Banks Can Sell Tribal Land To Non-Tribal Even If Prohibited By State Law: SC [Read Judgment]

Article 31-B of the Constitution would not confer immunity to a legislation from being overridden by the provisions of a Parliamentary statute, the court saidIn an important pronouncement which would have a serious impact on states with significant tribal population, the Supreme Court has held that banks can sell tribal land to non-tribals, even if prohibited by state law.The Supreme Court in...

Not Yet Received Any Proposal From SC To Fill Its 7 Vacancies: Govt

In reply to a query in the Rajya Sabha, Law Minister Ravi Shankar Prasad has stated that there were seven vacancies in the Supreme Court and the government had not received any proposal from the apex court to fill up these existing vacancies.The minister was answering to the query by Basawaraj Patil, MP, in regard to details of vacancies of Judges and other staff in the Supreme Court, the...

Appointment Of Judges: Balancing Transparency, Accountability And Independence [Full Text Of Justice VR Krishna Iyer Memorial Lecture 2016 By Justice AP Shah]

A very good morning to all of you. I am extremely honoured to be here for the Justice Krishna Iyer memorial lecture of 2016, and I would like to thank Justice Ramakrishnan and Mr Sahasranaman for having invited me on behalf of the memorial trust. Justice Krishna Iyer is so familiar to all of you, that I am quite sure that anything I might have to say about him has been heard by you already. So,...

CJI Raises Delay In Judges Appointments Again; Law Minister Disagrees

In Constitution Day comments, Chief Justice of India T S Thakur today once again expressed his concern over increasing vacancies at various courts, including the vacancy of 500 judges in HCs and urged the Centre to intervene at the earliest in the interest of the judiciary.“What do I tell now on the issue. I have been telling again and again and repeated it various times. 500 Judges posts...

HC Judges’ Appointment: 43 Recommendations Rejected Due To Adverse IB Inputs, Serious Complaints: Government

Out of 77 proposals submitted by the Supreme Court Collegium (SCC), the Government has appointed 34 Judges in various High Courts and sent the names of 43 recommendees to the SCC for reconsideration. The SCC reiterated the names of 37 recommendees; the proposal of three recommendees has been deferred and the proposal of other three recommendees are with SCMinister of State for Law PP...

Demonetisation: 10 Highlights Of The Affidavit Filed In SC By The Centre

Following are the highlights of the affidavit filed in the Supreme Court by the Centre in the demonetisation case. The bench headed by Chief Justice T S Thakur had asked Attorney General Mukul Rohatgi to file the affidavit detailing the reason for the demonetization of Rs 500 and Rs 1000 notes and also list the measures adopted to reduce the suffering of the people. The court took the...

Air Pollution: SC Bans Sale, Stocking Of Crackers & Issuance Of New Licenses In Delhi, NCR [Read Order]

In a significant order which is a direct fall out of the worsening of pollution level in Delhi and National Capital Region (NCR) for nearly two weeks after Diwali when the region was enveloped by thick smog, the Supreme Court today forthwith banned sale, stocking of all kinds of fire crackers and issuance of new license in Delhi and NCR region.A bench of Chief Justice T S Thakur and justices A...

Demonetisation: SC Decides To Examine Constitutional Validity And Not Just Confine To People's Problems

The Supreme Court today deferred the hearing in petitions against demonetisation to December 2 after senior lawyer Kapil Sibal appearing for petitioners insisted that he wanted to challenge the constitutional validity of the measure and not just confine to problems faced by the people.At the outset Sibal said a larger bench should hear the challenge to the constitutional validity of the...

Mere Extra-Marital Relationship By Husband Not ‘Cruelty’ To Attract Section 498A/306 IPC: SC [Read Judgment]

If the husband gets involved in an extra-marital affair that may not in all circumstances invite conviction under Section 306 of the IPC, but definitely that can be a ground for divorce or other reliefs in a matrimonial dispute under other enactments, the bench said.The Supreme Court in K.V. Prakash Babu vs. State of Karnataka, has held that solely because the husband is involved in...

‘Culture Of Compromise’, Makes Witnesses Turn Hostile During Trials: SC [Read Judgment]

A significant reason for witnesses turning hostile may be what is described as 'culture of compromise', the Bench observed.Attributing ‘culture of compromise’ as one of the reasons for witnesses turning hostile during trial, the Supreme Court in Ramesh vs. State of Haryana, has upheld a High Court judgment that reversed an acquittal recorded by the trial court in a murder case.The high...

Buildings Not Disabled-Friendly; SC Pulls Up Centre

“You launched 'Accessible India' campaign in December 2015 to make 50 per cent of the buildings in each of state capitals accessible to disabled persons. But what have you done. We do not see anything.Till now nothing has been done. The ministry concerned has not taken any steps with regard to implementation of the law or the campaign. Is this the way government functions?. Its...

Making Contradictory Statements At Trial Isn’t An Offence By Itself: SC [Read Judgment]

It must be shown that false statement was intentionally given for the purpose of using the same at any stage of the judicial proceedings, the court observed.The Supreme Court in Amarsang Nathaji vs. Hardik Harshadbhai Patel, has said the mere fact that a person made a contradictory statement in a judicial proceeding was not by itself always sufficient to justify prosecution under Sections 199...