Supreme Court set to hear the challenge to Sabarimala Temple's restrictions on Entry of Women

A Supreme Court bench comprising Justices Dipak Misra, Pinaki Chandra Ghose and NV Ramana today briefly heard the writ petition (civil) 373 of 2006 filed by Indian Young Lawyers Association, seeking lifting of the ban on entry of menstruating women to the famous Sabarimala temple.  The hearing, which lasted for about half an hour, saw interesting exchanges between Justice Misra and KK...

Unhealthy trend of filing False Affidavits should be strongly discouraged before it gets to be treated as a routine and normal affair; SC [Read Judgment]

This is illustrative of the malaise that is slowly but surely creeping in. This ‘trend’ is certainly an unhealthy one that should be strongly discouraged, well before the filing of false affidavits gets to be treated as a routine and normal affair, the Court said.Supreme Court, on Monday, in M/s Sciemed Overseas Inc vs. BOC India Limited has upheld the imposition of costs of Rs. 10 Lakhs...

Odd-Even Scheme: Delhi HC dismisses 10 petitions, asks State to file reply on the difficulties to disabled [Read Judgment]

Providing a respite to Delhi Government, a Division Bench of Delhi High Court on Monday dismissed 10 out of 11 Writ Petitions challenging the State’s odd-even formula. The Bench, comprising Chief Justice G. Rohini and Justice Jayant Nath directed the State to reply to the petition filed by Mr. Nipun Mehta. In the petition, Mr. Mehta, who is himself suffering from a congenital disorder...

SC wants Harsher Punishment for those convicted of raping, abusing children; refuses to order Castration [Read Order]

The Supreme Court today asked the parliament to consider making a separate law for awarding harsher punishment to those convicted of raping, molesting or sexually abusing children in any manner.“At present the language in law in women below the age of 16. But these days children between the age of two and ten are increasingly becoming victims of sexual abuse. The parliament may think...

Supreme Court Weekly Round-Up 2016 (Week 1 - Jan 4-8)

JudgmentsMotor Accident Claims; SC cautions Courts against Hyper Technical approach1. MALATI SARDAR vs. NATIONAL INSURANCE COMPANY LTDThe Supreme Court restated its earlier position in Mantoo Sarkar vs. Oriental Insurance Company Limited (2009) 2 SCC 244 regarding territorial jurisdiction of Motor Accident Claims Tribunal. Apex Court Bench of Justices Anil R. Dave and Adarsh Kumar Goel held...

Delhi HC moots ‘pragmatic and liberal approach’ in allowing witnesses to depose through Video Conferencing [Read Judgment]

“There may be situations where a witness even though within the city may still want the evidence to be recorded through video conferencing in order to save time or avoid inconvenience, the Court should take a pragmatic view”, the Bench said.Delhi High Court in International Planned Parenthood Federation (IPPF) vs. Madhu Bala Nath has observed that Courts must be liberal and pragmatic...

Consensual Sex without any deliberation about Marriage is not rape under misconception of fact; SC [Read Judgment]

The Supreme Court has observed that if no deliberation about marriage between the prosecutrix and the accused took place before the alleged sexual contact which was consensual, it cannot be said that the consent has been given under misconception of marriage. Apex Court bench of Chief Justice T.S. Thakur and Justice V. Gopala Gowda made this observation in Tilak Raj vs. State of Himachal...

Supreme Court quashes Perjury Proceedings against Forensic Expert, who turned hostile in Jessica Lal Case [Read Judgment]

Merely because an expert has tendered an opinion while also furnishing the basis of the opinion and that too without being conclusive and definite, it cannot be said that he has committed perjury so as to help somebody and mere rejection of the expert evidence by itself may not also warrant initiation of proceedings under Section 340 of CrPC, the Court held.The Supreme Court, in Prem...

Exclusive: Rajiv Assassination Convict’s mother approaches the TN Govt. to seek release of her son through Article 161 [Read Petition]

Arputham Ammal, mother of AG Perarivalan, one of the seven convicts in Rajiv Gandhi assassination case, on 6 January formally submitted a petition in the Tamil Nadu Chief Minister’s Special Cell at the Secretariat in Chennai seeking release of her son. Her petition assumes significance, as only last week, Perarivalan had sent a fresh mercy petition to Governor, K Rosaiah.  She confirmed...

Unique PIL in SC - ‘Apex court Judges be allowed to hold office as long as they can’ [Read Petition]

Amidst the raging debate over post-retirement jobs for judges of higher judiciary, a unique kind of PIL has been filed in the Supreme Court to permit apex court judges to remain in office as long as they can.According to the PIL filed by Vibhor Anand, a final year law student, this will not only enable the judiciary to tap the experience of a judge to the fullest, it will also prevent...

Supreme Court asks courts not to allow “Court Haunting” by “Unscrupulous Litigants” [Read Judgment]

Solely because an accused has filed an application for transfer, he is not required to express his disinclination. He is required under law to do his duty. He has to perform his duty and not to succumb to the pressure put by the accused by making callous allegations, the Court said.Supreme Court has warned the Courts about “unscrupulous litigants” indulging themselves in court haunting...

No SC/ST Quota for reservation for promotion in Public Sector Banks: Supreme Court [Read Judgment]

Supreme Court has held that there is no SC/ST quota for promotion in Public Sector banks, reviewing its earlier judgment which had directed the banks to directions to make provision for reservations while carrying out promotions from Scale-I to Scale VI. Apex Court bench of Justices J. Chelameswar and A.K. Sikri setting aside the Judgment of Madras High Court, said that it is open for the...