Unsuccessful divorce proceedings cannot adversely affect the maintainability of application filed under the Domestic Violence Act: SC

The Supreme Court in Prakash Nagardas Dubal Shaha vs. Sou Meena Prakash Dubal Shahhas has held that unsuccessful divorce proceedings cannot adversely affect the maintainability of application filed under the Domestic Violence Act.Division Bench comprising of Justices Dipak Misra and Shiva Kirti Singh made this observation in an appeal filed by the Husband against the order of High Court which...

SC collegium to decide on revised MoP next week: CJI

Chief Justice T S Thakur today said the Supreme Court collegium will respond next week to government on the revised memorandum of procedure for appointment of judges to the apex court and the high courtsThakur said the document, prepared by the government to enhance transparency will be sent back to the Centre next week with the comments of the SC collegium.He said External Affairs...

Supreme Court Weekly Round-Up

Pre Deposits refundableThe Supreme Court in Axis bank vs. SBS Organics PrivateLimited held that the partial deposit before the Debt Recovery Appellate Tribunal (DRAT) as a pre-condition for considering the appeal on merits in terms of Section 18 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act), is neither a secured...

CJI Thakur breaks down at CMs and CJs Conference; PM proposes a Closed Door Session [Update-3]

“Judges’ strength has been put in cold storage for past three decades. You cannot blame the judiciary alone for the high number of pending cases. In some petitions, we have to dispose ourselves in extremely stressful conditions. I request your Government to address the issue”, said an emotional Chief Justice of India today at CJ-CM Conference in presence of PM Narendra Modi.Blaming...

Seven interesting things about Keshvananda Bharati case – The legend lives on!

43 years ago on this very date, 13 eminent judges of the Supreme Court assembled to pronounce the judgment on retirement day for Chief Justice Sikri in Keshvananda Bharati after having heard legal luminaries like Palkhivala, Daphtary, Chagla, Seervai, & Niren De among others for 68 days (or 66 days as few contend). All 13 judges pronounced their separate judgments. By a majority of 7:6, or...

Protests greet Chhattisgarh government’s dismissal of Sukma’s Chief Judicial Magistrate

On 14 April, the Chhattisgarh government dismissed Sukma's Chief Judicial Magistrate Prabhakar Gwal. A 2006 batch judicial officer, Gwal, belongs to the Dalit community and has questioned the manner in which the police have been indiscriminately arresting tribals in the conflict zones of Chhattisgarh.On 8 February, the Sukma Superintendent of Police complained to the District Judiciary...

Breaking; Allahabad HC quashes IIT BHU decision to sack Magsaysay Awardee Prof. Sandeep Pandey alleging Activities against National Interest [Read Order]

Allahabad High Court has quashed the resolution of Banaras Hindu University terminating the contract of Magsaysay award winner Prof. Sandeep Pandey as Visiting Professor alleging activities against National Interest.Allowing the Petition preferred by him, a Division Bench comprising of Justices Mahesh Chandra Tripathi and V.K. Shukla said that the decision by the University to terminate...

Human Rights Commission orders not merely recommendatory; State duty bound to comply it; Allahabad High Court [Read Order]

In a recent decision in State of U.P vs. NHRC, the Allahabad High Court has held that the State is duty bound to comply with the orders of Human Right Commissions, in the absence of it being set aside.This significant observation was made by Division Bench headed by the Chief Justice of Allahabad High Court Dr. Dhananjaya Yeshwant Chandrachud on a petition by the State Government challenging...

Visvesvraya Technological University not entitled to exemption from Income Tax: SC [Read Judgment]

The Supreme Court has held that Visvesvraya Technological University (VTU) , a University in Karnataka which exercises control over all Government and Private Engineering Colleges within the state, is not entitled to the benefit of exemption from Income Tax under Section 10(23C)(iiiab) of the Income Tax Act.Assessing officer had rejected the claim of exemption by the University and the...

Breaking; SC Stays Uttarakhand HC Order quashing President's Rule till April 27 [Read Order]

A Two Judge Bench of Supreme Court has just stayed the Uttarakhand High Court Order quashing President's Rule in the State. The Court has ordered that Centre shall not revoke Presidential proclamation till April 26th.The Petition was heard by the Bench of Justices Dipak Misra and S.K. Singh. It is argued that the High Court has not yet signed the Judgment.The Bench did not go in to the merits...

Imputing Communal Overtones to HC sesquicentennial celebrations and to a Judge ; Allahabad HC issues Contempt Notice to Lawyer [Read Order]

Allahabad HC lambasted a Lawyer who filed PIL complaining against Sufi Songs, Non Veg food in sesquicentennial celebrations.Food preferences of an individual cannot determine the nature of arrangements which are made in public events of this nature.No one can dictate that food of only a particular nature should be served on such an occasion, the Bench said.The Allahabad High Court lambasted...

Centre to SC; Uttarakhand HC exceeded jurisdiction while quashing President's Rule; Hearing at 3.30 PM Today [Read Petition]

The Centre today moved the Supreme Court against the Uttarakhand High Court judgment quashing the declaration of President’s Rule in the state.Attorney General Mukul Rohatgi made an urgent mentioning of the petition before a bench of Justices Dipak Misra and S.K. Singh which sat in court number one in place of the Chief Justice-headed bench.Chief Justice is absent from court as he is...