SC dismisses UP Govt’s appeal against Allahabad HC’s direction to provide reservation for freedom fighters’ dependents in letter and spirit

Supreme Court’s Vacation Bench comprising Justices Abhay Manohar Sapre and Ashok Bhushan today dismissed Uttar Pradesh Government’s SLP against the direction issued by the Allahabad High Court in 2013 to provide job reservation for the dependents of freedom fighters in letter and spirit.Justices B Amit Sthalekar and Vineet Saran, in their 2013 judgment, had directed the Uttar...

There is no legal requirement for insisting upon the father's name of the Applicant for issuing passport; Delhi HC [Read Order]

Mother’s name is sufficient in certain cases like the present one to apply for Passport, especially as a single woman can be a natural guardian and also a parent, held the Court.Delhi High Court has held that for issuing passport, there is no legal requirement for insisting upon the father's name of the Applicant. The Court also took judicial notice of the fact that families of single...

Nine Judges Bench of SC to hear the Validity of States’ law on Goods Entry Tax from 3rd Week of July [Read Order]

The Registry shall club all the connected matters and list them for final hearing before the larger Bench in the week commencing 18th July, 2016, directed the Bench. A three Judge Bench of the Supreme Court has Yesterday, made it clear that all the matters relating to the States’ Goods Entry Tax will be heard by a Nine Bench Judge in the week commencing 18th July, 2016. Many...

Courts not powerless to allow amendment to a Complaint under Domestic Violence Act: SC [Read Judgment]

The Apex Court in KUNAPAREDDY @ NOOKALA SHANKA BALAJI VS. KUNAPAREDDY SWARNA KUMARI has held that a complaint or petition under Domestic Violence Act can be amended and court is not powerless to allow such amendment applications.The Bench comprising of Justices A.K Sikri and R.K. Agrawal dismissed an appeal against High Court Judgment which had upheld the Trial Court order allowing amendment...

SC stays transfer of police officials by Punjab and Haryana HC in a habeas corpus case

The vacation bench of the Supreme Court comprising justices Abhay Mohan Sapre and Ashok Bhushan, today stayed the transfer of police officers/District Magistrate in Kurukshetra, Haryana by the Punjab and Haryana High Court, in a habeas corpus case, accepting the plea of Haryana's counsel, Additional Solicitor General, Tushar Mehta.On 9 May, Justice Fateh Deep Singh of Punjab and Haryana...

Taking Cognizance without sanction after asking CBI to file sanction Order does not amount to Review; SC

The Supreme Court has observed that, an order of a Court refusing to summon the accused for want of sanction, and thereby directing the prosecution to file sanction orders, does not amount to ‘final order’, but only a ‘deferment’. The Apex court bench comprising of Justices A.K. Sikri and R.K. Agrawal has also observed that, in such a case, if the court, takes cognizance at a later...

No ‘distinguished jurist’ in sight?

'In 67 years of Independence, the Presidents of India have been looking with a telescope and have not found any jurist worth appointing as a Supreme Court Judge! So obviously jurists don’t exist in India. Hence, I think this is a dead issue', said Prof.Upendra Baxi in an interview to Livelaw.Justice Ajay Manik Rao Khanwilkar, Justice Dhananjaya Y. Chandrachud, Justice Ashok Bhushan, and...

Water supply be completely stopped to drought-hit Maharashtra’s liquor Companies? SC to decide

Should there be a complete ban on water supply to liquor distilleries and breweries in drought-hit regions of Maharashtra instead of the April 26 High Court order to just curtail it by 60 percent ? The Supreme Court today agreed to take a decision on it.The Aurangabad bench of Bombay high court had asked state government to curtail water supply to the liquor industry by 60 per cent from May...

Judiciary must draw its own "Lakshmanrekha" and not take decisions, which fall in the domain of the executive; Arun Jaitley

Finance Minister and Senior Supreme Court Lawyer Arun Jaitley has stated Today that the judiciary must draw its own "Lakshmanrekha" and not take decisions, which fall in the domain of the executive, reports PTI ."Judicial review is legitimate domain of judiciary but then the Lakshmanrekha has to be drawn by all the institutions themselves. Lakshmanrekha is very vital. The executive decisions...

SC directs Bar Councils to conclude all ‘verification’ proceedings before 30 June; Delhi Bar Council extends last date to June 6

The Supreme Court has directed all the State Bar Councils to take necessary steps and to conclude all ‘verification ‘proceedings by 30.06.2016 and send a reply to the Bar Council of India.Through an interim order issued on 10th may, the Court said “It appears that the Bar Council of India has taken steps to cause an enquiry and to find out fake lawyers out of its members and/or persons...

30 years, 75 Judges to decide an appeal against Decree in Partition suit: Delhi HC calls it unfortunate [Read Order]

"It is really very unfortunate that this appeal has remained pending on the Board of this Court for almost 30 years and has to pass through hands of as many as 75 Hon’ble Judges or so but still the solution to the problem of dividing the property could not be found out to the satisfaction of all the parties", said the Delhi High Court while disposing of an appeal filed in the year 1985,...

Mere choosing of the juridical seat of Arbitration attracts the law applicable to such location: Supreme Court [Read Judgment]

Where the parties choose a juridical seat of Arbitration outside India and provide that  the law which governs Arbitration will be a law other than Indian law, Part I of the Act would not have any application and, therefore, the award debtor would not be entitled to challenge the award by raising objections under Section 34 before a Court in India, the Bench said.The Supreme Court in EITZEN...