Nariman, KKV, Sorabji & other Seniors write to CJI against Transfer of Delhi HC Judge Justice Rajiv Shakdher

On February 14, 2016 LiveLaw reported that “the transfer of Justice Rajiv Shakdher of Delhi High Court has invited strong reactions from the members of the legal community. Many senior lawyers and former Judges feel that the decision of the Supreme Court collegium in transferring Justice Rajiv Shakdher to Madras High Court is unjustified”Today the Indian Express...

Casual workers are also Employee as defined under ESI Act: Supreme Court [Read Judgment]

Supreme Court, in Royal Western India Turf Club Ltd. Vs. E.S.I. Corporation, has held that casual workers are covered under definition of employee as defined in Section 2(9) of the Employees State Insurance Act, 1948.BackgroundApex Court Bench comprising of Justices V. Gopala Gowda and Arun Misra was hearing the appeal preferred by Royal Western India Turf Club Ltd. The main question in...

SC set to hear challenge against Triple Talaq and Polygamy [Read Petition]

Three decades after the famous Shah Bano case, another issue regarding Muslim Personal Law is going to be heard by Supreme Court. If Shah Bano was concerned about her right to get maintenance from her husband, Shayara Bano is concerned about Triple Talaq Divorce and Polygamy, which according to her is illegal and unconstitutional.Legally India reports that the Supreme Court has issued...

Challenge against 153A IPC; SG Ranjit Kumar terms Subramanian Swamy’s Plea as Personal Interest Litigation

The Centre today reportedly put up strong opposition against the maintainability of Mr. Subramanian Swamy’s petition challenging the constitutional validity of provisions under the Indian Penal Code, which penalize hate speech and writing.Solicitor General Ranjit Kumar contended before the Bench comprising Justice A.R. Dave and Justice A.K. Goel that the plea was in fact...

Delhi HC upholds TRAI regulations mandating operators to compensate users for Call drops [Read Judgment]

A Division Bench of Delhi High Court on Monday upheld an order of the Telecom Regulatory Authority of India, mandating cellular operators to compensate subscribers for call drops from January 1, 2016.Dismissing a batch of petitions filed by Cellular Operators Association of India, and 21 telecom operators, the Bench, comprising Chief Justice G. Rohini and Justice Jayant Nath observed, “There...

Fix liability on Schools for Sexual Abuse, Accidents in premises, says PIL; SC asks petitioner to approach Centre [Read Petition]

The Supreme Court today asked the petitioner in a PIL which sought framing of guidelines to fix responsibility and liability on the educational institutions in whose incidents of sexual abuse and accidents happen, to approach the Centre in this regard.As petitioner Vineet Dhanda, a lawyer pleaded that such directions from the apex court was essential as such incidents were on the rise...

JNU row: SC refuses to hear contempt plea against Kanhaiya, Umar as AG declines consent

The Supreme Court today refused to list for hearing a criminal contempt plea filed by a lawyer against JNUSU president Kanhaiya Kumar, student activist Umar Khalid, ex-DU professor SAR Geelani, and four others for labelling Afzal Guru’s hanging as ‘judicial killing’ on the ground that Attorney General had declined consent to it.When senior lawyer J P Dhanda who appeared for petitioner...

Higher Secondary School Leaving Certificate can be accepted as proof of age: Supreme Court [Read Judgment]

In case, a copy of the Secondary School Leaving Certificate can be accepted as proof of age, it does not even strike to common sense as to why the copy of the Higher Secondary School Leaving Certificate, duly attested, cannot be accepted as proof of age.”The Supreme Court, in Hina vs. Union of India, has held that Higher Secondary School Leaving Certificate can be accepted as proof of age....

FIR for Sedition against Rahul Gandhi, Arvind Kejriwal, Sitaram Yechury and 4 others for expressing solidarity to JNU students

The Cyderabad Police on Sunday registered an FIR for sedition under Section 124A of the Indian Penal Code against nine persons, including Congress Vice President Rahul Gandhi, CPM General Secretary Sitaram Yechury and Delhi chief minister Arvind Kejriwal. Cases have also been registered against CPI MP D Raja, JDU MP KC Tyagi, Congress leaders Ajay Maken and Anand Sharma and, along with...

Supreme Court Weekly Round-Up

Complaint against termination also maintainable in the place where the management had decided to terminate the employee: SCSupreme Court held that a complaint against termination of an employee of a company is not only maintainable in a Labour court having jurisdiction of the place where the employee was working, when the termination was ordered, but also the Labour court having jurisdiction...

CJI Thakur slams Government for delay in Appointments of High Court Judges; Calls for Social Audit of Govt’s performance

Chief Justice of India Justice Thakur has reportedly criticized the Government for its approach towards appointment of High Court Judges.“The process of appointing High Court judges begins from the state where candidates are approved by a committee and gets nod from the Governor. The Intelligence Bureau (IB) also submits its report about the candidates and the file reaches a committee...

Death from Trial Court, Acquittal from High Court and Life Sentence from Supreme Court [Read Judgment]

In these days, civilized people are generally insensitive to come forward to give any statement in respect of any criminal offence. Unless it is inevitable, people normally keep away from the Court as they feel it distressing and stressful, the Bench said.Supreme Court in Sadhu Saran Singh vs. State of UP, taking note of the reluctance of people to come forward to give statement in respect...