SAARC Chief Justices conference: CJI Thakur praises Nepal’s Constitution; seven point Kathmandu declaration adopted

The 10th Chief Justices’ Conference held in Kathmandu has adopted a seven point Kathmandu declaration, intending to encourage cooperation in the judicial sector amongst SAARC countries.The conference has decided to employ the website of SAARCLAW as a tool to publicize judgments on human rights, public interest litigation, environment and commercial law. The website would also have an...

Challenge against Senior Advocates Designation System in Kerala HC; SC asks Petitioners to move High Court [ Read Petition]

A Division Bench of the Supreme Court on Tuesday refused to entertain a petition challenging the system of designation of lawyers as senior advocates in Kerala High Court. The Bench, comprising Chief Justice T.S. Thakur and Justice U.U. Lalit urged the petitioning Advocates to approach the High Court first, before approaching the Apex Court.The Petition was filed by Kerala High Court...

Women’s Day Special; 10 Recent Judgments that stood by the fight for Women Empowerment

It’s another Women’s Day and India still witnesses heated discussions, debates and various events that would lead to what we profoundly call women’s empowerment. The nation had produced women whom left a mark in various spheres of human life as astronaut, corporate heads, Supreme Court and High Court Judges, Leading Lawyers , athletes, media persons, politicians (including one of the...

17 Banks move SC to stop Mallya from leaving country; Hearing tomorrow

In a setback to industrialist Vijay Mallya, the Supreme Court today agreed to hear tomorrow a plea filed by a consortium of 17 PSU banks seeking a direction that he be restrained from leaving India.When Attorney General Mukul Rohatgi, appearing for PSU banks, mentioned the matter for urgent hearing a bench headed by Chief Justice T S Thakur said “it shall be listed tomorrow. We will hear...

Madras HC permits a student branded by the school as ‘mentally unfit’ to appear in Class X exams [Read Judgment]

Madras High Court has asked a school to allow one of its student, which it branded him as ‘mentally unfit”, to appear in Class X theory and practical examination. Justice Pushpa Sathyanarayana asked the Education department to permit him to sit for practical examinations, without insisting on the formalities.Branding him as ‘Mentally Unfit’, the School had  omitted the name of...

Child Marriages do not become automatically void: Madras HC [Read Judgment]

Madras High Court in M. Janaki Vs. K. Vairamuthu, has clarified that Child marriages do not automatically become void. Division Bench comprising of Justices S. Manikumar and C.T. Selvam made this observation while hearing an appeal against a Family court order rejecting a divorce petition, holding that it was a child marriage and hence void.The court observed “The conditions for a...

Alabama Supreme Court ruling blocking same sex adoption reversed by SCOTUS [Read Judgment]

Supreme Court of United States has reversed Alabama Supreme Court decision which had refused to recognize an out-of-state adoption by a same-sex partner.A Georgia court entered a final judgment of adoption making petitioner V. L. a legal parent of the children that she and respondent E. L. had raised together from birth. V. L. and E. L. later separated while living in Alabama. V. L. asked...

Sterling and Wilson bags contract for new solar powered Additional Office Complex of Supreme Court

Sterling and Wilson Pvt. Ltd. has bagged the mechanical, electrical, and public health (MEP) contract by the Supreme Court of India, for its two million square feet Additional Office Complex adjoining Pragati Maidan in New Delhi. The work is expected to be completed before the end of June, 2017, with an estimated cost of around Rs. 900 crore.As per the press release issued by the Company,...

Sec 319 CrPC cannot be invoked to add Partnership firm as accused in a Trial under Sec 138 NI Act; Gujarat HC [Read Judgment]

When the complaint itself is not maintainable in the absence of the partnership firm being a legal entity before the Court and the cognizance and issue of process against the partners alone is illegal, then there is no question of invoking Section 319 of the Cr.P.C. in such a situation, Justice Pardiwala said.The Gujarat High Court has held that when a complaint under Section 138...

New MoP suggests the Appointment of Three Judges of Supreme Court from distinguished Lawyers and Jurists

The Government of India has finalised the new Memorandum of Procedure (MoP) on Appointment of Judges of Supreme Court and High Courts, reports 'The Indian Express'. As per the Report a note on new MoP has been sent to the Chief justice of India.Indian Express’s Assistant Editor Utkrash Anand reports as follows;“For the first time, the government has sought to include “merit and...

AIBE IX held, evokes mixed response from Newbie Lawyers

Thousands of Lawyers wrote All India Bar Examination (AIBE), an examination to examine an advocate's capability to practice the profession of law, held in various centres across the Country yesterday. In Kerala, sole Centre was in Cochin. Hundreds of Lawyers were seen thronging into Maharaja’s College and Government Law College, Ernakulam with bag full of Text Books and Bare Acts.AIBE-IX...

Supreme Court Weekly Round-up

Undue leniency in awarding sentence to be avoided; SCSupreme Court, in State of M.P. vs. Udaibhan observed that undue leniency in awarding sentence needs to be avoided because it does not have the necessary effect of being a deterrent for the accused and does not re-assure the society that the offender has been properly dealt with.SC summarises law on Mitakshara Joint Family PropertySupreme...