Power To Transfer High Court Judges: Explained

The recent decision of the Supreme Court Collegium transferring the Chief Justice of Madras High Court Justice Sanjib Banerjee to the Meghalaya High Court has again ruffled feathers of the legal fraternity. The recommendation of the collegium has drawn sharp criticism from various quarters of the legal fraternity. With this backdrop, let us understand the procedure to be followed for...

Requests Being Made To Chief Justices To Consider Women, OBC, Minorities, SC/ST Candidates For HC Judgeship: Kiren Rijiju

To ensure social diversity in appointment in the High Courts, the Central Government has been requesting the Chief Justices across all the High Courts to give due consideration to suitable candidates belonging to Scheduled Castes, Scheduled Tribes, Other Backward Classes, minorities, and women while sending their proposal for appointment of judges.Union Law Minister Kiren Rijiju informed the...

Custody Certificate- Circulate 'Correct Format' To Jail Authorities & File All Cases In That Format Only: Supreme Court Directs State Of UP

The Supreme Court on Friday asked the Uttar Pradesh State to come up with a correct format of custody certificate and circulate the same to the concerned jail authorities.The Bench of Justice S. K. Kaul and Justice M. M. Sundresh further directed the UP Government that henceforth in all cases, custody certificate should be filed in that format only.Essentially, the Court was dealing with...

[Employees Compensation Act] Appeal Against Award Passed By Compensation Commissioner Only Maintainable On Substantial Question Of Law U/s 30: Supreme Court

The Supreme Court has observed that an appeal against the award passed by Compensation Commissioner is maintainable only on a substantial question of law in terms of section 30 of the Employees Compensation Act, 1923. The bench of Justices Hemant Gupta and V Ramasubramanian in the present matter was considering an appeal challenging Madras High Court's order dated April 25, 2013. As per the...

She Is Major, Highly Educated, Can Decide Where To Go & Reside: Allahabad HC Orders Protection For Married Woman Residing With A Man

The Allahabad High Court on Thursday came to the rescue of a married woman who moved the High Court with her protection plea claiming that she is facing threats from her family members and therefore, sought direction to the police authorities to protect her and another man, with whom she is presently residing.The Bench of Justice Devendra Kumar Upadhyaya and Justice Saroj Yadav directed...

'Very Arrogant', 'No Respect For Court Orders' : Supreme Court Dismisses UP Govt Secretaries' Plea Against Arrest Warrants

The Supreme Court on Saturday made scathing remarks against the Officers from State of UP against whom bailable warrants have been issued by the High Court, for their 'reckless attitude' in not respecting the Court orders.A Bench comprising the Chief Justice of India NV Ramana, Justice Surya Kant and Justice Hima Kohli was hearing a petition challenging the High Court's recent order...

Panch Witness Not Authorized U/S 42 Of NDPS Act To Effect Search & Seizure: Mumbai Special Court

The alleged seizure of four ecstasy pills from Nupur Sajita, a guest on the Cordelia Cruise, is prima facie illegal, the special NDPS Court observed in its detailed order granting her bail. Special NDPS Judge VV Patil noted that on October 2, instead of an authorized officer (under Section 42 of the NDPS Act) searching Satija's room, female panch witness conducted search and...

Stay Of Second Suit- Court Can Suo Motu Excercise Power U/S 10 CPC, Filing Of Application Isn't Required: MP High Court

The Madhya Pradesh High Court (Gwalior Bench) on Friday ruled that for the purpose of the exercise of the power under Section 10 of the Code of Civil Procedure (to stay a second suit), an application is not required to be filed before the Court and the Court can, on its own, stay the second suit.The Bench of Justice Rajendra Kumar (Verma) further observed that a court has inherent power...

After Supreme Court Expresses Concerns About Children Amid Pollution, Delhi Govt Decides To Close Schools For A Week

Expressing serious concern towards the probable effect of Delhi's present air pollution crisis on the health of school going children, the Supreme Court on Saturday asked the Delhi Government what steps have been taken in that regard.Addressing Senior Advocate Rahul Mehra appearing for Delhi Government, a bench comprising the Chief Justice of India NV Ramana, Justice Surya Kant and Justice ...

Sec 40 RERA - Homebuyers Entitled To Recover Amount Invested Along With Interest As Land Revenue Arrears From Builder : Supreme Court

The Supreme Court in its judgment delivered on Thursday (11th November) had, inter alia, held that the amount invested by the allottees, which is often their life savings, along with the interest thereon as quantified by the regulatory authority or the adjudicating officer can be recovered as arrears of land revenue by them from the builders, under Section 40(1) of the Real...

No Permission Required To Advertise Ayurvedic Treatment; Kerala High Court Suggests Bringing New Legislation To Regulate Such Ads

The Kerala High Court recently ruled that no permission was required to advertise ayurvedic treatment and facilities of an institution, as long as they were not advertising any drug.However, the Bench clarified that this order should not be treated as a blanket order to publish advertisements about treatment.Justice P.V. Kunhikrishnan also directed the State to issue a circular to...

Supreme Court Raps Manipur Govt For Not Inviting Fresh Tenders To Transport Grains From FCI Depot To Child Development Project Officers

The Supreme Court on Friday deprecated State of Manipur for lethargy and negligence on the State and Social Welfare Department ("Department") part for not issuing the fresh tender process and Notice Inviting Tenders ("NIT") after 2018 for transporting rice and other micronutrients from Food Corporation of India's depots in the State to offices of Child Development Project...