'Not A Mute Spectator' : Suo Motu Cases Taken By Supreme Court In 2021

'Suo motu' is a Latin term which means 'on its own motion'. When the Court takes suo moto cognisance of an issue, it institutes a case on its own accord by taking cognisance of a public issue. At times, the Court's suo motu actions will be based on letter petition, media reports etc. When the COVID-19 pandemic and plight of those in distress had evoked a feeling of helplessness and...

COVID Orphans: Calcutta High Court Seeks Election Commission's Reply On WBCPCR Plea Seeking Compensation, Other Reliefs

The Calcutta High Court has sought the reply of the Election Commission of India on the plea filed by the West Bengal Commission for Protection of Child Rights (WBCPCR) seeking compensation for the children orphaned during COVID.The Bench of Justice Harish Tandon and Justice Soumen Sen sought a reply on the WBCPCR's plea seeking a direction upon the Election Commission to provide compensation...

How Supreme Court Protected Rights Of Disabled In 2021

As per the Census of 2011 there are 2.68 crore persons with disabilities in India who constitute 2.21 percent of population out of which 1.50 crore are male and 1.18 crore are female.In our country, persons with disabilities constitute a minority group who live in an extremely vulnerable and disadvantaged political, social and economic environment. They are often disfavoured because of...

100 Major Supreme Court Judgments Of 2021 [Part 3, Judgments 76 -100]

This is the third part of the article covering 100 major Supreme Court judgments of 2021. The first part covered 52 judgments delivered from January to June. The second part included judgments(53-75) delivered from July to October. The third part will cover judgments (76-100) from October to December. Read the first part here and the second part here.76. National Green Tribunal Has Suo...

High Courts Weekly Roundup [December 20, 2021 To December 26, 2021]

Allahabad High CourtAllahabad High Court Directs UP Govt To Regularly Update State Enactments, Amendments On Official Websites [In Re - Regular Publication of All The Enactments of The State Legislature, as well as Rules, framed]The High Court called upon the Uttar Pradesh Government to regularly update the text of the state laws, along with the amendments, if made, on its official websites....

Karnataka High Court Allows Christian Woman To Perform Prayers At Her House Subject To Conditions; Allows Police To Video Record

The Karnataka High Court has by way of an interim order allowed a 70-year old Christian woman staying in Udupi District of Karnataka to perform prayers at her house. A single judge bench of Justice Krishan S Dixit said that, "AGA is requested to accept notice for respondent Nos.1 to 4; issue ad-interim order as prayed for, subject to the following undertaking given by...

WhatsApp Group Administrator Not Vicariously Liable For Objectionable Posts By Members : Madras HC Endorses Bombay HC Judgment

The Madras High Court recently granted relief to an administrator of a WhatsApp group in an FIR registered over offensive messages posted in the group by a member. The Court directed that the group administrator should be removed as an accused from the chargesheet, if the investigation reveals that he has only played the role of an administrator and nothing more. The Madurai Bench...

Popular Majority Not A Defence For Arbitrary Actions Of Govt; Functioning Of Democracy Unthinkable Without Judicial Review : CJI Ramana

A popular majority is not a defence for arbitrary actions of the Government, said Chief Justice of India NV Ramana, while underscoring the importance of all wings of the state acting within their constitutional limits.Speaking at a public event at Vijayawada, the CJI also criticized the tendencies to brand judicial review as "judicial overreach". He said that without judicial review,...

Supreme Court Lawyers Write To CJI To Take Suo Moto Cognizance Of Hate Speeches Allegedly Calling For Genocide Of Muslims Given In Haridwar & Delhi- Read Letter

76 Supreme Court Lawyers have sent a letter to Chief Justice of India NV Ramana highlighting the two separate events organised in Delhi (by the Hindu Yuva Vahini) and Haridwar (by Yati Narsinghanand) on 17th and 19th December 2021 wherein hate speeches consisting of open calls for genocide of Muslims in order to achieve ethnic cleansing were made.They have urged the CJI to take suo...

PIL On 'Pitiable Condition' Of 1st Prez Dr. Rajendra Prasad Memorials: Patna HC Directs Inspection, Seeks Reply Of Centre, Bihar Govt

Dealing with a Public Interest Litigation (PIL) plea filed highlighting the pitiable state of affairs of the memorials of the first president of India, Dr. Rajendra Prasad situated at three different places of Bihar, the Patna High Court on Thursday sought the reply of the Union and State Government.The Bench of Chief Justice Sanjay Karol and Justice S. Kumar appointed a team of...

'No Physical Resistance By Prosecutrix Won't Make The Act Consensual': Madras High Court Upholds Rape Conviction

Upholding a rape conviction by the trial court (Chief Judicial Magistrate) and the lower appellate court (Sessions Judge), Madras High Court, while dismissing the criminal revision petition of the accused, has held that lack of physical and violent resistance against the accused will not make the act as consensual. "The very fact that the victim did not physically and violently resist...

Gauhati High Court Directs Assam Govt To Identify Ration Card Beneficiaries In Slum Areas Of Guwahati, Extend Help To The Needy

The Gauhati High Court has directed the state government to identify the ration cards beneficiaries in slum areas of Guwahati.The Bench of Justice N. Kotiswar Singh and Justice Malasri Nandi has also directed that families who need help in the COVID-19 pandemic be given help immediately, in form of food and other day-to-day support promptly.The order came on the PIL filed by one Syeda...