It is hard to monetize the domestic work done by a house-mother: SC; awards compensation towards loss of consortium and love and affection

While enhancing the compensation awarded for death of a housewife due to rash driving by a tempo driver, an Apex Court bench comprising of Justice V. Gopala Gowda and Justice R. Banumathi observed, "Even assuming Jayvantiben Jitendra Trivedi was not self-employed doing embroidery and tailoring work, the fact remains that she was a housewife and a home maker. It is hard to monetize the...

National Judicial Appointments Commission Amendment is very badly drafted , and needs to be amended in toto ; Ram Jetmalani

Leading Jurist and former Law Minister of India had opined that National Judicial Appointments Commission, a part of Constitution’s Article 124A needs to be amended in toto. In his weekly column in Sunday-guardian  he wrote“It is an elementary principle that a litigant cannot be allowed to have a voice in the appointment of a judge from whom he is seeking justice. On a larger scale, it...

Judicial Appointments to continue till NJAC put in place

Putting at the rest the speculations regarding appointments by the collegium until the National Judicial Appointments Commissions is put in place; Union Law Minister Sadananda Gowda has said that the judicial appointments are not put on hold until the mechanism is structured. Further, he is hoping that the Chief Justice of India, who is the chairman of NJAC, would extend his cooperation...

Canadian Supreme Court decriminalizes Mercy killing [Read the Judgment]

In a detailed landmark judgment delivered on 06/02/2015, a bench of 9 judges of the Supreme Court of Canada overturned a ban on 'physician-assisted suicide' reversing its 1993 decision where by a majority of 5:4 Sec 241(b) of the Criminal Code, R.S.C. 1985 was upheld to decline such legalization. This judgment places Canada in the league of a handful of western countries where the practice...

Retired Judges who have represented any of the parties before should not be appointed as Inquiry Officers to avoid allegations of bias: SC

An apex Court bench comprising of Justice S.J. Mukhopadhaya and Justice C. Nagappan yesterday directed the Delhi University to abstain from appointing any retired Judge who was earlier on its panel, as an Inquiry Officer to investigate any of its employees. The Bench reasoned that in case such a retired Judge is engaged by the Disciplinary Authority of the University, the other party may...

SC collegium meets for discussing appointments, despite Law Minister’s statements

The Supreme Court collegium met yesterday to discuss and recommend names for appointment to the Apex Court and the High Courts. This is despite the recent remark by the Union Law Minister, D.V. Sadanand Gowda that no fresh appointments will be made to the Supreme Court and the High Courts till the public interest litigation challenging the National Judicial Appointments Commission Act, 2014...

Transfer of case from one trial court to other based on complainant's apprehensions allowed by Thakur and A.K.Goel JJ: Banumathi J dissents

A 3 judge bench with a majority of 2:1 allowed a transfer petition filed by the complainant based on his apprehensions of biasness. The majority judgment authored by Justice T.S.Thakur for his lordship and Justice Adarsh Kumar Goel directed transfer of the case from ADJ, Rohini's Court to Sessions Judge, Tis Hazari Court to be tried. However, in a separate dissenting judgment Banumathi J...

Bail declined to key accused in Vyapam Scam by the Supreme Court : Asked to apply afresh on non completion of trial in one year

In an interesting judgment, a bench of Justices Adarsh Kumar Goel and T.S.Thakur declined bail to Dr. Vinod Bhandari who is one of the key accused in the "VYAPAM Scam". Pertinent to note that the the scam relates to a statutory body ie. M.P. Vyavsayik Pareeksha Mandal (M.P. Professional Examination Board) known as Vyapam which conducts various tests for admission to professional courses...

Concealing pending criminal cases is a ground for setting aside election of representatives: SC

A Supreme Court Bench headed by Justice Dipak Misra has ruled that if any elected representative conceals information regarding pending criminal cases, his election can be set aside.The Bench observed, "Non-disclosure of criminal antecedents amounts to corrupt practice by the candidates. The crucial recognized ideal which is required to be realized is eradication of criminalization of...

Sec. 6 of the Kerala Cashew Factories (Acquisition Act) allowing Kerala Govt. to acquire factories for public purpose struck off by Supreme Court as unconstitutional

Through a remarkable judgment on 4th Feb, a bench of Justices Ranjan Gogoi & R.F.Nariman declined constitutional validity to Sec. 6 of the Kerala Cashew Factories (Acquisition) Act, 1974. The impugned provision enabled the State Government to acquire cashew factories in public interest under certain circumstances laid down in Sec 3.In an interesting arena of factual matrix, from 1984 to...

High Court Rule requiring mandatory surrender before filing a Revision Petition upheld by Supreme Court

A bench of Justices T.S.Thakur & Adarsh Kumar Goel today upheld the constitutional validity of Rule 159 of the High Court of Jharkhand Rules, 2001. The petition claimed that the impugned rule was violative of Articles 14 & 21 and Sections 397 & 401 of CrPC. A Division Bench of the High Court had earlier upheld the validity of the impugned rule and a Special Leave Petition...

Kerala HC stays Kerala Bar Council Proceedings against AG

Justice C.K. Abdul Rehim of the Kerala High Court on Monday issued a stayed the proceedings by the Bar Council of Kerala against Mr. K.P. Dandapani, the Advocate General for the State. Mr. Dandapani has filed a Writ Petition in the Kerala High Court, challenging a notice issued to him by the Kerala Bar Council, on a complaint of professional misconduct.The Petitioner's wife is a Senior...