The Law Derives Its Life And Temperament From The Diversity Of Interpretation: CJI Ranjan Gogoi

“Both art and the law witness Diversity in interpretation, the difference being that while in the former, there is a stillness, the law is dynamic, ever-evolving and progressively opening newer political arenas for the society”, articulated Chief Justice Ranjan Gogoi on Friday.He was speaking at the launch of the book ‘Architecture of Justice’ at the India International Centre in...

How Union Of India ‘Nullified’ Eviction Decree Upheld By SC By Bringing In Validation Act [Read Judgment]

“The present suit instituted by the Trust under the provisions of the Transfer of Property Act, which culminated with the decree of eviction, affirmed up to this Court vide judgment under review, has been rendered without jurisdiction, by operation of law. This being the position after coming into force of the Validation Act 2014 and in particular, the purport of Section 39 as inserted,...

SC Dismisses Review Petition Against NJAC Judgment [Read Order]

The Supreme Court has dismissed the review petition filed against the judgment dated October 16, 2015, of the Constitution Bench that struck down the National Judicial Appointments Commission (NJAC) Act of 2014 and upheld the collegium system for appointment and elevation of high court and apex court judges.The review filed by National Lawyers’ Campaign for Judicial Transparency and...

No Regularization When Appointments Were Illegal And Void Ab Initio, Reiterates SC [Read Judgment]

The Supreme Court has reiterated that when the appointments were illegal and void ab initio, the question of regularization of their services by invoking the judgment in Umadevi case does not arise.The bench comprising Justice Madan B. Lokur, Justice S. Abdul Nazeer and Justice Deepak Gupta allowed appeal filed by the State of Bihar against the Patna High Court order directing reinstatement...

Speedy Trial Of Under Trial Prisoners Appears To Be Remote: SC [Read Order]

The Supreme Court, on Thursday, imposed costs of Rs. 50,000 on the governments of States which had not been cooperating with the Centre in supplying information on filling up vacancies in their Forensic Science Laboratories.A bench comprising Justice MB Lokur, Justice S Abdul Nazeer and Justice Deepak Gupta noted that it had not received information from some very large States such as...

SC Rejects Plea Of Army Men Challenging FIRs Against Armed Forces Personnel In AFSPA Areas

The Supreme Court on Friday rejected the plea of over 300 Army personnel challenging the lodging of FIRs against soldiers involved in operations in Manipur and Jammu and Kashmir, where AFSPA is in force, though the Centre contended that it will have a "demoralising effect" on soldiers who are fighting terrorism.The apex court brushed aside the fervent request of the Centre which supported...

Rent, Lease Or Construct: SC Orders Delhi Govt To Ensure 167 Functional Additional Courtrooms By June/July 2020

The Supreme Court, on Thursday, asserted that it was the “constitutional duty and responsibility” of the Government of NCT of Delhi to ensure that 167 additional court rooms are available when the newly appointed judges would be ready to start working by June/July, 2020.A bench comprising Chief Justice of India Ranjan Gogoi, Justice Sanjay Kishan Kaul and Justice KM Joseph ordered that...

Motor Accident Claims: No Restriction In Awarding Compensation Exceeding The Amounts Claimed By Claimants, Says SC [Read Judgment]

‘The function of the Tribunal or Court under Section 168 of the Motor Vehicles Act, 1988 is to award “just compensation”. ‘There is no restriction to award compensation exceeding the amount claimed by the claimants, the Supreme Court has held.Father, wife and two children of one Ismail, who died in a motor accident, had claimed a total compensation of Rs. 25,00,000 before the...

Judicial Infrastructure: SC Miffed Over WB Govt’s Lack Of Response, Orders Personal Appearance Of Chief Secretary And Ors

The Supreme Court on Thursday came down heavily on the West Bengal government for evading answers to its questions on the exact time needed for making available the requisite courtrooms and residences for judges to be appointed in lower courts in the state.A bench comprising Chief Justice of India Ranjan Gogoi, Justice Sanjay Kishan Kaul and Justice KM Joseph then directed the Chief...

"Centre Delaying Memorandum Of Procedure For Judicial Appointments", Says Justice Kurian Joseph

Addressing a press conference at his residence, Justice Kurian Joseph criticised the Central Government for delaying the memorandum of procedure for appointment of judges. "I wonder why the Government says that Memorandum of Procedure is not final. SC Collegium is working as per the draft MoP but the Government is acting", said Justice Kurian, who had his last working day at...

Is The Amendment That Gave Equal Right To Daughters In Ancestral Property Retrospective? 3-Judge SC Bench To Consider [Read Order]

A three-judge bench of the Supreme Court is set to consider whether the Hindu Succession (Amendment) Act, 2005, which gave equal right to daughters in ancestral property, has a retrospective effect.The Delhi High Court while disposing an appeal, had granted certificate of fitness to appeal under Articles 133(1) (a) and 134A of the Constitution of India observing there are conflicting decisions...

Good Judges Are Going Away,The Younger Lot Not Willing To Become Judges: CJI Gogoi On Justice Kurian's Retirement

 Chief Justice of India (CJI) Ranjan Gogoi on Thursday expressed "apprehension" over young lawyers' unwillingness to become judges, saying one reason was that the higher judiciary was "losing its aura and majesty".The CJI said that as good judges, like Justice Kurian Joseph who retired on Thursday, are going away, there was need for more replacements for which the Supreme Court collegium...