investigation By SIT On A Father's Plea

While considering a father's plea complaining that his son is missing for almost 17 years, the Supreme Court directed the Madhya Pradesh Government to handover further investigation to a Special Investigation Team (SIT).In the year 2005, Attu's son Manoj Prajapati was accused in a crime of outraging modesty of a women. He had filed a Habeas Corpus Petition before the High Court which was...

Merely Because Stay Application Is Pending In Review Petition Cannot Be A Ground To Not Comply With Directions Issued By The Court : Supreme Court

Merely because the stay application is pending in review petition cannot be a ground to not comply with the directions issued by this Court, the Supreme Court observed while issuing notice in a Contempt Petition filed by Reliance Industries Limited.The bench of Justices MR Shah and MM Sundresh observed that the pendency of an appeal and/or writ petition along with stay cannot be equated...

'Derogatory' Averments Made Against Karnataka HC In SLP : Supreme Court Issues Contempt Notice To Petitioner, AoR

The Supreme Court issued contempt notice to a litigant and his Advocate on Record for 'derogatory' averments made against the Karnataka High Court in a Special Leave Petition.Mohan Chandra P., who is a practicing Advocate himself, had, by filing a writ petition before Karnataka High Court, challenged the selection of the Chief Information Commissioner and the Information Commissioners by...

Chief Justice DY Chandrachud: Landmark Judgements, Constitutionalism, and Penchant for Reform

Justice D.Y. Chandrachud on Wednesday took on the mantle as the topmost judge of the country. All eyes remain focused on the Supreme Court as the true-blue liberal and progressive Judge started his two-year-long tenure as the Chief Justice of India this week. We take a look back at some of his most important judgements, both arising out of the High Courts where he served as a Judge for about...

High Court Cannot Exercise The Power Of Remission Itself : Supreme Court

The Supreme Court observed that while exercising the power of judicial review, a High Court cannot excercise the power of remission itself.In this case, the convict in a murder case had undergone 12 years and 9 months of actual sentence and 14 years and 6 months with remission when he sought premature release. The authorities kept the issue pending which made him approach the Punjab and...