SC Tells Centre, States To File Affidavits On Steps To Fill Vacancies In Information Commissions

The Supreme Court on Friday directed the Union of India as well as respondent-states to file an affidavit within four weeks enumerating the steps sought to be taken to fill the vacancies in the Central and State Information Commissions along with the time schedule.A bench of Justices AK Sikri and Ashok Bhushan proceeded to add a clear stipulation that no further time in complying with...

Clauses To Prevent Disputes And To Ensure Smooth Implementation Of Agreement Will Not Be An Arbitration Agreement: SC [Read Judgment]

The Supreme Court in Shyam Sunder Agarwal vs. P Narotham Rao has held that clauses inserted in the agreements to prevent disputes from occurring and to ensure smooth implementation of the agreement will not be an arbitration agreement.The agreement in question states about handing over nine cheques favouring one Narotham Rao to two persons Sudhakar Rao and Gone Prakash Rao. These persons...

“When Creativity Dies, Values of Civilization Corrode”, says CJI Dipak Misra at M.C Setalvad Memorial Lecture

The Bar Association of India, on Thursday, hosted the annual M. C. Setalvad Memorial Lecture at the Hotel Hyatt Regency in New Delhi, with Chief Justice Dipak Misra, enlightening the audience on the “Dynamic Ascendance of Constitutional Rights- A Progressive Approach”.Describing Setalvad as a “legend”, Chief Justice Misra remarked how we were “humbled”, not “privileged”, to...

Taj’s Maintenance A Joke. What If UNESCO Withdraws World Heritage Tag? : SC

“We hope it doesn’t happen. But what if UNESCO withdraws Taj’s world heritage tag considering the present situation. It will be such an embarrassment. Who is responsible? Decide amongst youself ”, said the bench. The Supreme Court today slammed up the UP government, ASI and the Centre for pulling in different directions regarding the preservation of Taj Mahal and said the maintenance...

Proprietor Of A Trade Mark Cannot Enjoy Monopoly Over The Entire Class Of Goods: SC [Read Judgment]

The Supreme Court in M/S. Nandhini Deluxe vs. Karnataka Co-Operative Milk Producers Federation Ltd., has held that the proprietor of a trade mark cannot enjoy monopoly over the entire class of goods particularly when he is not using the said trade mark in respect of certain goods falling under the same class.Factual matrixKarnataka Co-Operative Milk Producers Federation Ltd., which has...

Only Central Council For Homeopathy Can Appoint Medical Inspectors To Inspect Homeo Colleges: SC [Read Order]

‘In our considered opinion, it is only the Central Council which is empowered to appoint a team of inspectors under Section 17 and visitors for the examination under Section 18.’The Supreme Court in The Temple Of Hanemann Homoeopathic Medical College And Hospital vs.  Union of India, has held that Central Government has no power to appoint a team of medical inspectors for the purpose...

[Sabarimala] [Day-6] Lord Ayyappa Is A 'Legal Person' And Entitled To Maintain The ‘Perpetual Celibate’ Status Under The Right To Privacy Under Article 21, Argues Adv. Sai Deepak

As the hearing in the Sabarimala Temple entry case entered into its sixth day, Senior Counsel K. Radhakrishnan questioned the integrity of the petitioner in seeking to disturb the age-old custom of menstruating women between the ages of 10 and 50 years abstaining from participating in the pilgrimage.Appearing on behalf of the Pandalam Royal Family, he imputed malafide intention to the...

What Was That ‘Due Consideration’: SC Emphasizes The Need To Pass Reasoned Order In Every Case [Read Judgment]

‘The only expression used by the Division Bench in disposing of the appeal is “on due consideration”. It is not clear to us as to what was that due consideration which persuaded the Division Bench to dispose of the writ petition because we find that in the earlier paras only facts are set out.’The Supreme Court has yet again denounced the practice of passing non-reasoned orders by...

SC Accepts Compensation Scheme For Survivors Of Sexual Assault And Acid Attack [Read Order]

The Supreme Court on Wednesday accepted the Scheme on Victim Compensation for Survivors of Sexual Assault and Acid Attack, 2018.The scheme was submitted to a Bench comprising Justice Madan B. Lokur and Justice Deepak Gupta by the National Legal Services Authority (NALSA) and a Committee comprising officers of the Ministry of Women and Child Development, Government of India, the Department...

All Kinds Of Musical Programmes, Even If Performed For Commercial Purpose, Exempted From Gujarat Entertainment Tax, Holds SC [Read Order]

‘The High Court could not have imposed the requirement of the entertainment to be for educational, cultural or charitable purpose when the form of entertainment in question is included in Schedule III to the Act’Disagreeing with the interpretation of Section 3A of the Gujarat Entertainments Tax Act by the Gujarat High Court, the Supreme Court in Gypsy Pegasus Ltd. Vs. State of Gujarat...

Condition Of Courts In India Is Not All Rosy And Pink: CJI Dipak Misra While Inaugurating Delhi HC's New Courts Block

After a wait of several months and much speculation on the cause of delay, Chief Justice of India Dipak Misra finally inaugurated the New Courts Block of the Delhi High Court.In his address, the CJI reminisced about his own tenure at the Delhi High Court and lauded it for the progress it has made so far, saying, "Whenever I visit the Delhi High Court, I feel a sense of nostalgia, as I have...

[Sabarimala] [ Day 5] "Court Cannot Reform A Religious Belief Out of Its Identity", K.Parasaran Argues in Support of Ban On Women Entry

Day 5 of the hearing in the Sabarimala Temple entry case witnessed gripping arguments on interpretation of constitutional provisions by veteran Senior Advocate K. Parasaran.  Parasaran was appearing on behalf of Nair Service Society, which has intervened to oppose the petition.At the outset, Parasaran dismissed the argument that ban on women entry was misogynistic. He submitted that women...