Plan to cull stray dogs violates SC order: Prashant Bhushan to Kerala CM

“if any such action like culling are taken by your government then we will be forced to take out a contempt petition in the SC with urgent mentioning… I request you to maintain restraint and calm in dealing with the situation”: Bhushan to Kerala Chief Minister Pinarayi Vijayan.Well known activist lawyer Prashant Bhushan has written a letter to Kerala Chief Minister Pinarayi...

Prashant Bhushan writes to Lodha Committee for systematic changes in the structure and functioning of Medical Council

Activist Lawyer Prashant Bhushan has submitted a representation before the Supreme Court appointed Oversight Committee headed by former Chief Justice of India Justice RM Lodha seeking systematic changes in the structure and functioning of the MCI.Bhushan mentions in the representation that he is going to file a Writ in the Supreme Court of India for constitution of an expert committee...

Legality and Validity of substantive contract cannot be enquired under Section 8/Section 45 of Arbitration and Conciliation Act, 1996 [Read Judgment]

The scope of enquiry under the Section 45 is confined only to the question whether the arbitration agreement is “null and void, inoperative or incapable of being performed”, the Court observed.The Apex Court in Sasan Power Limited vs. North American Coal Corporation India Private Limited, has held that the scope of enquiry under the Section 8 and Section 45 of the Arbitration and...

PIL in SC seeking new mechanism for Appointment of Judges [Read Petition]

A Public Interest Litigation has been filed in the Supreme Court by National Lawyers’ Campaign for Judicial Transparency and Reforms seeking a new mechanism for the Appointment of Judges in High Court and Supreme Court.The Petition states that the collegium system of appointment of Judges to the higher judiciary, one which is nothing but rewriting of the Constitution, to keep...

‘Illness of Counsel/Accused in Custody' not valid grounds to recall witnesses under Section 311 CrPC: SC [Read Judgment]

The approach may be liberal but that does not necessarily mean “the liberal approach” shall be the rule and all other parameters shall become exceptions, the Bench said.The Supreme Court in State of Haryana vs. Ram Mehar & Others has held that, recalling of witnesses as envisaged under Section 311 of the Code of Criminal Procedure on the grounds that accused persons are in custody,...

Did not blame RSS as an Institution for Gandhi Assassination: Rahul to SC

Rahul Gandhi’s lawyer Kapil Sibal today told the Supreme Court that the Congress Vice President never blamed RSS as an institution for the assassination of Mahatma Gandhi and he only referred to some individuals in that organization.Rahul is facing a trial for defamation case in this regard filed by an RSS activist Rajesh Kunte in a magistrate court in Maharashtra’s Bhiwandi. The...

If public figure, get used to criticism: SC to Jaya

“If you are a public figure, you have to get used to criticism. Perhaps Tamil Nadu is the only state which misuses state machinery to fight defamation cases”.Tamil Nadu Chief Minister J Jayalalithaa once again faced the ire of Supreme Court for slapping defamation cases against political opponents.“If you are a public figure, you have to get used to criticism. Perhaps Tamil Nadu is...

Do not Publish the names of Lawyers and Judges while reporting Court matters: Madras HC [Read Judgment]

In a recent Judgment the Madurai Bench of Madras High Court has directed the Registrar (Administration) to immediately circulate instructions to all Print, Electronic and Media Houses not to publish the names of the Lawyers appeared in the Case, as part of news item. The Bench also directed the Registrar (Administration) to request the Print, Electronic and Media House, not to publish...

Sales at the hands of the brand name/trade mark holder would be treated as the first sale under KGST Act: SC [Read Judgment]

The Supreme Court in ACC Ltd. vs. State of Kerala has reiterated that, sales at the hands of the brand name holder and trade mark holder would be treated as the first sale for assessing tax under Kerala General Sales Tax Act, 1963.Apex Bench comprising of Justices Dipak Misra and RF Nariman held that the law as stated in Cryptom Confectioneries Pvt. Ltd. vs. State of Kerala is a binding...

Five Important Principles relating to Compulsory Retirement

Recently the High Court of Rajasthan while upholding an order of Compulsory retirement of an Additional District & Sessions Judge (Fast Track) under Rule.53(1) of the Rajasthan Civil Service Pension Rules, 1996, has re-iterated the following principles relating to Compulsory retirement as summarized by the Supreme Court in Baikuntha Nath Das & Anr. Vs. Chief District Medical...

FIR after 5 years of closing Case: SC quashes Dowry Death Case against Air Force Officer [Read Judgment]

Supreme Court of India Today has quashed a First Information Report under Sections 304B (Dowry Death) and 498A (matrimonial Cruelty) against an Air Force Officer and his relatives, registered Five years after closing of the Case as no offence was found to have committed.The Two Judge Bench comprising of Justices Madan B Lokur and R.K.Agrawal held that such extraordinary delay in lodging the...

All Tribunals are not necessary parties to the proceedings where legality of its orders challenged: SC [Read Judgment]

The tribunal not being required in law to defend its own order, the proceedings under Articles 226 and 227 of the Constitution were maintainable without the tribunal being impleaded, the Bench observed.The Supreme Court in M. S. KAZI VS. MUSLIM EDUCATION SOCIETY has held that all Tribunals are not necessary parties in a Special Civil Applications under Articles 226 and 227 of the...