Birth of child during continuance of a valid marriage or even within 280 days after its dissolution is conclusive proof that child was legitimate: Bombay High Court

Justice Sadhana S. Jadhav of the Bombay High Court has held that, “The birth of a child during continuance of a valid marriage or even within 280 days after its dissolution is conclusive proof that child was legitimate unless parties to marriage had no access to each other at any time when conception took place.”The Court was hearing a Petition filed against an order passed by the Joint...

Accident caused by composite negligence: Claimant is entitled to sue both or any one of the joint tort feasors and recover the entire compensation from any of them, holds SC

In a judgment rendered recently [Khenyei v. New India Assurance Co. Ltd. & Ors], a Bench of the Apex Court led by CJI H L Dattu has held that in the case of composite negligence, plaintiff/claimant is entitled to sue both or any one of the joint tort feasors and recover the entire compensation from any of them, as liability of joint tort feasors is joint and several.The Court was...

Budget Session 2015 : Snapshot of the Legislative business transacted by Parliament

The recently concluded Budget Session of the Parliament was amongst the most productive in recent times. During this session, Lok Sabha worked for 123% of its scheduled time, while Rajya Sabha’s productivity was at 101%. Though both Houses of Parliament witnessed disruptions on issues of farmer suicides, food parks, and a CAG audit report on renewable energy financing, the House could...

Justice #Karnan accuses brother judge of sexually assaulting an intern; writes to CJ for inquiry

Justice CS Karnan, a Madras High Court judge has alleged that a judge of the Madars High Court sexually assaulted an intern in the High Court premises.As reported in the New Indian Express, Justice CS Karnan wrote to the Chief Justice of the High Court on May 12, and the letter stated, ““I have preferred several representations to your Lordship regarding the conduction of enquiry on...

All urgent matters to be mentioned orally before CJI says Supreme Court Registry as SCBA writes in protest

The Supreme Court's Registry, through a circular dated May 14 has declared that henceforth all urgent matters will have to be mentioned orally before the Chief Justice of India and that the practice of “listed mentioning” before the Deputy Registrar shall stand discontinued. The circular also stated that the aforementioned procedure will come in force from July 1.However, the Supreme...

#Defamation Case filed by police officer : SC dismisses plea by Rajdeep Sardesai & 7 other journalists [Read the Judgment]

The Supreme Court has dismissed a criminal appeal filed by a senior journalist Rajdeep Sardesai challenging the summons issued to him by the Additional Metropolitan Sessions Judge, Nampally (in Andhra Pradesh) in a case filed under Sections 499 and 500 (defamation) read with 120B of the IPC for allegedly making false implication against a senior officer of Hyderabad police in connection...

SCBA demands to revisit Rules relating to designation of Senior Advocates

In a letter written by President of the Supreme Court Bar Association, Senior Advocate Mr. Dushyant Dave, addressed to the Chief Justice of India, SCBA has asked the Chief Justice of India to revisit the the rules relating to designation of Senior Advocates. The letter says, “Perhaps a better mechanism needs to be evolved, in which the Bar also has a role to play, may be at the level...

SC upholds Death Sentence to couples who killed seven members of a family, including a 10-month-old child

The Supreme Court today awarded death penalty to a couple which had killed seven members of a family, including a child.The couple were in love and wanted to marry, however, as the girl's family was opposed to the same, the couple had drugged the entire family and hacked them to death.Maintaining the judgment awarded by the Trial Court which was confirmed by the Allahabad High Court, the...

Supreme Court restrains Glenmark from manufacturing certain drugs in the Glenmark-Merk dispute [Read the order]

Hearing the special leave petition filed by  Glenmark against a judgment pronounced by the Delhi High Court, the Bench consisting of Justices Ranjan Gogoi and N.V. Ramana today injuncted Glenmark from finishing the unformulated Sitagliptin Phosphate Monohydrate, a drug for type 2 diabetes.The Court in its order said, “Going by the prima facie satisfaction recorded by the High Court, we are...

Essar granted favours to politicians, bureaucrats, CPIL tells Supreme Court

In an affidavit filed before the Supreme Court, Centre for Public Interest Litigation, the NGO which has  “sought a court-monitored investigation by an SIT or the CBI into the high level of political-bureaucratic-corporate nexus, has stated that  Essar used their money power to change public policies, plant questions in Parliament, get access to internal government documents/cabinet...

Supreme Court upholds constitutionality of the National Company Law Tribunal and the National Company Law Appellate Tribunal [Read the Judgment]

Partly allowing a writ petition filed by the Madras Bar Association challenging various provisions of Chapter XXVII of the Indian Companies Act, 2013, more particularly Sections 408, 409, 411(3), 412, 413, 425, 431 and 434 – which broadly deal with the constitution of the National Company Law Tribunal (NCLT) and the Appellate tribunal (NCLAT), their powers to punish for contempt,...

Using obscene language against historically respected personalities cannot be allowed in the name of artistic freedom, critical thinking or creativity; SC [Read the Judgment]

The Apex Court in a significant judgment rendered today held that in the name of artistic freedom or critical thinking or generating the idea of creativity, a poet or a writer cannot put into the voice or image of a “historically respected personality” like Mahatma Gandhi, such language, which may be obscene.A Bench of the Supreme Court comprising of Justices Dipak Misra and Prafulla C...