Rajasthan Crisis : Live Updates From HC Hearing On Sachin Pilot Camp's Plea

Rajasthan High Court starts hearing the petition filed by dissident Congress MLAs led by Sachin Pilot against the disqualification notices issued by Speaker. Follow live updates...

[Vikas Dubey Encounter] Petitioner Seeks Investigation Against High Echelons Of State Administration, Suspension Of Police Officers

Calling the "theory of the so-called encounter" by the police "entirely fake, concocted and bogus", an Interim Application has been filed in the plea seeking for investigation into the alleged encounter of Vikas Dubey's five co-accused, in a bid to place on record vital and relevant information/facts that have been made available to the Petitioner. The petitioner now seeks...

Encounter Not A Procedure Established By Law; Condoning It A Disservice To Nation & Constitution : Justice Deepak Gupta

"The brazeness with which the law is being flouted does not protend good things for the country coming up," former Supreme Court Judge, Justice Deepak Gupta remarked recently during an interview with The Wire. The remarks were made while referring to the "blatant" violation of procedure in the Vikas Dubey encounter case. Justice Gupta pointed out that after Dubey was arrested...

[Section 498A IPC] SC Quashes Matrimonial Cruelty Charges Against Husband Based On Compromise

The Supreme Court recently quashed charges of Cruelty by a wife against her husband basis an amicable settlement between them.A bench of Chief Justice SA Bobde & Justice R Banumathi held that considering that the complainant wife and accused husband have already compromised the matter, the FIR registered in the Criminal case viz. Sections 498A, 506, 323 & 406 stood quashed. Further...

Supreme Court Weekly Round Up

Week Commencing July 13 to July 19, 2020

Restricted Functioning Of Courts Forcing Advocates To Find Work Outside Legal Profession

In the same way as other industries and professions remain severely affected by prevailing circumstances, consequent to the outbreak of the COVID-19 pandemic, members of the legal fraternity are also facing tumultuous times. Keeping with norms of social distancing, Courts have been functioning online, or virtually, and only cases that are deemed to be urgent are being listed and taken...

HC Cannot Suo Motu Appoint An Arbitrator Ignoring The Procedure Prescribed In The Agreement Between Parties [Read Judgment]

The Supreme court has observed that the High Court cannot appoint an arbitrator ignoring the procedure prescribed in the agreement between parties for such appointment. In this case, the Clause 19 of the Agreement between tate Trading Corporation of India and Jindal Steel & Power Limited (JSPL) sets out the mechanism for resolution of the disputes under the aegis of Indian Council...

Advocate on Record System In Patna HC: A Closer Look

My earlier article titled 'Advocate-on-Record' System In Supreme Court & High Courts' attempted to provide a bird's eye view of the Advocate on Record [AoR] System prevalent in the Supreme Court of India and the Patna High Court as well as 'Roll of Advocates' system followed by the Allahabad High Court. The present article ventures to have a closer look at the Advocate on Record system introduced by the Patna High Court in 2009. The Patna HC is the only High Court in India...

The Bank Nationalization Ordinance : A Remembrance On Its 51st Anniversary

It was 51 years ago, on 19th July ,1969, that the nation heard the news of an unanticipated ordinance that nationalised the entire banking sector of India in a jiffy. India at that time was ruled by Indira Gandhi and she presented the Banking Companies ( Acquisition and Transfer of Undertaking ) Ordinance 1969 to the public through a radio broadcast.The ordinance ensured unmatched dominance...

Doctrine Of Contemporanea Expositio Cannot Be Applied When An Authority's Construction Is Found To Be Erroneous: SC [Read Judgment]

"It cannot be laid down that understanding of a particular administrative or executing authority is always fait accompli and has to be applied even if erroneous."

Justice UU Lalit To Be A Member Of SC Collegium From July 20

With the retirement of Justice R Banumathi on July 19, Justice UU Lalit will become part of the Supreme Court collegium with effect from July 20, as the fifth senior judge.Chief Justice SA Bobde, Justices N V Ramana, Arun Mishra and R F Nariman are the other members of the Collegium .The appointment of judges at the Supreme Court and High Courts, and the transfer of HC judges are done at...

"Fighting Like a Gang War By the State Is Not Permissible in a Democratic Civil Society": Petitioner In Vikas Dubey Encounter Case Files Rejoinder In SC

In a Rejoinder Affidavit filed in response to the Reply of the State of Uttar Pradesh in the plea seeking for an investigation into the alleged encounter of Vikas Dubey, the Petitioner has submitted that there exists no law which justifies the killing of even a hardened criminal in the custody of a law enforcement agency. Invoking the Nuremberg Trials which had been conducted post...