Supreme Court Weekly Round-Up

Writ Petition Under Article 227 Challenging Judicial Orders Are Maintainable, But Not Under Article 226 [State of Jharkhand v. Surendra Kumar Srivastava]The Supreme Court reiterated that a writ petition under Article 226 of the Constitution of India seeking writ of certiorari against judicial orders passed by civil courts is not maintainable. The bench comprising Justice Ashok Bhushan and...

Can 498A Cases Be Filed In A Place Other Than Where The Cruelty Occurred ? SC To Decide

"The question precisely is whether a case of cruelty on account of dowry harassment punishable under Section 498A of the IPC can be registered, investigated and punished in a jurisdiction different from the one from which the aggrieved spouse has been forced out on account of such harassment".

CLAT 2019: Online Applications To Begin From January 10

Online applications for Common Law Admission Test (CLAT), 2019 will begin on January 10, according to a notification published today by the CLAT Consortium. Applications will close on March 31, 2019. In view of the multiple technical glitches that plagued CLAT 2018, it had been decided by the Consortium that CLAT 2019 will be conducted offline. The date for the exam has since then been...

No Clarity On Pay & Tenure Of Information Commissioners, As Centre's Notification Is Silent

The DoPT notification seems to be in tune with the proposed RTI amendment to take away the statutory protection to the salary and tenure of Information Commissioners.

Movie "The Accidental Prime Minister" Politically Motivated & Defames Former PM: Plea In Delhi HC

A petition has been filed before the Delhi High Court, demanding a direction to Youtube and Google to take down the trailer of the upcoming movie, "The Accidental Prime Minister", alleging that the trailer is "affecting, harming the image of the Constitutional post of Hon'ble Prime Minister of India and giving a bad name at the national as well as at the international level".The petition,...

No Plans To Increase Retirement Age Of SC, HC Judges As Of Now: Union Law Ministry

There are no plans as of now to increase the age of retirement of judges of the Supreme Court from 65 years to 67 years and that of high courts from 62 years to 65 years.The confirmation was issued by The Hindu, quoting the Union Law Ministry, amidst the recommendation of the Parliamentary Standing Committee on Personnel, Public Grievances, Law and Justice to raise the retirement age of...

Sec. 452 CrPC Doesn't Mandate That Custody Should Be Handed Over To The Person From Whose Possession It Was Seized, Overriding The Claim Of Genuine Title Asserted By Third Party: SC [Read Judgment]

The Supreme Court, in a judgment delivered last month, has held that where a claim is made before the court that the property does not belong to the person from whom it was seized, Section 452 of the CrPC does not mandate that its custody should be handed over to the person from whose possession it was seized, overriding the claim of genuine title which is asserted on behalf of a third...

CJI Irked Over Lawyers Seeking Urgent Listing Of Ordinary Cases

The Supreme Court Friday expressed displeasure over lawyers not following proper procedure for mentioning the matters and often dubbing ordinary cases as urgent requiring early listing leading to the wastage of time.The apex court said it was the need of the hour to tell the Bar that system of mentioning the matter was not working well as requests were being made for urgent listing of every...

Offence Under Sec. 307 IPC Can't Be Quashed On The Basis Of Settlement Between Parties: SC [Read Judgment]

“We are of the opinion that the High Court has committed a grave error in quashing the criminal proceedings for the offences under Sections 307, 294 read with Section 34 of the IPC solely on the ground that the original Complainant and the accused have settled the dispute. “

Contempt Jurisdiction Can't Be Invoked On The Basis Of Impressions Drawn By Litigants About Court Order: SC [Read Judgment]

“Since the Order of this Court is not of reinstatement, the petitioners under the garb of the contempt petition cannot seek reinstatement, when nothing was granted by this Court.”

Lokpal Search Committee: SC directs Centre To File Affidavit On Steps Taken Since Sept 2018

The Supreme Court today directed the Centre to place on affidavit steps taken since September last year to set up a search committee for the Lokpal. The apex court asked Attorney General K K Venugopal to file the affidavit on the matter by January 17. "You have to ensure on affidavit the steps taken on the issue of setting up of a search committee for the Lokpal," a bench comprising...

Mentally Disabled Person Is Still A Human Being, His Dignity Can't Be Violated: SC [Read Order]

“This is not only inhuman and violative of rights of such persons under Article 21 of the Constitution of India, as even a person suffering from mental disability is still a human being and his dignity cannot be violated.”