Supreme Court weekly round-up

JudgmentsThe Constitution Bench of the Supreme Court declared the National Judicial Commission (NJAC) unconstitutional, as it violates basic structure of Constitution of India, by a 4:1 Majority. Justice J.S Khehar, Justice M.B. Lokur, Justice Kurian Joseph and Justice Adarsh Kumar Goel declared the 99th Amendment and NJAC Act unconstitutional while Justice Chelameswar upheld it.The Court...

SC upheld judiciary’s independence but diminished five other basic structure of constitution: Jaitley on NJAC verdict

Union Minister and eminent lawyer Arun Jaitley today used the facebook to slam the Supreme Court for striking down the National Judicial Appointments Commission (NJAC) and said while the judgment upheld the primacy of one basic structure - independence of judiciary – it diminished five other basic structures of the Constitution, namely, Parliamentary democracy, an elected Government,...

Conviction cannot be suspended to facilitate Contesting Election: Patna High Court [Read Judgment]

The Patna High Court Single Bench, Justice Ashwani Kumar Singh, dismissed an Interlocutory Application for stay on conviction, in a Criminal Appeal preferred by Ram Naresh Rai who had incurred disqualification for being chosen as a Member of the Bihar Legislative Assembly. At the time when judgment of conviction was passed the appellant was a sitting Member of Bihar Legislative Assembly. Due...

Google Book scanning project not illegal : US Appeals Court

US Appeals Court held that Google book scanning Project is not illegal. Affirming the judgment by the Court below, Leval, Judge U.S. Circuit Court of Appeals in New York, held that (1) Google’s unauthorized digitizing of copyright-protected works, creation of a search functionality, and display of snippets from those works are non-infringing fair uses. The purpose of the copying is...

#NJAC Judgment raise our respect and gratitude for the Judges as defenders of the constitution; Jethmalani

"Today’s Judgement delivered by the Hon’ble Judges of the Supreme Court of India striking down the National Judicial Appointments Commission (NJAC) as constitutionally ultra vires and invalid raise our respect and gratitude for the Judges as defenders of the constitution our panoply of human rights and democracy has gone up sky high. The nation owes them its heartfelt gratitude", said...

#NJAC Judgment is welcome, especially at a time when the government is seeking to control various independent accountability institutions;Prashant Bhushan

The issue of judicial appointments has been a vexed problem. Initially the power was with the government who only needed to consult the Chief Justice. This led to politically committed judges being appointed. In 1993, Supreme Court after holding that the independence of the judiciary which was part of the basic structure of the Constitution was being compromised by the government primacy...

#NJAC Unconstitutional ; Constitution Bench [4;1] [Read Judgment] [Updated]

The Constitution Bench of the Supreme Court declared National Judicial Commission (NJAC) Unconstitutional as it violates Basic Structure of Constitution of India by 4;1 Majority. Justices J S Khehar, MB Lokur, Kurian Joseph and Adarsh Kumar Goel declared the 99th Amendment and NJAC Act unconstitutional while Justice Chelameswar upheld it.Here is the Conclusions of the Majority Judgment...

#NJAC Conundrum; Re-Cap of Arguments and Counter Arguments with Written Submissions

Senior Advocate Fali S. Nariman appearing for Supreme Court Advocates on Record AssociationDefending Judicial independence: Mr. Nariman had contended that the Constitution­ framers had stressed on insulating the superior judiciary ­ the Supreme Court and high courts ­ from legislative and executive control. He called the present collegium system as 'opaque' and added, "The framers of...

Acquittal of man accused of Rape and Murder of 12 year old girl upheld by SC [Read Judgment]

Supreme Court on Thursday, dismissed an appeal filed by father of a deceased rape victim against the acquittal by High Court. Apex court Bench of Justices Pinaki Chandra Ghose and R.K. Agrawal held that prosecution could not prove the guilt of the accused by any cogent evidence and, therefore, it is difficult to hold that it was the accused who committed rape upon the deceased and...

No Copyright subsists in the "title" of a Literary Work: Supreme Court [Read Judgment]

The Supreme Court in a landmark judgment held that no copyright subsists in the title of a literary work. The Hon'ble Apex Court bench comprising of Justices Madan B Lokur and S.A. Bobde was considering a criminal appeal preferred by Krishika Lulla and others against the order of Bombay High Court refusing to quash a complaint and process issued under Section 63 of the Copyright Act, read...

No Copyright subsists in the “title” of a literary work: Supreme Court [Read Judgment]

The Supreme Court in a landmark judgment held that that no copyright subsists in the  title  of a literary work and a plaintiff or a complainant is not entitled  to  relief on such basis except in an action  for  passing  off  or  in  respect  of a registered trademark comprising such titles. The Hon’ble Apex Court was considering a criminal appeal preferred by Krishika Lulla...

Huge relief to Centre as SC permits linking of Aadhaar cards to welfare schemes [Read Order]

Central government today got a major relief with the Supreme permitting linking of Aadhaar cards in welfare schemes that also included MGNREGA, all pension schemes and the provident fund besides ambitious flagship programmes like 'Pradhan Mantri Jan Dhan Yojna' of the NDA government.The social welfare schemes, aimed at reaching to the door steps of the poorest of the poor, were in addition...