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...

Handing over child custody to an institution, ignoring parent’s claim not acceptable: SC [Read Order]

The Supreme Court, in BEATA AGNIESZKA SOBIERAJ VS. STATE OF HIMACHAL PRADESH has depreciated the practice of handing over the custody of the child to an institution, while ignoring the claim of a parent, especially the mother of the child, as not acceptable.In the instant case, the father of the child has no objection to the handing over of parental custody to the mother. But the High...

60,000 children going missing in India every year a big concern: CJI Thakur

Chief Justice of India T S Thakur today assured Nobel Peace Laureate and Bachpan Bachao Andolan founder Kailash Satyarthi that despite the shortage of judges and other challenges faced, judiciary will continue to be committed, concerned and conscious towards children’s cause.“We should deliberate whether the problem in tackling the issue of missing and trafficked children, is a lack...

PIL in SC seeking implementation of Police Reforms [Read Petition]

A Public interest Litigation (PIL) has been filed in Supreme Court seeking the implementation of directions issued by the Supreme Court in Prakash Singh Case related to Police Reforms. The Petition filed by BJP leader and Delhi based lawyer Ashwini Kumar Upadhya also sought the implementation of Model Police Act 2006.According to the Petitioner, the implementation of Model Police Act...

Only talks can solve J & K strife, not court petitions: CJI

The Supreme Court can do precious little to solve the law and order issues in Jammu and Kashmir and its best resolved through political dialogue of the kind happening between the Prime Minister and the Opposition parties,  Chief Justice T S Thakur-led bench told J & K Panthers Party chief and lawyer Bhim Singh today.“Since the issue has certain dimensions, we cannot solve it...

SC puts on hold Gujarat’s 10% quota for EWS

The Supreme Court today agreed to hear next Monday the petition filed by Gujarat Government challenging the state High Court order that quashed its ordinance providing 10% quota for the economically backward among the unreserved category, including the agitating Patel community.A bench headed by Chief Justice T S Thakur however said no admission for general category students under the 10 %...

Supreme Court Weekly Round-Up

No prohibition in giving weightage to service rendered by daily wages employeesThe Supreme Court of India  clarified that, its Judgment in Secretary, State of Karnataka vs. Uma Devi  has not prohibited the State from giving weightage for the service rendered by employees where services were used by the State either temporarily or on adhoc bases, including daily wage basis, irrespective of...

Allahabad HC dismisses PIL seeking introduction of mandatory religious education in school [Read Order]

Our attempt should be to suggest and persuade, not command or impose, observed Justice Dr. Vijay Laxmi.The Allahabad High Court has held that Courts cannot impose upon the State a particular policy for imparting any form of religious instruction or education about religion and it is for the Parliament or the concerned legislative assembly that has the competence to do so.Hindu Front for...

Narmada Bachao Andolan’s contempt petition in the Omkareshwar Dam submergence case fails to convince the SC [Read Order]

The Supreme Court bench comprising Justices Ranjan Gogoi, Prafulla C Pant and A.M.Khanwilkar, held on August 16 that there is no obligation on the State of Madhya Pradesh to raise the height of the road so as to erect a Bandh to keep five villages free from submergence at all times, due to the construction of the Omkareshwar Dam.However, there is the necessity to provide access to the...

SC dismisses NCW’s curative petition against its 2014 JT protecting husbands against Automatic Arrests [Read Order]

The Supreme Court bench comprising the Chief Justice, TS Thakur, and justices Anil R Dave, J.S.Khehar, and Pinaki Chandra Ghose, on August 4, dismissed the curative petition filed by the National Commission for Women (NCW), by circulation, against its 2014 judgment in Arnesh Kumar v State of Bihar.Arnesh Kumar was delivered by a two-Judge bench comprising justices Chandamauli Kr Prasad and...

CJI’s interesting anecdote to explain problem of ‘unemployment among the educated’

“When we advertise for the post of chaprasi (peon) in Supreme Court, even post graduates are applying. The situation in the country is such” “When I was the Chief Justice of Punjab and Haryana High Court I realized there were at least 15 MA qualified persons working as peons there. I was shocked”There is no better way to explain the acute problem of unemployment amongst the country’s...

All you need to know about the new Mental Healthcare Bill, 2016 [Read the Bill]

The Mental Healthcare Bill, 2016 was passed by Rajya Sabha last week, and is expected to be discussed in Lok Sabha during next session. The Bill repeals the existing Mental Health Act, 1987, which is vastly different in letter and spirit. The Act of 1987 had been widely criticised for proving to be inadequate to protect the rights of mentally ill persons. Here are certain things you need to...