Improved Dialogue Between CJI & Centre May Have Fast Tracked Judicial Appointments, Says Justice Kurian Joseph

Speaking at a public event at New Delhi on December 7 organised by The LeafLet , former Supreme Court judge Justice Kurian Joseph said that improved dialogue between the Chief Justice of India and Centre could have fast tracked judicial appointments.On asked why certain recent recommendations of the Supreme Court collegium (of which Justice Joseph is a member) have been cleared by the...

NRI Voting Rights: Bill To Come Up In Rajya Sabha In Upcoming Section, Centre Tells SC

The Centre on Friday informed the Supreme Court that a bill to amend electoral law to allow NRIs to vote through postal or e-ballots has been passed by Lok Sabha and is likely to come up in Rajya Sabha in the upcoming Winter Session.The government told this to a bench of Justices Madan B Lokur and Deepak Gupta which was hearing a batch of petitions filed by Nagender Chindam, chairman...

Sanitation Facilities In WB Courts Alarming: Amicus Curiae Submits To SC [Read Order]

Sanitation facilities in court complexes in the State of West Bengal are “alarming”, the Supreme Court was informed by amicus curiae Senior Counsel Shyam Divan on Thursday.In view of the submission, the bench comprising Chief Justice Ranjan Gogoi, Justice Sanjay Kishan Kaul and Justice KM Joseph ordered Chief Secretary of the State government to have the matter examined in respect of...

Even Heinous/Brutal Crimes May Not Be Rarest Of Rare: SC [Read Judgment]

 “Time and again, this Court has categorically held that life imprisonment is the rule and death penalty is the exception and even when the crime is heinous or brutal, it may not still fall under the category of rarest of rare.”The Supreme Court, reiterating the principle that life imprisonment is the rule and death penalty is the exception, has observed that even when a crime is heinous...

Was He Insane? SC Calls For Report From State To Know How Death Convict Behaved In Jail Since His Arrest In 2012 Till Date [Read Order]

“Before we proceed further, we would like to find out as to how the petitioner has behaved after his arrest, in jail, during the intervening period i.e. from 2012 till date.”The Supreme Court has called for a report from the state about behavior shown by a death convict since his arrest till date.Santosh Maruti Mane was sentenced to death by the Trial Court for killing nine persons.  As...

Section 114 Evidence Act: Presumption Of Continuity Can Be Drawn Not Only Forward But Backward Also: SC [Read Order]

‘Court can presume that such state of affairs might have existed in past also unless discontinuity is proved.’The Supreme Court has observed that presumption of continuity as envisaged in Section 114 of the Indian Evidence Act can be drawn backward also.Under Section 114 of the Evidence Act, there is a presumption of continuance of a state of affairs once shown to have prevailed. The...

Law Firms Neither Competent Nor Authorised To File Vakalatnama: Bar Council Of Delhi Clarifies

Law firms are neither competent nor authorised to file Vakalatnama before any court, tribunal or authority, in arbitration or any other proceedings, the Bar Council of Delhi (BCD) has clarified.The clarification dated November 11, 2018 has been issued in view of the contemporary practice following by law firms, where they file Vakalatnamas in the firm’s name. Axing the practice,...

“Extremely Unfortunate”: SC Raps Jharkhand Govt For Lack Of Winter Action Plan For Urban Homeless [Read Order]

The Supreme Court, on Wednesday, asserted that it was “extremely unfortunate” that the Jharkhand government has not yet prepared an action plan for its urban homeless.Directing the State to have a plan in place soon, a bench comprising Justice MB Lokur, Justice Deepak Gupta and Justice Hemant Gupta ordered, “It appears that the State of Jharkhand has no plan for the Winter. This...

Notice Under Order 1 Rule 8(2) CPC Mandatory For Filing ‘Class Action’ Consumer Complaints U/s 12(1)(c) of Consumer Protection Act: SC [Read Judgment]

“The expression “with the permission of the District Forum” as appearing in Section 12(1)(c) must be read along with Section 13(6) which provides the context and effect to said expression. In our view Sections 12(1)(c) and 13(6) are not independent but are to be read together and they form part of the same machinery”The Supreme Court on Friday observed that ‘Class Action’...

SC Upholds Allahabad HC Order Setting Aside Premature Release Of Murder Convict By UP Governor Ram Naik [Read Order]

“We are unable to comprehend what prompted the Hon’ble Governor to exercise indulgence in his favour despite him being a hard-core criminal which is reflected from the nature of offence he has committed?” Allahabad HC Had Observed.The Supreme Court on Monday dismissed a Special Leave Petition filed against Allahabad High Court order that set aside Governor Ram Naik’s order...

SC Refuses Stay Of Proceedings Against Vijay Mallya Under Fugitive Economic Offenders Act

The Supreme Court on Friday issued notice to the Enforcement Directorate on a plea filed by Vijay Mallya against its endeavour to have him declared a ‘Fugitive Economic Offender’ and for the confiscation of his property.  Though notice was issued, the apex court did not stay proceedings against Mallya.The bench headed by Chief Justice Ranjan Gogoi was hearing the SLP preferred by...

SC Dismisses Plea Against FM Arun Jaitley On NPAs With 50K Cost, Restrains Petitioner ML Sharma From Filing PILs Till Payment Of Cost

The Supreme Court on Friday dismissed a PIL contending that Finance Minister (FM) Arun Jaitley has “plundered” the RBI in waiving off the loans of certain companies.Further, Chief Justice Ranjan Gogoi came down heavily on Advocate and petitioner-in-person M. L. Sharma for the joinder as a respondent to his plea of the FM in person.“Why are you attacking individuals? What are you trying...