Breaking; Reinstate Senkumar As DGP : SC To Kerala Govt [Read Judgment]

"We are also a little disturbed with the view expressed in the detailed counter affidavit and elsewhere that the appointment of the appellant was irregular if not illegal. If that is so and the State Government of Kerala is bent upon making irregular or illegal appointments to sensitive posts, then no one can help God’s own country", said the Bench.In a major verdict, the Supreme Court...

Supreme Court Weekly Round-Up

No Inconsistency In Chargesheeting Accused Not Named In FIRThe Supreme Court, in Fazar Ali vs State of Assam, held that there is no inconsistency in chargesheeting and convicting persons who have not been named along with the other accused in the First Information Report.Speedy recovery proceedings, need of the day.Providing a speedy recovery proceedings is the need of the day, said the...

Decree Can’t Be Reversed On Account Of Misjoinder/Rejoinder: SC [Read Judgment]

The Supreme Court in Manti Devi vs. Kishun Sah, has held that no decree can be reversed or substantially varied in appeal or revision on account of misjoinder or non-joinder of parties.In the instant case, the High Court had found that the plaintiffs had jointly petitioned to be the landlord and it is found that they are not “landlord” for the purposes of the suit in question, then...

Centre Fined Rs 1 Lakh For Ignoring Welfare Of Destitute Widows

The Supreme Court has imposed a fine of Rs one lakh on the Centre for not coming out with the agreed directions to improve the condition of destitute widows and granted it four weeks to do so.“You do not want to do it and when we say anything, you say that court is trying to run the government... You do not care about the widows of India. You file an affidavit and say you are not concerned...

Only Deliberate Or Malicious Acts Of Insult To Religion Can Be Penalised: SC [Read Judgment]

The Supreme Court, in the case of Mahendra Singh Dhoni vs Yerraguntla Shyamsundar, has held that not every act or attempt to insult religion or the religious beliefs of a class of citizens would be penalised under Section 295-A of the Indian Penal Code.Only malicious or deliberate acts, or attempts, undertaken with the intention of outraging the religious beliefs of a class of citizens would...

Clean Padmanabhaswamy Temple Pond In Two Months: SC

The Kerala Water Authority has been given two months time by the Supreme Court to clean up the pond of the historic Sree Padmanabhaswamy temple in Kerala.When the bench of Chief Justice J S Khehar and Justices D Y Chandrachud and S K Kaul queried the authority as to the time required for the exercise, they said two months should be sufficient. The bench then recorded the assurance by Kerala...

Should States Fund Restoration Of Shrines Damaged During Riots like Gujarat 2002? SC Reserves Verdict

Can a court direct the state to compensate or fund the restoration of places of worship damaged due to its alleged failure to maintain law and order? After a year-long hearing, the Supreme Court reserved its verdict on the issue.The Gujarat government has raised this pertinent question. The issue came into focus after the destruction of such structures during the 2002 Gujarat riots.The bench...

No Facts, No Submission, No Reasons In Order: SC Sets Aside Rajasthan HC Judgment [Read Judgment]

The Supreme Court has set aside a Rajasthan High Court judgment which did not set out even the factual controversy nor dealt with the submissions urged by the parties before it and nor examined the issues in the context of relevant provisions of the Act that governed the controversy.A single bench of the high court had dismissed a writ petition like this: ““Heard learned counsel for...

No Action Without Consulting Lawyers: Law Minister On Law Panel’s Report; BCI Stops Strike

Clearing the air in the light of repeated protest by lawyers against the recommendations of Law Commission of India for drastic changes in the Advocates’ Act to penalise lawyers on strike, Union Law Minister Ravi Shankar Prasad has said the Centre has not taken any decision on the issue.Assuring the Bar Council of India (BCI), Adhivakta Parishad and various bodies and co-ordination committee...

Judicial Process Must Not Be Allowed To Be Misused For Personal Gains: SC [Read Order]

SC orders hotel owner to pay over Rs. 2.4 cr to Panaji Corporation as ‘reimbursement’ of profits.It is not possible for us to allow an individual to misuse the judicial process for personal gains, the CJI-headed bench said.Giving a stern message to a hotel owner who misused ‘stay orders’ of the courts to make ‘personal gains’, the Supreme Court has ordered him to deposit an amount...

25% Of Husband's Net Salary Just & Proper To Be Awarded As Maintenance To Wife: SC [Read Judgment]

The Supreme Court, in Kalyan Dey Chowdhury vs Rita Dey Chowdhury, has upheld a Calcutta High Court observation, which by relying on a judgment of the apex court, had held that 25 per cent of the husband's net salary would be just and proper to be awarded as maintenance to the wife.The high court, in the instant case, observing that the net salary of the husband was Rs. 95,000 per month,...

SC To Examine Plea Against Linking Aadhaar To IT Returns

The bench led by Justice A K Sikri has decided to examine on Wednesday the petition challenging  Section 139AA of Income Tax Act whether Aadhaar can be mandatory for filing I-T returns.The bench asked Attorney General for India Mukul Rohatgi to justify making  Aadhaar mandatory for filing I-T returns.Appearing for government, Rohatgi said the government brought the legislative...