'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...

'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...

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...

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...

Employer Can Terminate Service In The Event Of Suppressing Or On Submitting False Information By The Employee: Supreme Court

The Supreme Court reiterated that in the event of any suppression or on submitting false information, it is always open for the employer to cancel the candidature or terminate service of the employee/candidate.In the year 1994, the appellant in this case was selected and appointed as Sub-Inspector in Delhi Police Service. His services were terminated on the ground that that he was a deserter...