Two Senior Lawyers arguing in Rajya Sabha : Can two bills be taken up together for discussion?

A unique debate happened in Rajya Sabha (RS) between two eminent Lawyer members. Union Finance Minister Arun Jaitley and Senior Advocate KTS Tulsi, who is a nominated candidate, were the parties involved. The parliamentary protest was over certain rules regarding clubbing of two bills in the RS for discussing together. This was strongly opposed by the opposition.Law Minister Sadananda Gowda...

Narayan Sai will be granted interim bail a week before the doctor fixes date of mother’s operation: SC

A Supreme Court bench comprising of Justice T.S. Thakur and Justice R. Banumathi has modified the Gujarat High Court order which had granted bail to self styled godman Narayan Sai, Asaram Bapu’s son.The High Court had granted three weeks' interim bail to Sai for attending the proposed surgery of his mother Lakshmiben for a cervical spinal cord ailment, at a hospital in Ahmedabad. The Bench...

NJAC Conundrum: Arguments and Counter arguments follow from both sides [Updated]

Appearing for Supreme Court Advocates on Record Association, veteran lawyers, Fali Nariman and Anil B Divan led arguments in the Supreme Court in the Fourth Judges Case. Nariman 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...

Cabinet nod to extend the PC Act net from Individuals to Corporate entities

The Union Cabinet chaired by the Prime Minister, Shri Narendra Modi, today gave its approval to amend the Prevention of Corruption Act, 1988 by pursuing the Prevention of Corruption (Amendment) Bill, 2013, pending before the Rajya Sabha by moving official amendments.The proposed amendments would fill in perceived gaps in the domestic anti-corruption law and also help in meeting the...

Rare Humanitarian Gesture; Judge pays One Lakh Rupees to the Claimant and ends 22 yr long Legal Battle

The Kerala Judiciary is once again in headlines for the rare humanitarian gesture of Sri S.Manohar Kini, Judge, Motor Accidents Claims Tribunal, Palakkad. During February 2015, a young Munsiff, Sri Aravind V.Adiyodi hit the headlines through his gesture of clearing the debt of a poor bedridden man with Canara Bank in a Lok Adalat organized at Vadakara.Sundaran, a resident of Vakkeelparamb...

Dishonor of Cheque: Printed date (year) in the Cheque cannot be a conclusive fact to determine the date of transaction; SC

While reversing the verdict of Karnataka High Court, a Supreme Court Bench comprising of Justice J. Chelameswar and Justice P.C. Ghose has held that the printed date on the cheque, in the absence of any other evidence, cannot be conclusive of the fact of issue of cheque in a particular year.The Court was hearing an appeal filed by against a 2011 judgment passed by the Karnataka High Court,...

SC stays proceedings against Shobha De by Maharashtra Assembly; says no breach of privileges

The writer Shobha De had earlier this year tweeted via her twitter handle, "Devendra 'Diktatwala' Fadnavis is at it again!!! From beef to movies. This is not the Maharashtra we all love! Nako!Nako! Yeh sab roko!" Reacting to the tweet, Pratap Sarnaik, member of Maharashtra legislative assembly had filed a breach of privilege against De for "insulting CM Devendra Fadnavis and the sentiments of...

Police Excess during investigation is part of official duty ; Prosecution without Sanction illegal; SC [Read the Judgment]

A Supreme Court Bench comprising of Justice Anil Dave and Justice Kurian Joseph has held that exercising power of investigation of a criminal case and assaulting a person in order to extract information has an essential connection with discharge of official duty. Consequently, in such cases of ‘police excess’, prosecution without sanction would be illegal.The allegation before the Court...

All India Bar Association withdraws plea on NHRC chief's appointment in SC

The lawyers' body (All India Bar Association) represented by their president Adish Aggarwala today withdrew from the Supreme Court its plea against moves for appointing former Chief Justice of India P Sathasivam for the post of Chairman in National Human Rights Commission (NHRC), saying its representation is being considered by the competent authority.A Bench headed by Chief Justice H L Dattu...

It is accused’s good luck that he gets a fair trial; Jaitley slams SC for monitoring investigations

The question of courts supervising investigations puts investigators on the defensive and they follow the “golden rule” of somehow make a case, leaving it to the accused’s good luck that he gets a fair trial, said Union Finance Minister and senior advocate Arun Jaitley speaking at the 16th D.P. Kohli memorial lecture organised by the Central Bureau of Investigation as reported by...

Bill for establishment of permanent bench of Supreme Court at Kolkata introduced in Rajya Sabha

The Supreme Court (Establishment of a Permanent Bench at Kolkata) Bill, 2015 has been introduced in the Rajya Sabha. The Bill seeks to establish a permanent Bench of the Supreme Court at Kolkata, as it would be “easily accessible for litigants of central, eastern, south-eastern and especially north-eastern States.”As per the Bill, the number of Judges for the Court will be decided by...

No justification for fresh hearing on Jayalalithaa’s appeal; appointment of Special Public Prosecutor Bhavani Singh for appeal bad in law: SC

A three Judge Bench of the Supreme Court, comprising of Justice Dipak Misra, Justice R.K. Agrawal and Justice Prafulla C. Pant has set aside the appointment of Bhavani Singh as the Special Public Prosecutor for former Tamil Nadu Chief Minister Jayalalithaa’s appeal against her conviction.The Court held that Bhavani Singh’s appointment for trial did not make him eligible to prosecute...