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Judges Are Never To Be Tried In Media; Attributing Motives To Judges A Dangerous Trend : Justice Deepak Gupta
Agreeing with the comments made by Supreme Court judge Justice JB Pardiwala regarding personal attacks made against judges, former Supreme Court judge Justice Deepak Gupta said that judges are never to be tried in media.Terming the trial of judges in media a "dangerous trend", Justice Gupta said that it can interfere with judicial administration. He added that the Court should "come down with...
Substantive Right Accrued To A Litigant Should Not Be Defeated Citing Procedural Defects Capable Of Being Cured: Supreme Court
The Supreme Court observed that substantive right accrued to the litigant should not be defeated citing a procedural defect capable of being cured."It is a trite law that the procedural defect may fall within the purview of irregularity and capable of being cured, but it should not be allowed to defeat the substantive right accrued to the litigant without affording reasonable ...
Plea Seeking Arrest Of Former BJP Spokesperson Nupur Sharma Mentioned For Urgent Listing Before Supreme Court
A petition filed by a lawyer seeking to arrest former BJP Spokesperson Nupur Sharma for her alleged hate statement against the revered Prophet Mohammad on a television debate was mentioned for urgent listing before the Supreme Court on Wednesday. The petition was mentioned before the vacation bench of Justices Indira Banerjee and JK Maheshwari. Urging the bench to list the plea,...
'Hold Goa Panchayat Elections Within 45 Days' : Supreme Court Upholds Bombay HC Direction
The Supreme Court, on Wednesday, refused to interfere with the order of the Bombay High Court at Goa passed on 28th June, 2022, which had directed the State of Goa and the State Election Commission to ensure that the elections are held and completed within 45 days from the date of order. It observed that the High Court order was in compliance with Article 243E of the Constitution of...
Difference Between "Per Incurium" & "Sub Silentio" -Explainer
Those things which have been so often adjudged ought to rest in peace. This statement by the English jurist, Lord Coke succinctly summarizes the jurisprudential force of the doctrine of precedent. The doctrine of precedent occupies an important position in the organization of any judicial system. It implies that a decision by a court higher in the pyramid of judicial hierarchy, binds...
EPS v OPS : Supreme Court Stays Madras HC Order Which Restrained AIADMK General Council From Passing Resolutions
In the dispute between Edappadi K Palaniswami(EPS) and O Paneerselvam (OPS) regarding the leadership of AIADMK party, the Supreme Court on Monday stayed the Madras High Court division bench's order staying the passing of resolutions in AIADMK General Council Meeting.A vacation bench comprising Justices Dinesh Maheshwari and Krishna Murari passed the interim order in the special leave...
Breaking: Supreme Court Refuses To Interfere With Order Granting Anticipatory Bail To Actor Vijay Babu In Rape Case, Modifies Conditions
The Supreme Court on Wednesday refused to interfere with the anticipatory bail granted to Malayalam film producer-actor Vijay Babu in a rape case alleged by another actor. It however made it clear that Vijay Babu shall not leave the State of Kerala without prior permission of the court. He is also restrained from making social media posts in connection with the case.A vacation bench...
Zee News Anchor Rohit Ranjan Approaches Supreme Court Against Multiple FIRs Over Rahul Gandhi's Video
Zee News anchor Rohit Ranjan moves Supreme Court against the multiple FIRs registered against him over an alleged doctored video of Rahul Gandhi's speech.Senior Advocate Siddharth Luthra mentioned the matter before a vacation bench comprising Justices Indira Banerjee and JK Maheshwari for urgent listing. Luthra submitted that the anchor made an error during a show and he later apologised for...
Supreme Court Monthly Digest: June 2022
Pension Is A Continuous Cause Of Action; Arrears Can't Be Denied On Ground Of Delay : Supreme Court Case Name: Shri M.L.Patil (Dead) Through LRs v. State of Goa And Anr.| Civil Appeal No. 4100 of 2022 Citation: 2022 LiveLaw (SC) 537 The Supreme Court, recently, held that arrears of pension cannot be denied on the ground of delay in approaching the Court as pension...
'Magistrates Should Not Curtail Personal Liberty In A Casual Manner' : Justice Deepak Gupta | Full Text Of Interview
Former Supreme Court judge Justice Deepak Gupta, in an interview with Manu Sebastian, Managing Editor of LiveLaw, shared his opinion about the case against fact-checker Mohammed Zubair and expressed concern about the worrying trend of Courts denying bail without proper examination. He stated that many judges are scared to grant bail due to fear of public opinion and added that judicial...
Several Blocking Orders Of MeiTY Arbitrary & Disproportionate, Some Pertain To Political Content : Twitter Inc Tells Karnataka High Court
The petition filed by Twitter Inc says that several blocking orders issued by the Ministry of Electronics and Information Technology (MeiTY) under Section 69A of the Information Technology Act are "procedurally and substantially deficient of the provision" and "demonstrate excessive use of powers and are disproportionate". The petition which was filed on Tuesday says that in June, the...