Sedition: SC directs authorities to follow Kedar Nath Judgment [Read Order]

Supreme Court of India has today issued a direction to all the concerned authorities to follow the Constitutional bench judgment in Kedar Nath v State of Bihar (1962) which limited the scope of Sedition Law (Section 124A) in India. The Supreme Court has said that all authorities would be bound by the Kedar Nath judgment when dealing with cases of sedition. With the above observation the...

Justice Chelameswar and Transparency in the judiciary: An Open Letter to CJI

Subject : Justice Chelameswar and Transparency in the judiciary.5 September, 2016Justice T.S. Thakur,Chief Justice of India.Dear Sir,I am writing this letter in the spirit of seeking an improvement in the working of the judiciary, and not as an exercise of criticism. India has not been able to deliver the fruits of democracy as per the aspirations of ‘we the people’. I would submit that...

Supreme Court Weekly Round-Up

VRS: It is not open for the Employees to withdraw the Application after the stipulated last dateThe Supreme Court in Madhya Pradesh State Road Transportation Corporation vs. Manoj Kumar & Anr. Held that Voluntary Retirement Schemes (VRS) are contractual in nature and the option to opt for them constituted as an ‘invitation to offer’ and not an ‘offer’ themselves. The Bench of...

Brazilian Lady approaches SC seeking release of her brother [Read Petition]

A Portuguese speaking Brazilian lady has approached the Supreme Court of India by filing a Habeas Corpus Petition to produce and release her brother Dante Farinello Cardoso who is undergoing sentence of imprisonment in connection with a forgery and cheating Case. The Petition is listed for hearing in Court no.4 Item 13, tomorrowMs. Ana Paula Farinello in her Writ Petition stated that...

Rajasthan HC Upholds Death Sentence For Child Rapist [Read Judgment]

The Rajasthan High Court has upheld the death sentence awarded by the Pratapgarh District & Sessions Court to a man convicted of sexual harassment and murder of an 8-year-old girl, terming the crime “rarest of the rare”.The incident occurred on July 5, 2013, when the accused appellant, Prahalad Meena, went to the victim’s house, where she was playing with other children, and...

Accepting His Apology, SC Exonerates Advocate Yatin Oza From Contempt Proceedings [Read Judgment]

Accepting the ‘unconditional apology’ tendered by Gujarat High Court Bar Association President Yatin Narendra Oza, the Supreme Court has exonerated him from contempt proceedings initiated by the Gujarat High Court.The contempt proceedings were initiated against Oza for circulating defamatory material against a sitting Judge of the High Court and for holding meetings of the association...

Be true Guardians of Democratic, Constitutional values: CJI Thakur tells Law students [Read FULL TEXT of NLU-D Convocation Speech]

The Fourth Annual Convocation of National Law University, Delhi was held on the 3rd September 2016. Justice T.S. Thakur, Chief Justice of India was the Chief Guest and delivered the convocation address. In his convocation address, Justice Thakur spoke of access to justice, pointing out that a "speedy trial is a part of the right to life". He spoke of the many factors that are leading to...

Power of JLO is limited in re-appreciating the Evidence recorded by Enquiry Officer in Disciplinary Action: SC [Read Judgment]

The Joint Labour Commissioner, who sits in deciding the Approval Petition submitted by the employer on the action of dismissal from service of the employee, cannot exceed his jurisdiction in re-appreciating the evidence against the employee recorded by the Enquiry Officer, the Supreme Court has said. The Court pronounced the judgement in an appeal preferred by the Management of TNSTC...

Disclose source of money raised: SC to Roy

“You tell us what the source of this money is? You get money to the tune of Rs 24,000 crore from other companies or other schemes? Withdrawn from bank accounts or sold property? It should be any of the three. It cannot fall from the heavens. You have to show us from where. You have to reveal your source”: Chief Justice T S Thakur to Sahara Group.In the strongest ever attack on Sahara...

Personal laws cannot be challenged as being violative of Part III of the Constitution: Muslim Personal Law Board in SC [Read the Counter Affidavit]

Holding that Personal laws of a community cannot be re-written in the name of social reforms, All India Muslim Personal Law Board (AIMPLB) in an affidavit filed in the Supreme Court today came up with the following main grounds to defend the controversial practice of triple talaq (talaq-e-bidat) and nikah halala. A bench headed by Chief Justice T S Thakur is examining the validity of...

Kejriwal vs LG tussle: AAP govt withdraws suit in SC for demarcating powers

Three days after the Supreme Court accused the Delhi’s Kejriwal government of attempting to initiate parallel proceedings on the issue of its ongoing tussle with the Lt Governor over sharing of powers, the AAP government today withdrew the suit on the subject.Informing the bench headed by Justice A K Sikri that it was withdrawing the suit, senior advocate and former ASG Indira Jaising...

SC notice on petitions challenging beef, cow slaughter ban; hearing after 6 weeks

The Supreme Court today issued notice to Maharashtra government and Centre on a petition against the May 6 order of the Bombay High Court which upheld the ban on cow slaughter in the state under the amended Maharashtra Animals Preservation (Amendment) Act, 2015.The SLP was filed by 30 Maharashtra-based social activists through senior lawyer and former Additional Solicitor General Indira...