SC Declines Plea On Gorakhpur Hospital Tragedy

The Supreme Court on Monday declined to take suo motu cognizance of the Gorakhpur hospital tragedy.The court asked the petitioner to approach the Allahabad High Court.The matter was mentioned by advocate Rajashree Reddy, seeking court's intervention into the death of over 50 children in BRD Hospital due to shortage of oxygen."So many children have died in the Gorakhpur hospital. This court...

Exclusive- Prescribing Minimum Marks For Viva Voce In District Judges’ Selection After Exam: Matter Referred To Constitution Bench

A three-judge bench of the Supreme Court has referred the matter challenging the practice of prescribing minimum marks for viva voce in district judges’ selection after the written examination is over, for the consideration of constitution bench.The bench of Justice Dipak Misra, Justice Amitava Roy and Justice AM Khanwilkar was hearing a reference [Samrjeet Singh case] from a two-judge...

Do Not Grant Regular Bail When Interim Anticipatory Bail Is Granted By Higher Courts And Matter Is Pending: SC To Trial Courts [Read Order]

SC also directed that a copy of the order shall be forwarded to the Director of all Judicial Academies in the country, so that the judgment could be brought to the notice of all Judicial Officers exercising criminal jurisdiction in the StatesThe Supreme Court has directed Trial Courts to not grant regular bail to an accused, if he/she has already obtained an interim anticipatory bail by...

SC Hints A Constitution Bench May Hear Petitions Challenging Art 35 A

A two – judge bench of the Supreme Court headed by Justice Dipak Misra today said all petitions challenging the validity of Article 35 A which confers special status to Jammu and Kashmir pending before it should ideally go before a five judge bench.Saying this, the bench tagged a petition filed by a Supreme Court lawyer Charu Wali Khanna with another pending petition in which the...

India’s Reputation As ‘Arbitration-Unfriendly’ Jurisdiction: Panel Blames Interventionist Courts, Lack Of Govt Support [Read Report]

A high-level committee set up by the Centre to review institutionalisation of arbitration mechanism has found that judicial intervention and failure of the government and its agencies to use institutional arbitration has, among others, led to India’s reputation as an “arbitration-unfriendly” jurisdiction.The HLC, in its report, has suggested various reforms for promoting arbitration as...

All India Lawyers Union Petitions SC Against Diluting Finance Act Provisions On Tribunals, Including NGT [Read Petition]

The All India Lawyers Union has Petitioned the Supreme Court, challenging the provisions of the Finance Act, 2017 which confer “unanalyzed and uncontrolled power to the executive” to provide for qualifications and conditions of service of members of various tribunals, especially the National Green Tribunal.It challenges Sections 182 to 185 of the Finance Act, 2017 and the Rules framed...

Exclusive: Law Ministry Seeks Views of HCs On Law Teacher’s Draft Bill on Court Management [Read Draft Bill]

Draft Model Court Management Authority Bill, 2017 prepared by Dr. Kalpeshkumar L. Gupta Assistant Professor- Research, Gujarat National Law University, has been forwarded to the Registrar Generals of all High Courts seeking their views on the same, an Office Memorandum issued by the Ministry of Law and Justice states.“The undersigned is directed to refer Rajya Sabha Secretariat’s OM. No....

Patent Battle Over Breast Cancer Drug: Roche Withdraws Its SLP Against Delhi High Court’s Approval To Biosimilars

Swiss Pharma major, Roche has withdrawn its Special Leave Petition filed in the Supreme Court against the Delhi High Court’s March 3 decision, rejecting its challenge to the grant of approval to drug companies, Biocon and Mylan, to use product data for Trastuzumab, a generic biosimilar for cancer.The Supreme Court bench of Justices R.K.Agrawal and Abhay Manohar Sapre, noted in its order,...

Parliamentary Standing Committee Recommends Wide-Ranging Changes To The Surrogacy (Regulation) Bill, 2016 [Read the Report]

The Surrogacy (Regulation) Bill, 2016, which was referred to the Parliamentary Standing Committee on Health and Family Welfare, suffers from serious infirmities, if the 102nd Report on the Bill, presented to the Rajya Sabha, and laid on the Table of the Lok Sabha on August 10, is any indication.The report begins stating that the potential for exploitation of surrogacy is linked to the lack...

It Is The Duty Of Every Institution To Help Disabled Persons: SC [Read Order]

The Story was already published in LiveLaw on August 12. We regret for the repetition.Read the Story HereSC Directs Chattisgarh Govt To Consider A Candidate Suffering From Thalassemia For A Medical Seat Under Disability QuotaRead the Order...

You Must Follow And Defend The Great Traditions Of Advocacy: CJI Khehar Delivers The Fifth NLU-D Convocation Address [Full Text &Video]

Chief Justice Of India Justice Jagdish Singh Khehar has delivered the convocation address in the fifth Convocation Ceremony at National Law University, Delhi.Ar2OIuQ&feature=youtu.beIn his address, Justice Khehar told the graduating students that a lawyer or a law teacher who does not understand or empathise with his or her society, can never be a good lawyer or a good judge or a good...

SC Directs Delhi Govt. To Register Domestic Workers Under The Unorganised Workers Social Security Act

The Supreme Court bench of Justices Kurian Joseph and R.Banumathi, on August 4, gave the Delhi Government three months to work on a pilot project, to see that the domestic workers in Delhi are registered under the Unorganised Workers Social Security Act, 2008, by eliciting cooperation on all the duty holders.   The Government of NCT of Delhi has been directed to file an affidavit as to...