The anxiety to get into ‘a disposal’ against one’s name should not lead the Judge to ignore the well settled cannons of justice; Calcutta HC slams Judge for granting Bail to Madan Mitra in Saradha Scam

In a huge set-back to Trinamool Congress leader and former minister Madan Mitra, a Division Bench of Calcutta High Court comprising Justice Nishita Mhatre and Justice Tapash Mookherjee on Thursday cancelled his bail. Mr. Mitra who was arrested by CBI on December 12, 2014, for alleged involvement in the Saradha scam, was granted bail by Alipore court on October 31.The Court rejected Mr....

Supreme Court Weekly Round-Up

Previous sanction required if offence are in discharge of official dutyThe Apex court quashed the criminal proceedings against Indian Council for Medical Research (ICMR) Officials, who were allegedly involved in unauthorized and illegal transfer of some property. Apex Court bench comprising of Justices V. GopalaGowda and Amitava Roy held that the alleged offences were committed by them...

Consent of the accused or his counsel to take down the evidence in their absence is not permissible: Orissa HC [Read Judgment]

Neither the prosecution nor the accused had any right to make an agreement which would be contrary to the express provisions of law. The consent of the accused or his counsel to take down the evidence in course of trial in their absence is not permissible in the eye of law, the bench said.Orissa High Court has held that the consent of the accused or his counsel to take down the evidence in...

Fundamental Right of birds to fly: SC issues notice on PIL challenging Guj HC order

A three-Judge bench of the Supreme Court on Friday issued notice to the Gujarat Government on a Petition challenging a Gujarat High Court order that had declared it is the Fundamental Right of birds to live freely in open sky.The petitioner, Pet Lovers Association, represented by Senior Advocate Salman Khurshid, has contended that the High Court order is a flawed one and that there are laws...

Slamming Gender Discrimination, SC moots permanent Commission for women Navy officers of all branches [Read Order]

The Supreme Court has slammed the Indian Navy for gender discrimination, unreasonable classification and strongly favoured permanent commission for women officers in all wings after they complete their short service commission.Navy’s September 26, 2008 rule offered permanent commission to women officers who joined after the date but only in education, law and naval architecture...

A wife can be ‘aggrieved person’ for the purpose of DV Act even after Judicial Separation: Supreme Court [Read Judgment]

The finding recorded by the courts below which have been concurred by the High Court that the parties having been judicial separated, the appellant wife has ceased to be an “aggrieved person” is wholly unsustainable, the Apex Court bench said.A lady who has been fighting to get her ‘Stridhan’ back, from her husband and relatives, finally gets relief from Supreme Court. The...

Jaising’s ‘Lawyers Collective’ gets FRCA violation notice; Madras HC stays cancellation of Greenpeace's Registration

The Home Ministry has issued a Foreign Contribution Regulation Act (FRCA) violation notice against well known lawyer and former ASG Indira Jaising’s Public Interest Service Organisation ‘Lawyers Collective’.Her husband and well known senior lawyer Anand Grover, also a trustee of LC has denied the charges and termed the allegations as “motivated and mischievous”It pertained to...

SC to decide if vyapam tainted MP Governor should be removed; Notice issued on plea by Lawyers [Read Petition]

In a major embarrassment to Madhya Pradesh Governor Ram Naresh Yadav, the Supreme Court today issued notice to him, state government and the Centre on a plea seeking his removal for his alleged involvement in the sensational Vyapam scam.They challenged the MP High Court verdict quashing the FIR against Yadav.The order came on a petition filed by a group of lawyers from Jabalpur district in...

The Court should decide whether previous sanction (S.197 CrPC) is necessary or not, before taking Cognizance; SC quashes Criminal Proceedings against ICMR Officials

Since the allegations made against the Appellants in the final report filed by the respondent that the alleged offences were committed by them in discharge of their official duty, therefore, it was essential for the learned Special Judge to correctly decide as to whether the previous sanction from the Central Government under Section 197 of CrPC was required to be taken by the respondent,...

Collegium hearing ends on a surprise note, paving the way for immediate Collegium meetings

The Constitution Bench of the Supreme Court ended its two-day hearing on reforming the Collegium, reserving its order. The presiding Judge, Justice J.S.Khehar, while dictating the order, added a surprise phrase, saying the Collegium meetings will not be put on hold till the delivery of the order. Even today, in response to the AG, Mukul Rohatgi’s plea to let the Collegium meetings take...

Centre’s U-turn on Swamy; now says not seeking his prosecution for Hate Speech

Three weeks after supporting the prosecution of BJP leader Subramanian Swamy for hate speech for allegedly violating the IPC provision 153 A through a book written by him , the Centre has done a big U-turn on the issue.In an additional affidavit filed in the supreme court yesterday, the union home ministry said it was "merely the statement of fact and is not any expression, opinion or...

Fresh Centre vs SC stand off; AG says cannot submit draft MOP for Judges Appointment

A fresh standoff today erupted between the Centre and the Supreme Court constitution bench which has initiated steps to improve the collegium system with Attorney General Mukul Rohatgi going back on his assurance to formulate a draft memorandum of procedure for appointment of judges to higher judiciary.This is a major U-turn on the part of the government as it had yesterday agreed to draft...