Though the Indian judiciary has many strengths, it is yet to fully meet the aspirations of our people for speedy and affordable Justice; President Pranab Mukherjee

The President of India, Shri Pranab Mukherjee inaugurated the Sesquicentennial Celebrations of the High Court of Judicature at Allahabad today .Speaking on the occasion, the President said that Allahabad High Court will complete 150 years of its existence on 17, March 2016. The High Court building will also complete 100 years of its existence in November 2016. There is thus a dual purpose...

Supreme Court Weekly Round-Up

No discretion to reduce fine once the offence is established under ESI Act Supreme Court held that the Courts have no discretion to reduce the fine prescribed in Sec 85 (a) (i) (b) of the Employees’ State Insurance Corporation Act, once the offence has been established. Apex Court Bench comprising of Justices Dipak Misra and Shiva Kirti Singh held that discretion as per proviso to Section...

Chief Justice Thakur expresses concern over Conflicting Judgments by Supreme Court Benches

Conflicting judgments by Supreme Court Judges creates a lot of confusion, said the Chief Justice of India T. S. Thakur.This remark was reportedly made while hearing NALCO’s petition challenging the levy of entry tax and penalty imposed on it by the Orissa government.It was observed that Apex court had in certain cases asked the companies to deposit 33% tax and in some others 50% and in...

Dharmapuri bus burning case: SC commutes Death sentence of three to life imprisonment [Updated]

The Supreme Court on Friday commuted to life imprisonment the death sentence of three convicts who were involved in the torching of a bus and burning to death three college students while protesting the arrest of AIADMK General Secretary Jayalalithaa.The three Judge Bench, comprising Justice Ranjan Gogoi, Justice A.K. Mishra and Justice P.C. Pant commuted the death sentence awarded to...

SC dismisses plea to change India’s name to ‘Bharat’ [Read Order]

A Division Bench of the Supreme Court on Friday reportedly dismissed a Public Interest Litigation demanding the change of the country’s name from India to Bharat. CJI Thakur opined that the decision to call the country Bharat or India should be left to the citizens of the country.The Bench, also comprising Justice U.U. Lalit, rapped the petitioner for bringing emotional issues to the Court,...

Subsidies are to be included in “profits and gains of business or profession”: Supreme Court [Read Judgment]

Supreme Court in Commissioner Of Income Tax vs. M/s. Meghalaya Steels, has clarified that subsidies allowed to assessee, has to be included under the head “profits and gains of business or profession”, and not under the head “income from other sources” for the purpose of Income Tax assessment.Dismissing the appeal preferred by the Revenue, the Apex Court Bench comprising of...

State is not bound to make SC/ST reservation in matters of Promotion; SC refuses to direct the Govt. to collect data for enabling reservation [Read Judgment]

It has been postulated that the State is not bound to make reservation for Scheduled Castes and Scheduled Tribes in matter of promotions. Therefore, there is no duty. In such a situation, to issue a mandamus to collect the data would tantamount to asking the authorities whether there is ample data to frame a rule or regulation,  the Bench said.Supreme Court, observing that there is...

Ishrat Jahan case: SC dismisses plea for quashing charges against Gujarat cops after Headley's Deposition

The Supreme Court of India today dismissed a petition which sought quashing of criminal cases against Gujarat policemen in the alleged encounter killing of Ishrat Jahan, who according to the plea was a “terrorist as deposed by David Headley” who plotted to kill the then Gujarat chief minister Narendra Modi.A bench of Justice P C Ghosh and Justice Amitava Roy said "so many issues...

Exclusive: SC expresses distress over the non-constitution of Child Welfare Committee in Haryana to restore two missing girls from Jharkhand with their parents [Read Order]

In an ongoing case, Vishanta & Others v Union of India the Supreme Court bench comprising Justices Madan B Lokur and NV Ramana, on 9 March, expressed its distress that Haryana has not fully constituted the Child Welfare Committee, as directed by it.Apart from UOI, Haryana and Jharkhand are respondents in this case.When promised by the counsel for Haryana that necessary steps for...

Courts have no discretion to reduce fine amount prescribed in ESI Act: Supreme Court [Read Judgment]

Supreme Court in Employees State Insurance Corporation vs. A.K. Abdul Samad & Anr, has held that the Courts have no discretion to reduce the fine prescribed in Sec 85 (a) (i) (b) of the Employees’ State Insurance Corporation Act, once the offence has been established. Apex Court Bench comprising of Justices Dipak Misra and Shiva Kirti Singh held that discretion as per proviso to Section...

Exclusive; SC asks Centre to clarify whether it constituted an Ombudsman to enforce the guidelines for the issue of Govt. Ads [Read Order]

During the hearing of the review petition in the open court on 9 March, the Supreme Court bench comprising Justices Ranjan Gogoi and Pinaki Chandra Ghose, heard the Attorney General, Mukul Rohatgi opposing the judgment laying down the guidelines in the Government advertisements case, and reserved its decision.LiveLaw has learnt, however, that the AG was also sitting over the...

Babri Masjid Demolition case: Justice Gowda recuses himself from hearing appeals challenging dropping of Conspiracy charges against L.K. Advani and others

Justice V. Gopala Gowda on Thursday reportedly recused himself from hearing the appeals concerning the quashing of criminal conspiracy charge against Mr. L.K. Advani, Mr. Murli Manohar Joshi, Ms. Uma Bharti and several other BJP- VHP leaders in the Babri Masjid demolition case. Justice Gowda was heading the Bench, which also comprised of Justice Arun Mishra.The appeals have been filed by...