CJI Dattu cancels former CJI Lodha's directive to consult two judges "outside the collegium" before recommending names for the appointment of HC Judges

In a letter to Chief Justices of various High Courts, Chief Justice of India H.L. Dattu has directed them to follow the earlier practice of appointment of Judges, wherein three senior most Judges, including the Chief Justice of the High Court have a final say while making recommendations.The practice had been withdrawn citing the “difficulties” faced by the High Courts.This...

Information regarding setting up of SC Benches outside Delhi may create "needless political controversy" and "arouse regional feelings": CIC [Read the Order]

Refusing disclosure of information regarding the meetings of the full court of the Supreme Court relating to setting up of its benches outside Delhi, a full bench of the Central Information Commission observed that disclosure of information regarding setting up of Supreme Court benches outside Delhi may "arouse regional feelings" and create "needless political controversy" resulting in law...

Breaking; US-based Intellectual Property Owners' Association to meet Indian judiciary and patent officials; accused of lobbying [Read the Petition]

In a letter, addressed to Chief Justice of India H.L. Dattu, Chief Justice of Delhi G. Rohini and Chairman of Intellectual Property Appellate Board Justice K.N. Basha, the "Campaign for Affordable Trastuzumab", has put forward its concerns regarding the Intellectual Property Association's scheduled meetings with the IPAB and the Delhi High Court.It alleged that these meetings are...

Dis-honour of Cheque; When it is proved that Complainant had no source of income to lend the amount to the accused, accused is entitled to acquittal: SC [Read the Judgment]

A two Judge Bench of the Supreme Court comprising of Justice Gopal Gowda and Justice Nagappan in K. Subramani Vs.K. Damodara Naidu [Crl Appeal No; 2402/2014 ] acquitted the accused (for an offence U/S 138 of Negotiable Instrument Act) by accepting the trial Court verdict which held that that the complainant had no source of income to lend a sum of Rs.14 lakhs to the accused and he failed...

The Judicial Conscience of India, Justice V.R. Krishna Iyer turns 100

Justice V.R. Krishna Iyer, the man who is considered as the “judicial conscience of India”, the one responsible for “humanizing law in India”, turned 100 this month, achieving milestones and setting new ones, throughout the journey.Our country has had several intellectually enlightening judges. Their opinion and insight has sculptured the progression of justice in the country. But...

Showing undue sympathy by imposing inadequate sentence would do more harm to justice system: Supreme Court [Read the Judgment]

A Supreme Court Bench comprising of Justice M.Y. Eqbal and Justice Shiva Kirti Singh, while setting aside an order of Madhya Pradesh High Court observed, "Undue sympathy by means of imposing inadequate sentence would do more harm to the justice system to undermine the public confidence in the efficacy of law and the society cannot endure long under serious threats. If the courts do not...

Names of non-cricketers in Mudgal Panel report be made public: Supreme Court

The Supreme Court of India has directed that the findings of the Mudgal Panel, as far as they relate to the non-cricketers be made public. The Mudgal Panel, which was empowered by the Supreme Court to investigate the spot-fixing in 6th edition of the Indian Premier League had submitted its final report to the Supreme Court recently.Earlier, the Apex Court had put forward a question, asking if...

SC orders Bihar and Chhattisgarh to trace missing children within a month; directs MP Chief Secretary to appear on November 20

A Supreme Court bench comprising of Chief Justice H.L. Dattu, Justice A.K. Sikri and Justice Arun Mishra directed the Bihar and Chhattisgarh Governments to trace the missing children in their States within a month. It said that it would take two states at a time to examine whether they have complied with its directions.The Bench showed satisfaction with the efforts taken by the Bihar...

CJI H.L. Dattu urges High Courts to fill up vacancies expeditiously, giving representations to all sections of society

In a letter to all Chief Justices and Acting Chief Justices of the High Courts, Chief Justice of India, H.L. Dattu has urged urgent filing up of vacancies in the High Courts, in order to handle the menace of backlog of cases, plaguing the Indian judiciary for decades now.The letter attributes the cause for the ever-mounting backlog of cases to High Court vacancies, which form one third of...

Law Commission of India invites comments on adopting "Shared Parenting" in India

Contemplating over the viability of adopting the concept of shared parenting in India, the Law Commission of India has released a "Consultation Paper on Adopting a Shared Parentage System in India". The paper puts down 12 questions for consideration with regard to the concept of shared parenting and invited suggestions and comments.The paper notes, "The idea of shared parenting is still new...

It is difficult to lay down any straitjacket approach in the matter of sentencing discretion by the courts; Section 31 Cr.P.C. leaves full discretion with the Court to order sentences concurrently or consecutively

This appeal arises out of the judgment dated 27.11.2013 of the High Court of Kerala which confirmed the conviction and sentence imposed on the appellant/1st accused under Sections 498A Indian Penal Code (IPC) (Husband or relative of husband of a woman subjecting her to cruelty) and 306 IPC (Abetment of Suicide).The trial court convicted the appellant/1st accused under Section 498A IPC...

SC quashes age limit of 45 for enrolling as lawyers [Read Judgment]

A Supreme Court Bench comprising of Chief Justice H.L. Dattu and Justice A.K. Sikri, on Tuesday, quashed a batch of appeals filed by various Bar Councils, ruling against the rule that set an upper age limit for law graduates to enroll as lawyers. These rules prescribed 45 as the upper age limit for enrolment as advocates.The Bench observed, “How can this be done? Lot of people enroll as...