Supreme Court Weekly Round-Up

Govt Must Compensate Promptly For Land ExpropriationThe Supreme Court in Delhi Development Authority vs. Sukhbir Singh & Ors., observed that persons whose property is expropriated by the state need to be paid immediately so as to enable them to rehabilitate.Magistrate Can Allow Complainant to Conduct Prosecution IndependentlyExamining the difference between Section 301 and Section 302 of...

Real Challenge Is To Address Chronic Cases That Fester In Courts: CJI Thakur

Chief Justice (CJI) T.S. Thakur on Saturday said the real challenge before the judiciary is to address “chronic cases which remain festering in the courts”. He opined that disposal of smaller cases was like “cleaning the house of garbage littered around”.“There is an ever-increasing number of cases in courts. But then, the fact that you are conscious of it and you are sensitive...

Shun The Caste System: Himachal Pradesh HC [Read Judgment]

There is no scientific, intellectual, social and logical basis for caste system. The caste system is profoundly illogical and is also against the basic tenets of the Constitution, said the Bench.In a landmark Judgment, the High Court of Himachal Pradesh has held that mentioning of caste/status separately in the criminal proceedings is a colonial legacy and requires to be stopped forthwith....

Need For A Judicial Service Commission: Prashant Bhushan

At a national symposium on 'Law and Citizens', organised by Swaraj Abhiyan in New Delhi, today, advocate and social activist, Prashant Bhushan called for two full-time bodies, on the lines of the Public Service Commission, for the purpose of recruiting Judges to the Lower and Higher Judiciary. These two full-time bodies could be called Judicial Service Commissions (JSC), and entrusted with...

President Approves Five HC Chief Justices’ Appointment [Read Notifications]

They have been appointed to Kerala, Calcutta, Sikkim, Tripura and Manipur High Courts.The President on Friday approved the appointment of five new Chief Justices across various high courts in the country. They have been appointed to Kerala, Calcutta, Sikkim, Tripura and Manipur high courts.The move comes a day after Attorney General Mukul Rohtagi apprised the Supreme Court of the delay...

Not Proving Motive Raises Suspicion In Prosecution Case: SC [Read Judgment]

Though motive is not sine qua non for the conviction of the appellant-accused, the effect of not proving motive raises a suspicion in the mind, the court said.The Supreme Court in Pankaj vs. State of Rajasthan, has observed that though motive is not sine qua non for the conviction of the accused, the effect of not proving motive raises a suspicion in the mind.The main contention of the...

SC Seeks Status Of Making Environment Science As Compulsory Subject For Study

What are the steps you have taken to enforce our 1991 directions to make 'Environment Science' a compulsory subject in college and school curricula. You (University Grants Commission and Human Resources Development Ministry) take instruction on it, SC told the Centre today.“We will hear it again on September 23”, a bench comprising Chief Justice T S Thakur and Justice A M Khanwilkar...

SC Commutes Death Penalty In 7-yr-Old Girl’s Rape & Murder Case [Read Judgment]

He shall not be released from prison till he completes actual period of 25 years of imprisonment, the court held.The Supreme Court on Friday commuted the death sentence awarded by a trial court and confirmed by the High Court of Madhya Pradesh for a man accused of raping and murdering a 7-year-old girl, to life imprisonment with the further direction that he shall not be released from prison...

NCTE Has Final Say In Granting Recognition To Institutions: SC [Read Judgment]

Reiterating the state’s role in the process, the apex court said NCTE must take into consideration the recommendations of the state/union territory governments despite having the final say. The Supreme Court in the judgment of State of Rajasthan v. LBS B.Ed College and Ors., delivered by Justice Dipak Misra, has dealt with the role of the state government while granting recognition to...

Publishers Lose Copyright Suit In DU Copy Right Case [Read Judgment]

“Copyright, specially in literary works, is thus not an inevitable, divine, or natural right that confers on authors the absolute ownership of their creations”, said the CourtThe High Court of Delhi on Friday dismissed suits by a group of international publishers against sale of photocopies of text books and course material by a shop in Delhi University.The 94-page landmark IP ruling...

Bhushan Moves SC For Cancellation Of Shahabuddin’s Bail [Read Petition]

Within hours of Bhushan knocking the doors of SC on the issue and the petition getting listed for September 19 for hearing, the state’s Nitish Kumar-led JD(U)-RJD government which is facing political heat over the issue also moved SC seeking cancellation of Shahabuddin’s bail.Noted lawyer and activist Prashant Bhushan today filed an appeal in the Supreme Court against the bail granted...

SC Verdict In Soumya Case Is Wrong, Must Be Reviewed: Justice Katju

On his blog, the retired Supreme Court Justice has cited Section 300 and an illustration to support his argument that Govindachamy is guilty of Soumya’s murder too.Former Supreme Court judge Justice Markandey Katju has said the Supreme Court must review its Thursday judgment in Soumya case, in which the apex court found accused Govindachamy not guilty of murder but only guilty of...