SC Clarifies Its Order On Appointments In Tribunals, Bars Litigation On Selection Process [Read Order]

The Supreme Court has clarified its order that accepted suggestions made by the Central Administrative Tribunal Bar Association with regard to appointments of chairpersons and judicial/administrative/technical/expert members for all tribunals.The Bench comprising Chief Justice Dipak Misra and Justices AK Khanwilkar and DY Chandrachud also held that the selection process that has commenced...

Aadhaar Hearing [Day 19] Petitioners Conclude Arguments, AG To Commence Arguments For Centre Tomorrow [Read Written Submissions]

On Day 19 of the Aadhaar final hearing, senior counsel Meenakshi Arora resumed her submissions on behalf of the petitioners on the impact of surveillance, the parameters of strict necessity and purpose limitation, and the test of proportionality.She referred to the judgment of the Court of Justice of the European Union (CJEU) in Tele2, wherein the access to data collected was to be given only...

CBI Has Started Probe Into SSC Paper Leak: Centre Tells SC, SC Disposes The Petition

“In view of the submission made by the Learned ASG, no further order is required at this stage. However we grant the liberty to the petitioner to approach this court again if he is not satisfied with the probe”, the SC bench said.The Centre today submitted before the Supreme Court that the CBI has registered a preliminary inquiry into the Staff Selection Commission (SSC) paper leak and...

“Ban On Liqour Shops, Pubs In Residential Areas, Better Traffic, Parking Management”.Filing Affidavit, DDA Urges SC To Lift Stay On Master Plan Amendment [Read DDA Affidavit]

DDA’s affidavit gives point by point reply to nine questions put by a bench headed by Justice Madan B Lokur if various assessments like environment impact, traffic, congestion and other safety aspects were made before going ahead with the amendment.Filing an affidavit in the sealing case, the Delhi Development Authority has urged the Supreme Court to lift the stay imposed on the amendments...

Secured Creditor Should Mandatorily Consider Debtor's Representation Under S.13 (3A) Of SARFAESI Act: SC [Read Judgment]

The Supreme Court held that Section 13(3A) of the SARFAESI Act is mandatory The Supreme Court, on Monday, held that while recovering secured property from Non-Performing Assets (NPAs), a secured creditor should mandatorily consider the debtor's representation under Section 13 (3A), after the initiation of proceedings under Section 13 of the Securitization and Reconstruction of Financial...

Breaking: SC Issues Directions To Prevent Misuse Of SC/ST Act, Govt.Servants Can't Be Arrested Without Prior Sanction [Read Judgment]

Supreme Court of India on Tuesday issued directions to prevent the misuse of provisions of Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act 1989 (SC/ST Act).A Two Judge Bench of Justices AK Goel and UU Lalit was examining the question whether there can be procedural safeguards so that provisions of Scheduled Castes and the Scheduled Tribes (Prevention of...

Rohingyas: ASG Questions The Interest Of PIL Petitioners, We Are Acting In The Interest Of Humanity: Bhushan

ASG Tushar Mehta; I do not know in whose interest public interest petitioners are acting,Prashant Bhushan: The petitioners were acting in the interests of humanity and humanism.Hearing in the string of writ petitions pressing for a ‘no pushback’ policy in respect of the Rohingya Muslims on Monday saw Prashant Bhushan, counsel for the petitioners, pray for an interim order to improve...

Second FIR By Different Person Based On Different Allegations Not Prohibited: SC [Read Judgment]

The Supreme Court, in P Sreekumar v State of Kerala, has held that there is no prohibition in law to file a second FIR in relation to the same incident, if it was not filed by the same person, who had filed the first FIR, as a counter-complaint, based on the allegations different from the allegations made in the first FIR.The bench comprising Justice RK Agrawal and Justice AM Sapre set aside...

Judicial Officers In Most States To Get Arrears Of 2-5 Lakhs With SNJPC Suggesting 30% Increase In Basic Pay From January, 2016 [Read Report]

The Second National Judicial Pay Commission (SNJPC) for the subordinate judiciary in the country has submitted its interim report to the Supreme Court, suggesting that an interim relief of a 30% increase in basic pay along with accrued increments be paid to Judicial Officers of all categories.With this recommendation, Judicial Officers in most States would be entitled to arrears of Rs. 2...

“We Have ‘Comity Of Courts’”, Says SC; Dismisses Father’s Plea For Habeas Corpus Where Custody Is Assigned By Australian Court [Read Order]

In an interesting instance of a habeas corpus writ petition instituted by the father of a 13-year-old girl, the Supreme Court bench of Chief Justice Dipak Misra, Justice DY Chandrachud and Justice AM Khanwilkar on Monday reasserted the principle of ‘Comity of Courts’.The facts of the case were that the biological mother of the girl had passed away soon after her birth in 2005, since when...

Bar Democrazy - Photo Feature On Delhi Bar Council Elections

The former Acting Chief Justice of the High Court of Karnataka, Dr Justice GC Bharuka passed away in New Delhi in the early hours of Thursday and the cremation was happening on 16th morning (Friday) at Lodhi Road crematorium, New Delhi. A lawyer contesting in the Delhi Bar Council elections was found at the crematorium, shamelessly asking for votes. Shame on us!!!Right persons manning...

SC Quashes Magistrate Order That Refused To Dispense With Personal Appearance Of Accused Who Live 1750 Km Away From Trial Court [Read Judgment]

The Supreme Court recently quashed a magistrate’s order refusing to dispense with the personal appearance of the accused who live thousands of miles away from the trial court, in a Section 498A case filed by a lady.The husband, in-laws and other relatives were arrayed as accused by a lady before a magistrate court in Patna. Finding a prima facie case under Section 498A and Section 4 of...