Supreme Court Exempts the Convict who attempted to Murder Former CJI A.N Ray From Surrendering

The Supreme Court yesterday exempted the person who was along with the co-convict from surrendering himself for undergoing the sentence. He was convicted under the attempt to assassinate former CJI A N Ray in 1975 and was sentenced for 10 years.According to the convict appellant he has been in the jail for 14 years and 10 months. Therefore the bench comprising Justices Mukhopadhya and N...

Approach HC first: SC on Rajasthan Ordinance

Holding that the High court was the appropriate forum for challenging the validity of the Rajasthan Ordinance passed recently vide dated 24th December, 2014, the Supreme Court refused to entertain petitions against the ordinance. The ordinance recently passed by the Rajasthan Government mandates educational qualifications for candidates to contest elections at various levels of...

SC notifies In-House Procedure evolved in 1999 to deal with complaints against Judges

The Apex Court has re-notified the Report of the committee on in-House procedure that had been developed in 1999 in order to deal with allegations of misdemeanor against Judges, including accusations of sexual harassment against Judges of Supreme Court and High Courts.The Supreme Court, at its Full Court Meeting held on December 15, 1999 unanimously adopted the Report of the Committee...

National Judicial Appointments Commission: SC Advocates on Record Association and individual lawyers planning a challenge through fresh Writ Petitions

Soon after the National Judicial Appointments Commission Bill received the President’s assent, it finds itself in a legal tussle again, with the Supreme Court Advocates on Record Association and at least three Supreme Court lawyers ready to approach the Court with fresh Writ Petition after it reopens of January 5th after the winter break.Last week, 16 states had ratified the...

Corporate Affairs Ministry to request Registrar General in each HC to designate Special Judges for backlog of Companies Act cases

Concerned about the increasing backlog of cases regarding non-compliance of the Companies Act, the Ministry of Corporate Affairs has planned to request the Registrar General in each High Court to authorize Special Judges for timely disposal of cases."Creation of courts involves creation of posts, infrastructure and transfer of funds, which will be a long-term process, delaying the commencement...

Reminiscing 2014: 15 judgments by the Apex Court that altered the course

Here is a list of the 15 judgments (in no particular order) that were rendered in 2014 and which set the law in a different direction:1. Manohar Lal Sharma The Principal Secretary & Ors.In a move that embarrassed the parties that have been a part of the Government since 1993, the Supreme Court, in August this year declared the Coal allocation between 1993 and 2009 illegal,...

Collegium system ends as President gives assent to the National Judicial Appointments Commission Bill

The National Judicial Appointments Commission Bill Passed by the Parliament in August 2014 has received the assent from the President of India.Earlier, 16 states had ratified the 124th amendment to the Constitution, which grants Constitutional status to the National Judicial Appointments Commission, in line with the constitutional requirement. Article 368 of the Constitution of India...

“Judicial Highlights of 2014 – the year that saw it all”

2014 has been a year of change for India. The country witnessed 3 CJIs as the head of Judiciary, retirements and fresh appointments of judges, new team of law officers, change in the Central & State Governments, and a consequential undeclared war somewhere between these changes. The nation went through a transitional phase and the Constitutional courts played a very important role...

Ordinance to bring in changes to Arbitration and Conciliation Act approved by the Union Cabinet

The Union Cabinet yesterday cleared an ordinance for bringing in amendments to the Arbitration and Conciliation Act, 1996, aimed at attracting international stakeholders for settling commercial disputes in India.The most significant feature of the ordinance is the nine month time limit for settling of cases by the arbitrator. Non compliance will attract a bar from taking up new cases for...

State Bar Council or any Committee constituted by it, has no power to declare the election in a local Bar Association as invalid: Punjab and Haryana HC [Read the Judgment]

The Court observed, "I can hardly find any scope for a Chairman or a Committee to examine a dispute brought by the 2nd respondent as constituting a power to decide on the validity of an election. If each expression mentioned in the rules has to be examined, it can be noticed that the election is simply not a subject that can ever be imported. A dispute relating to the constitution ought to...

Government approves ordinance to amend Land Acquisition Act; Changes to come into effect from 01.01.2015 [Read the Ordinance]

The Union Government has approved the promulgation of an ordinance to amend the Land Acquisition Act, 2013, by including five new categories of projects that would not require prior consent from affected families as well as Social Impact Assessment (SIA). It includes 13 laws that are presently excluded out of the purview of the Act in compensation, rehabilitation and resettlement...

Laws Enacted and Amended in 2014: A Snapshot

1. The Lokpal and Lokayuktas Act, 2013The Lokpal and Lokayuktas Bill received the President’s assent on the 1st January, 2014. It provides for the establishment of a body of Lokpal for the Union and Lokayukta for States to inquire into allegations of corruption against certain public functionaries and for matters connected therewith or incidental thereto.The law was enacted for...