Being God’s agents, doctors should not go on strike; beyond this positive directions can’t be issued restraining them from striking: SC

A Supreme Court Bench headed by Chief Justice H.L. Dattu, while refusing to restrain doctors from going on a strike, stated, "Being god's agent, they should not go on strike. We can express our desire. Beyond that, positive directions cannot be issued particularly when we know it would be difficult to implement our order.”The Bench hoped that the saviours of life won’t resort to such...

The victim of the offence or the accused should not suffer for laches or omission of the Court; SC issues guidelines for Appellate Courts for dealing with the plea of non- compliance of S. 313 Cr.P.C [Examination of Accused]

A two Judge Bench of the Supreme Court in Nar Singh Vs. State of Haryana [Crl. Appeal No. 2388/2014] held that "the victim of the offence or the accused should not suffer for laches or omission of the court. Criminal justice is not one-sided. It has many facets and we have to draw a balance between conflicting rights and duties". The Court was considering the effect of non-compliance of...

Supreme Court suggests Life Imprisonment for Adulteration in Milk and Milk products

The case of Swami Achyutanand Tirth & Ors. Vs. Union of India & Ors. has been pending since 2012. The expose that has ensued due to Supreme Court orders is both disturbing and frightening. Milk is supposed to be a complete food. Everyone from children to adults drink it. Indians regularly consume it from their morning tea, use it in deserts, cooking etc.This case has brought to...

Sex work with dignity: Two sides to the debate

The debate today revolves around legalization of sex work. But how did India get to this debate? Consider the following a refresher- What is the current situation and how we got here:The Law:The primary law dealing with the status of sex workers was the Immoral Traffic (Suppression) Act (SITA) 1956. This was amended and the current law is the Immoral Traffic (Prevention) Act (ITPA)...

New BCI Rules released: Mandates renewal of licence every 5 years; restricts fresh advocates from practicing in SC

The new Certificate of Practice and Renewal Rules, 2014, as released by the Bar Council of India, disallow fresh lawyers from practicing in the Supreme Court. According to these rules, they will have to spend two years in a trial court and three years in High Court before they become eligible to practice in the Supreme Court.Addressing several issues which have put the legal profession under...

Apex Court dismisses petition by AAP urging polls in Delhi; shifts onus on Election Commission

A Supreme Court Constitution Bench headed by Chief Justice H.L. Dattu rejected Aam Aadmi Party’s plea demanding fresh elections in Delhi. The Court arrived at the decision after it was informed by the Centre that the Legislative Assembly has been duly dissolved.The Bench showed satisfaction with the way things are functioning in Delhi and asserted that it is the duty of the Election...

Women can be makeup artists orders Supreme Court, declares 5 year domicile clause unconstitutional [Read the Judgment]

"You better delete this clause on your own. Remove this immediately. We are in 2014, not in 1935. Such things cannot continue even for a day,", this is what the Supreme Court had said to Cine Costume Make-up Artists and Hair Dressers Association (CCMAA)on the last date of hearing. Yesterday, the Supreme Court struck down the provision putting restriction on women make-up artists and...

Supreme Court to solve Air India’s Pilots woes, asks Centre to clarify its intention on Dharmadhikari panel report

The Apex Court will now resolve the battle between Air India’s Pilots and Air India. Reportedly, the Bench of Justice Dave and Justice Kurian Joseph said, “How many times have we told you to sit together and solve all your disputes amicably. Such long-drawn battle is neither good for the management nor pilots. If things continue like this, the airline may have to close down. It is...

Senior Advocate makes shocking allegations in SC

During the hearing of a rent control matter, Senior Counsel Vikas Singh has made scathing allegations against a former judge.As per the reports of Times of India, Mr. Singh alleged that just a month before his retirement, a  former judge delivered a verdict on February 11 in a case involving the question that was raised unsuccessfully before various judicial forums by his sister.Singh...

Asking wife to have intercourse with other men amounts to cruelty: Bombay High Court [Read the Judgment]

Justice Sadhana Jadhav of the Bombay High Court, while upholding the conviction of a man charged under Section 498 (A) of the Indian Penal Code, held that forcing a woman to intercourse with other men and setting it as a condition for consummation of their marriage amounted to cruelty.The Court said, "P. W. 1 has deposed before the Court in her substantive evidence that her husband i.e....

India as Bharat ? Supreme Court dismisses PIL

The Supreme Court Bench of Chief Justice of India HL Dattu and Justice AK Sikri today declined to hear a public interest litigation which sought a direction from the Court to rename India as ‘Bharat’.The petition filed by Niranjan Bhatwal did not see favour with the Apex Court and the Court reportedly said, “You (Bhatwal) can come to us only after the authorities have responded to...

Supreme Court directs strict implementation of its directions relating to sound pollution in Re-Noise Pollution [(2005)5 SCC 733] [Read the Judgment]

The Bench of Justices Fakkir Mohamed Ibrahim Kalifulla and Abhay Manohar Sapre delivered a judgment on nuisance and sound pollution on November 7 and said, 'In our considered view, the Constitution, inter alia, casts a duty on the State and their authorities to ensure that every citizen's cherished rights guaranteed to him under the Constitution are respected and preserved, and he/she is...