Bar Council Can’t Decide Property Disputes: Allahabad HC Quashes Proceedings Against Senior Advocate Zafar M. Naiyer [Read Judgment]

The Allahabad High Court has quashed disciplinary proceedings against a senior advocate initiated by the Uttar Pradesh Bar Council on a complaint accusing him of grabbing land.The Bench comprising Justice V.K. Shukla and Justice Mahesh Chandra Tripathi observed that such disputes relating to property should be decided by the competent civil court and not by the Bar Council.A complaint was...

PIL In Supreme Court Seeking Nationwide Liquor Ban [Read Petition]

A Public Interest Litigation has been filed in the Supreme Court seeking prohibition of liquor and other intoxicating drinks and drugs in all the states in spirit of the Article 47 read with the Article 21 of the Constitution. BJP leader and Delhi based lawyer Ashwini Kumar Upadhyay echoed concerns related to alcohol abuse and its ramifications on public health and safety.Update: Supreme...

SC Looks At Permanent Solution For #Cauvery: Asks Centre To Form Cauvery Management Board In 4 Weeks [Read Order]

Despite the Supreme Court’s attempt to bring a permanent solution to the Cauvery water dispute, Karnataka would be unhappy as the court ordered the state to release 6,000 cusecs of the river water to neigbouring state of Tamil Nadu from tomorrow till 27 September.Justices Dipak Misra and Uday Umesh Lalit also asked the Union of India to constitute the Cauvery Management Board within four...

Not Able To Do The Impossible Is Not Contempt Of Court: SC [Read Judgment]

It would not be fair on the part of a court to give a direction to do something which is impossible and if a person has been asked to do something which is impossible and if he fails to do so, he cannot be held guilty of contempt, the Bench said.The Supreme Court on Monday termed a High Court order which convicted a person for civil contempt, as “deplorable”. A three-judge Bench...

SC Dismisses Plea For A New Body For Judges Appointment Saying It Cannot Amend Constitution

The Supreme Court today dismissed a PIL by National Lawyers’ Campaign for Judicial Transparency and Reforms which sought a new mechanism for the appointment of Judges in High Courts and Supreme Court outside the control of the judiciary and the executive saying "we cannot amend the constitution"."We are dismissing it. We see no merit in this petition..Your ideas may be good or bad we are...

Hiring Of Middlemen To Get Farmers’ Land For Cooperative Society Can’t Be Allowed: SC [Read Judgment]

The concept of hiring middlemen to get lands of the poor agricultural workers acquired by the state government in favour of a Cooperative Society is abhorrent and cannot be granted the sanction of law, the Bench observed.The Supreme Court in R. RAJASHEKAR AND ORS. VS. TRINITY HOUSE BUILDING CO-OPERATIVE SOCIETY AND ORS., has observed that the concept of hiring middlemen to get lands of...

SC Questions Eligibility Of AMU VC, An Ex-Army Officer

“Of course the Chancellor must be an academician and he should be a person who has worked for at least 10 years as a professor in a university. If the rule applies to all varsities, why not to AMU”: Chief Justice T S ThakurAfter the row over the minority tag for the renowned Alighar Muslim university, now it is the appointment of a new Vice Chancellor which is under lens.The appointment of...

Dishonour Of Cheque Issued As Security For Repayment Of Loan Covered U/S 138 Of NI Act: SC [Read Judgment]

Crucial question to determine applicability of Section 138 of the Act is whether the cheque represents discharge of existing enforceable debt or liability or whether it represents advance payment without there being subsisting debt or liability, the Bench said. The Supreme Court on Monday held the dishonour of a post-dated cheque given for repayment of loan installment, which is also...

SC Directs Search Engines To ‘Autoblock’ Search On Pre-Natal Sex Determination [Read Order]

The Supreme Court on Monday observed that internet search engines Microsoft, Google and Yahoo! are under obligation to see that the “doctrine of autoblock” is applied within a reasonable period of time to prohibit any attempt to search any keyword pertaining to pre-natal sex determination.A Bench headed by Justice Dipak Misra was acting on a petition filed by Sabu Mathew George, who is...

SC Notice To Shahabuddin On Plea By Bhushan, State Challenging His Bail [Read Order]

The Supreme Court today issued notice to Bihar’s gangster-turned politician Mohammad Shahabuddin on petitions filed by activist lawyer Prashant Bhushan and the Bihar state government challenging the bail given to him by the Patna High Court.A bench of Justice P C Ghosh and Justice Amitava Roy sought Shahabuddin's response within a week and posted the matter for further hearing next...

Previous Sanction For Investigating Public Servants: HC Rectifies, But SC Reiterates ‘Erroneous’ View [Read Judgment]

In a rare event of its kind, Justice Anand Byrareddy of the Karnataka High Court has refused to follow dictum laid down in an apex court judgment, widely opined as per incuriam, wherein his own judgment was upheld by the Supreme Court.Justice Byrareddy, in his judgment dated 21st May, 2013, in M.K. Aiyappa vs State, held that a special judge / magistrate cannot refer a complaint for...

Why PILs On Specific Issues Should Not Take A Decade To Be Disposed?

Mid day meals were being cooked in Lord Krishna Middle School in Kumbakonam on an unfortunate day in 2004. The building, housed more than 900 students in a crowded, thatched-roof building with a single entrance, a narrow stairway, windowless classrooms and only one entrance and exit.Dry coconut leaves used as firewood in a nearby makeshift kitchen with thatched-roof sparked fire and...