"It Is Impermissible For Co-operative Societies To Deny Membership To Single Women, Members of Particular Community, People Who Eat Particular Food": Supreme Court

Supreme Court on Saturday has orally remarked that it is "impermissible" that co-operative societies, in pursuance of the fundamental right to form associations under Article 19(1)(c), are denying membership to "single women, to individuals who are members of a particular community, to persons who eat some particular food." The bench headed by Justice Chandrachud was hearing an SLP against...

Section 482 CrPC - High Court Must Furnish Reasons For Issuing Interlocutory Direction At Interim Stage : Supreme Court

The Supreme Court has observed that while issuing an interlocutory direction at an interim stage while exercising jurisdiction under Section 482 of the Code of Criminal Procedure, the High Court must furnish reasons."Even at the interim stage, the High Court must demonstrate an application of mind and furnish reasons for issuing any interlocutory direction, which is capable...

Supreme Court Weekly Round Up: Nov 8 To Nov 14, 2021

JUDGMENTS THIS WEEK1. Merely Having An Explicit Clause Not Sufficient To Make Time The Essence Of The Contract: Supreme CourtCase name: Welspun Specialty Solutions Limited vs Oil and Natural Gas Corporation Ltd Citation: LL 2021 SC 646The Supreme Court observed that merely having an explicit clause may not be sufficient to make time the essence of the contract.The contractual clauses...

Consumer Protection Act 2019 : Legislative Impact Assessment Study Recommends Revision Of Pecuniary Jurisdiction To Reduce Burden On District Forums

The Central Government has filed an affdavit containing the Legislative Impact Assessment of the Consumer Protection Act, 2019 as directed by the Apex court in the suo-motu matter dealing with the issue of vacancies in Consumer Commissions across the country. In an order dated 11/08/2021, a Bench of Justices Sanjay Kishan Kaul and Hrishikesh Roy had directed the...

Indian Judiciary Has Always Been At The Forefront In Shaping A Welfare State: CJI NV Ramana

"Indian judiciary has always been at the forefront to make our country a welfare state. The country's history tells us that the constitutional courts (with the constitution at their hearts) have always stood up for the marginalized", said Chief Justice of India, NV Ramana while speaking at the Valedictory Ceremony of Pan India Legal Awareness & Outreach Campaign.This was a pan India...

'Deeply Concerned With Opaqueness' : Madras Bar Association Passes Resolution Against Proposal To Transfer Chief Justice Sanjib Banerjee

The Madras Bar Association has passed a resolution urging the Supreme Court Collegium to reconsider the recommendations to transfer the Chief Justice of Madras High Court Sanjib Banerjee to Meghalaya High Court.The Association said that it was "deeply concerned with the opaqueness surrounding the transfers". It also expressed concern with the transfer of Justice TS Sivagnanam from Madras...

Custodial Torture : Urgent Need For Supreme Court To Ensure CCTV Installation In Police Stations

The hugely successful Tamil movie "Jai Bhim" has brought much needed public attention to the troubling topic of police brutality. While the social media was abuzz with the discussions on the topic of police violence, an unfortunate news about the custodial death of a youth named Altaf in Kasganj police station in Uttar Pradesh emerged. The family of Altaf have raised doubts about the police version that Altaf was found dead in the washroom with a string tied around his neck and hung from a...

Merely Having An Explicit Clause Not Sufficient To Make Time The Essence Of The Contract: Supreme Court

The Supreme Court observed that merely having an explicit clause may not be sufficient to make time the essence of the contract.The contractual clauses having extension procedure and imposition of liquidated damages, are good indicators that 'time was not the essence of the contract', the bench comprising CJI NV Ramana and Justice Surya Kant observed in a judgment delivered on Saturday. The...

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...