Supreme court
Trial Courts Have To Clearly Specify Whether Sentences Would Run Concurrently Or Consecutively: Supreme Court
The Supreme Court observed that the Trial Courts, while awarding multiple punishments of imprisonment, have to specify in clear terms as to whether the sentences would run concurrently or consecutively. Any omission to carry out this obligation causes unnecessary and avoidable prejudice to the parties, the bench comprising Justices Dinesh Maheshwari and Aniruddha Bose observed.The...
'Keep Faith In Us' : Bombay High Court Takes Objection To Lawyer's Article Criticizing Handling Of Stan Swamy Bail Case
The Bombay High Court, while hearing a plea for interim medical bail for DU Associate Professor Hany Babu, took an exception to a recent editorial written by a lawyer criticizing the Court's handling of the bail plea of octegenarian Father Stan Swamy. Both Hany Babu and Stan Swamy are undertrials in the Bhima Koregaon case. The court witnessed dramatic scenes on Thursday after Justice...
Supreme Court Rejects Plea To Constitute Committees To Hold Preliminary Inquiries Before Lodging Sedition Cases Against Senior Journalists
In its judgment quashing sedition case against Journalist Vinod Dua, the Supreme Court rejected the plea to direct the State Governments to constitute committees to conduct preliminary inquiry before FIRs are registered against senior journalists.That would amount to encroachment upon the field reserved for the legislature, the bench comprising Justices UU Lalit and Vineet Saran...
CBSE Certificates - 'Students May Fail To Notice Errors Due To Young Age & Inadvertence' : Supreme Court Calls For 'Different Approach' In Time-Limit For Changes/Corrections
The Supreme Court has observed that there should be a "different approach" by the Central Board of Secondary Education (CBSE) in its time-limit for accepting requests from students for corrections or changes in the certificates.A realistic time for permitting corrections is very important, the Court observed. A 3-judge bench comprising Justices AM Khanwilkar, BR Gavai and...
Embargo In CBSE Byelaws On Change Of Name "Post Publication Of Examination Results" Unreasonable: Supreme Court
The Supreme Court has held that the provision in the CBSE byelaw which permit the change of name of the student only on the basis of court orders obtained before the publication of results as "excessively restrictive".The Court held that the embargo on accepting court orders and gazette publications after the publication of results as an unreasonable restrictions on the exercise of rights...
'Procedure Becomes Important When People's Rights Are Involved': Calcutta High Court Tells CBI In Narada Case
The Calcutta High Court on Thursday continued its hearing in the Narada case, in which the CBI has sought to transfer the trial and to declare that the hearing in the trial court on May 17 - which led to bail being granted to four TMC leaders - was vitiated on account of mob pressure. A 5-Judge Bench comprising of Acting Chief Justice Rajesh Bindal, and Justices IP Mukherjee,...
Citizen Has Right To Criticize Government As Long As He Does Not Incite People To Violence: Supreme Court In Vinod Dua Case
A citizen has a right to criticize or comment upon the measures undertaken by the Government and its functionaries, so long as he does not incite people to violence against the Government or with the intention of creating public disorder, the Supreme Court said while quashing sedition case registered against journalist Vinod Dua.The bench of Justice Uday Umesh Lalit and Vineet Saran observed...
Contempt Action Can Be Taken Only In Respect Of Established Wilful Disobedience Of Court Order, Reiterates Supreme Court
The Supreme Court reiterated that contempt action can be taken only in respect of established wilful disobedience of the Court order. "In exercising contempt jurisdiction, the primary concern must be whether the acts of commission or omission can be said to be contumacious conduct of the party who is alleged to have committed default in complying with the directions given in the judgment...
Include Practicing Advocates & Clerks In Vaccine Priority List Along With Judicial Officers & Court Staff : Kerala HC Directs State Govt
In a significant relief to the members of legal fraternity, the Kerala High Court has directed the State Government to include practicing advocates and their clerks in the priority list for COVID-19 vaccination in the age group of 18-45 years within 10 days.The Court passed the direction taking note of the fact that the Government has issued an order on June 2 to include judges and court staff...
'Name Is An Intrinsic Element Of Identity': Supreme Court Issues Guidelines For Recording Corrections & Changes In CBSE Certificates
The Supreme Court, in a judgment delivered on Thursday, issued guidelines for the Central Board of Secondary Education to process the applications for correction or change in the certificates issued by it.The bench comprising Justices AM Khanwilkar, BR Gavai and Krishna Murari issued these directives while disposing a batch of appeals questioning the bye law...
Supreme Court Directs Continuation Of Justice Shiva Kirti Singh As TDSAT Chairperson Till New Appointment
The Supreme Court on Thursday directed the continuation of Justice Shiva Kirti Singh, former Supreme Court judge, to continue as Chairman of Telecom Disputes Settlement Appellate Tribunal (TDSAT) till new appointment is made to the post. The direction was passed by a bench comprising Justices L Nageswara Rao, Hemant Gupta and S Ravindra Bhat on an interlocutory application filed in the...
Tribunals Reforms Ordinance An Act of Legislatively Overruling Supreme Court Decision; Has To Be Struck Down : Arvind Datar
The Supreme Court on Wednesday considered the contours of permissible and impermissible legislative overruling and if there is a power to legislate with retrospective effect to the result that judicial decisions stand overruled.The bench of Justices L. Nageswara Rao, Hemant Gupta and Ravindra Bhat was hearing the Madras Bar Association's challenge to the Tribunals Reforms (Rationalization...