Preserving Heritage in Museums a Constitutional Mandate : Supreme Court [Read the Judgment]

A bench of Justices Adarsh Goel & T.S.Thakur JJ has held that historical objects preserved at different places especially museums come under the ambit of Article 49 and its preservation is a constitutional mandate. The bench was hearing a PIL filed by Subhas data. The PIL sought a direction for adequate security arrangements and proper investigation into the incidents of theft and damage...

Supreme Court affirms Non Application of CPC & CrPC to tribal areas [Read the Judgment]

In an important judgment delivered on 28th January, a two judge bench of Supreme Court comprising of Justices Chelameshwar and R.F Nariman has made it abundantly clear that the provisions of Civil Procedure Code, 1908 (CPC) are not applicable to the jurisdiction covered by the United Khasi-Jaintia Hills Autonomous District (Administration of Justice) Rules, 1953 (also, similarly crafted...

CJI expresses reluctance to help in framing of rules and procedures for NJAC, citing pending petitions

The Chief Justice of India is reportedly displaying his reluctance to be a part of the process to frame rules and procedures for NJAC on ‘ethical grounds’. This might further delay the Government’s plan to set up the National Judicial Appointments Commission.Such reluctance has been conveyed till the petition challenging NJAC is decided by the Supreme Court, keeping in mind the...

Constitutional Validity of Entry 25 of Schedule VI to Karnataka Sales Tax Act upheld in its third litigating innings : Dominant Intention test held invalid

A three judge bench comprising of the Chief Justice and Justice A.K.Sikri and Arun Mishra have held Entry 25 of Schedule VI to Karnataka Sales Tax Act, 1957 to be constitutionally valid. In an appeal preferred by the state after the High Court struck the said entry for the third time with different reasons every time, the state finally succeeded to protect it even after vehement arguments...

Collegium recommends elevation of Chief Justices of Delhi and Madras HC ; Law Minister says no appointments soon

According to reports, the collegium has paved way for appointment of the Chief Justice of Delhi High Court, Justice G. Rohini and Madras High Court, Justice Sanjay Kishan Kaul to be elevated to the Supreme Court.Tweets by former Additional Solicitor General, Indira Jaising have further strengthened the claims. She...

Different rates to private Telecom Service Providers & that to BSNL/MTNL, Held to be violative of Article 14 : Supreme Court

The Supreme Court on Friday dismissed an appeal filed by 9 Private GSM Cellular Companies licenced in India (namely Aircel, BMCL, Bharti Cellular, Idea Cellular, Hutchinson Essar, Reliance Telecom & their allies) & their association against TDSAT, Delhi's judgment affirming that the appellant service providers discriminated between subscribers of the same class; one on the ground that...

Communist Party of India (Marxist) leader, M V Jayarajan gets 4 weeks imprisonment for committing contempt of Court

Supreme Court, yesterday confirmed the conviction of a Communist Party of India (Marxist) leader, M V Jayarajan, who was also a member of Kerala Legislative Assembly for committing contempt of court, but reduced the maximum sentence of six months to 4 weeks imprisonment.The contempt proceedings were initiated suo moto by the Kerala High Court on the basis of the speech delivered by the...

A Power of Attorney holder can file a Complaint U/S 138 NI Act, but it must be specifically pleaded and supported by documents : SC [Read the Judgment]

The Supreme Court of India while hearing two appeals has adjudged that a Power of Attorney holder can file a Complaint U/S 138 NI Act, but it must be specifically pleaded and supported by documents.In a common judgment delivered for two appeals involving the same question of law, Justices Mukhopadhyay and Bobde addressed the cases wherein in the first,  a person who was Vice Chairman...

No fresh appointments of judges to the High Courts and Supreme Court till the PILs challenging the NJAC, 2014 are decided; Law Minister

The Union Law Minister DV Sadananda Gowda has reportedly said that no fresh appointments of judges to the High Courts and Supreme Court would be made till the public interest litigation challenging the National Judicial Appointments Commission Act, 2014 are decided.The statements of Mr. Gowda have given fresh fuel to the fire regarding the issue of judicial appointments. Earlier, the...

SC upholds amended definition of Non-Performing Assets in the SARFAESI Act [Read the Judgment]

In a judgment delivered on 28th January, an apex Court bench comprising of Justice J. Chelameswar and Justice S.A. Bobde upheld the 2004 amendment of the SARFAESI Act.The Amendment of 2004 had amended the definition of Non-Performing Assets (NPA). This amended definition was the subject matter of dispute. This amended definition was challenged in various High Courts. Gujarat High Court...

Vodafone Income Tax case: Government decides not appeal against the Bombay High Court judgment

In an attempt to provide an investment friendly atmosphere in the country, the Government has decided not to appeal against the Bombay High Court order that had granted tax relief of Rs. 3,200 crore to Vodafone.According to Telecom Minister Ravi Shankar Prasad, “The government will not appeal in Supreme Court the October 10 order of the Bombay High Court in the Vodafone case… We want...

SC orders Google, Yahoo! And Microsoft to stop advertisements relating to sex determination

A Supreme Court Bench, comprising of Justice Dipak Misra and Justice Prafulla C. Pant, has directed Google, Yahoo! And Microsoft to stop advertisements and not sponsor any advertisement relating to pre-natal determination of sex, in violation of Section 22 of the Pre-Conception and Pre-Natal Diagnostic Techniques (PCPNDT) Act, 1994. This was devised as an interim measure.This order was...