Courts duty bound to award just sentence for effective rehabilitation of victim - Use of Sec 357A – Victim Compensation Model: Supreme Court

In a rare appeal preferred by a state for enhancement of sentence and reasonable compensation against the impugned High Court judgment u/s 304A/337 IPC, a Supreme Court bench comprising of Justices T.S.Thakur and Adarsh Kumar Goel ordered the respondent to pay a compensation of Rs 2 lakhs and 3 months RI in event of non-payment. The bench speaking through Justice Adarsh Kumar Goel,...

Pre marriage demand not the chronological qualification for Dowry penology, punishment attracted if demanded at any time: Supreme Court

Demand for dowry can be made at any time and not necessarily before marriage, the Supreme Court has said while upholding the life term awarded to a man for poisoning and burning his wife to death in 1997. A bench of justices M Y Eqbal and Pinaki Chandra Ghose rejected the plea that the accused did not demand any dowry before marriage and seeking it after tying the nuptial knot was out...

PIL against NJAC: Centre for Public Interest Litigation demands direction for establishment of a "broad-based full-time body for the selection of the judges" [Read the Petition]

Another Writ Petition has been filed challenging the validity of Constitution 99th Amendment Act, 2014 and the National Judicial Appointments Commission Act, 2014, in the Supreme Court by Centre for Public Interest Litigation. The Petition has alleged violation of the basic structure of the Constitution of India and has urged for enforcement of Fundamental Rights under Article 14 and 21 of...

Proposal to elevate Bombay High Court Chief Justice Mohit Shah is strange and shocking; Prashant Bhushan

Reacting to Senior Advocate Dushyant Dave’s letter to Chief Justice of India against the proposal to elevate Bombay High Court Chief Justice Mohit Shah, Activist lawyer Prashant Bhushan told Live Law that "The reported proposal to elevate Justice Mohit Shah to the Supreme Court is strange and shocking in the light of his reported rejection by the previous collegium on the ground of...

SC stays Teesta Setalvad and husband’s arrest till February 19th

Providing a reprieve to Social Activist Teesta Setalvad and her husband, an apex Court Bench headed by Justice S.J. Mukhopadhaya has stayed their arrest till February 19, urging the Gujarat Government lawyer to produce certain essential documents on 19th.The Court permitted Setalvad to file additional documents in an attempt to support her defence that the acquisition of misusing funds that...

PIL cannot be used as an instrument to satisfy personal vendetta –Delay of 8 years in filing a ground for dismissal - Construction cannot be held to be illegal in absence of original coloured plan : Supreme Court

In a remarkable judgment, a bench consisting of Justices S.J.Mukhopadhaya and Prafulla C Pant set aside the impugned judgment delivered by Nagpur Bench of Bombay High Court & allowed the appeal holding that the impugned PIL was a product of personal rivalry in construction business and such petitions in disguise cannot be entertained. It was also held that in absence of the original...

High Level Reform Committee by Finance Ministry submits its report

The Banking Law Reform Committee set up by the Ministry of Finance, under the Chairmanship of Mr. T.K. Vishwanathan, to study the "corporate bankruptcy legal framework in India" and to submit a report to the Government for reforming the system, has suggested a number of immediate reforms for improving the corporate insolvency regime in India. Given the multiplicity of laws and adjudicatory...

Dushyant Dave opposes elevation of Bombay HC CJ; writes letter to CJI alleging questionable conduct

In two strongly worded and impactful letters addressed to the Chief Justice of India H.L. Dattu, as reported by Bar and Bench, Senior Advocate and the President of the Supreme Court Bar Association Dushyant Dave has opposed the proposed elevation of Chief Justice of Bombay High Court, Justice Mohit Shah to the Supreme Court.The letter dated 6th February, 2015 highlights the high regard of...

BCI urges discontinuation of protest against Chief Justice of MP High Court

Bar Council of India has urged the Advocates' Association of Jabalpur High Court and District Bar Association to discontinue their agitation against Chief Justice A.M. Khanwilkar. BCI has refused to lend any kind of support to the protest, considering it as an effort to lay unwarranted pressure on the Judiciary.Responding to their appeal chairman of Bar Council of India said, "I have come to...

Prasar Bharti Case: SC stays Delhi High Court judgment; Doordarshan to share World Cup live telecast with cable operators for now

A Supreme Court Bench comprising of Justice Ranjan Gogoi and Justice P.C. Ghose today issued an interim order staying the Delhi High Court judgment which had barred Prasar Bharati from sharing with cable operators through Doordarshan (DD) channels the live feed of the 2015 Cricket World Cup on which ESPN and Star have exclusive broadcasting rights. The Court opined that the issue deserved to...

Black Money Investigation: Government initiates legal proceedings against 60 people; Attorney General opines that such information under Treaties can be shared with Courts or relevant tax Tribunals

Legal Proceedings have reportedly been initiated against 60 people who are alleged to have stashed black money in illegal foreign account. The allegations were put forth as a result of independent investigation by Income Tax Authorities. According to the Double Taxation Treaties, the names of foreign account holders can be made public only after court proceedings begin.Sources said...

Freedom to contract marriage v. statutory prohibition as per the service rules: Rule upheld by Supreme Court

A bench of Justice Adarsh Kumar Goel & Justice T.S.Thakur today upheld constitutional validity of Rule 29(1) of the U.P. Government Servant Conduct Rules, 1956. The impugned rule lays down ground for removal from service as a misconduct by contracting another marriage during existence of the first marriage without permission of the Government. The appellant who was employed as an...