State Govt Can’t Withdraw Essentiality Certificate Granted To Medical College For Its Deficient Functioning: SC [Read Judgment]

The State Government would be entitled to withdraw such certificate where it is obtained by playing fraud on it or any circumstances where the very substratum on which the Essentiality Certificate was granted disappears or any other reason of like nature, the bench clarified.The Supreme Court in Chintpurni Medical College and Hospital v State of Punjab has held that the state government has...

Relationship Between The State And The Assistant Government Pleader Is That Of A Lawyer And Client And Not Of Master And Servant: SC [Read Judgment]

‘Even if some remuneration is attached to the office, he cannot be treated to be under the service of the State Government. The aspects which are essential for establishing a relationship of master and servant are absent.’The Supreme Court in State Election Commissioner, Bihar Patna vs. Janakdhari Prasad, has upheld a Patna High Court judgment that had held that the engagement of an...

Going Against Central Govt Led By His Party, BJP Leader Wants SC To Ban Convicted From Heading Political Parties [Read the Rejoinder]

“This Hon’ble Court has emphasized and reiterated the need for ensuring and maintaining purity of highest legislative bodies. It is submitted that since the political parties choose candidates for these bodies, it is necessary that the persons controlling the party are themselves men/women of great character and integrity”, BJP leader and petitioner Ashwini Upadhyay to SC in...

Appointment Of Director General of Police (DGPs): Supreme Court’s Directions [Read Order]

(a) All the States shall send their proposals in anticipation of the vacancies to the Union Public Service Commission, well in time at least three months prior to the date of retirement of the incumbent on the post of Director General of Police;(b) The Union Public Service Commission shall prepare the panel as per the directions of this Court in the judgment in Prakash Singh’s case and...

SC Constitution Bench Judgment In Kejriwal Govt Vs Lt Governor Power Tussle Tomorrow

Seven months after reserving judgment, a five-judge constitution bench of the Supreme Court headed by Chief Justice Dipak Misra will at 10:30 AM tomorrow deliver the much-awaited verdict on who between them wields the superior power of administration and governance over the National Capital- Kejriwal-led government or the Centre through Lt Governor.The  Judgment was reserved on December...

“Purely Based On Newspapers, Reckless Personal Allegations”, SC Dismisses PIL For SIT Probe Into PNB Scam

“What kind of PILs are you filing. You read some newspaper report and straight away come to court.. and such reckless personal allegations against some one. These PILs are not PILs at all” : SC bench to petitioner advocate M L Sharma.The Supreme Court today dismissed a plea filed by advocate Manohar Lal Sharma seeking a court-monitored SIT probe into the multi-crore PNB scam after...

Mob Lynching And Vigilantism- 'These Kind Of Instances Cannot Occur', Says SC, Reserves Judgment [Read Order]

“We intend to pass the judgment on the petitions, keeping the contempt alive...these kind of instances cannot occur...it is the obligation of the states to prevent the same...hence, an elaborate judgment is needed”, said CJI.The Supreme Court on Tuesday reserved its judgment on a string of writ petitions filed in the light of the rising issues relating to cow vigilantism.“The concept...

States Can't Appoint 'Acting Director General Of Police' (DGP): SC [Read Order]

The Supreme Court on Monday restrained all states from appointing the Director General of Police (DGP) in an acting capacity, observing that such a concept is not perceptible on any analysis of its 2006 judgment in Prakash Singh’s case.The bench headed by Chief Justice Dipak Misra required that endeavour be made by all concerned to ensure that the person so selected and appointed shall...

In-House Inquiry Against Orissa HC Judges: Madras HC CJ Indira Banerjee To Head Probe After Justice S.J. Vazifdar’s Retirement

The Supreme Court has reconstituted the three-member in-house committee constituted to probe into the allegations of abuse of power levelled against two sitting Judges of Odisha High Court— Justices Indrajit Mohanty and Sangam Kumar Sahoo.The Committee had earlier comprised of Chief Justice of Punjab and Haryana High Court, Justice S.F. Vazifdar; Chief Justice of Tripura High Court, Justice...

Advocates Shall Not Be Appointed As Judges In The Parent High Court: Plea In SC [Read Petition]

One of the common prayers in the two Writ Petitions filed recently before the Supreme Court of India is to declare that the Advocates shall not be appointed as the Judge in the same High Court where they have practiced  or where their blood relatives are practicing. The petitions have been filed by one Anil Kabotra, a retired army official and a registered trust, namely Bhartiya...

Identification Of Prisoners Act: Magistrate’s Order Not Necessary For Police Officer To Obtain Accused’s Fingerprint Specimen: SC [Read Judgment]

In Sonvir @ Somvir v The State Of NCT Of Delhi, the Supreme Court has held that a police officer need not obtain an order from a Magistrate for obtaining a specimen of fingerprints of the accused under Identification of Prisoners Act.  It was also held that non-framing of any rules under Section 8 the Identification of Prisoners Act by the state government does not prohibit the exercise of...

Can ‘Consensual’ Relationship Be Treated As ‘De Facto Marriage’ In View Of Long Cohabitation Between Rape Accused And Victim? SC to Examine [Read Order]

‘This interpretation may have to be considered so that a girl is not subjected to any exploitation and is not rendered remediless even if a criminal offence is not made out.’The Supreme Court is set to consider an important issue arising in some rape cases like whether, on account of long cohabitation, even if the sexual relationship is held to be consensual and the accused is not held...