Cabinet approves Bill for National Judicial Appointment Commission

The Union Cabinet has paved way for providing Constitutional status to the National Judicial Appointment Commission which proposes to provide equal say and veto power to the Judiciary as well as the Executive in matters pertaining to appointment of Judges. A Constitutional Amendment Bill which provides for such a change in the system has been cleared by the Cabinet.Earlier, the Government...

Supreme Court quashes complaint about Tata Steel ex-MD [Read the Judgment]

In a major relief for former Tata Steel Joint managing director and Tata Sons director JJ Irani, the Supreme Court on Friday quashed criminal proceedings in a 25-year-old fire case in Jamshedpur where 60 persons were killed and 113 injured. The Apex Court in the case J.J. Irani v. State of Jharkhand held that complaint is being barred by limitation as it was filed three months after the...

Law Commission recommends major changes to Arbitration and Conciliation Act

The 246th Law Commission of India Report titled, ‘Amendment to the Arbitration and Conciliation Act, 1996’ suggests some major changes to the Arbitration and Conciliation Act.The report seeks to find an appropriate path and balance between judicial intervention and judicial restraint.The Commission has recommended the addition of Explanation 2 to section 11(6A) of the Act hoping that...

Petition demands non-implementation of 498-A as it stands repealed in 1988; challenges Constitutional Validity of proceedings under 498-A IPC

A writ petition has been filed in the apex Court of the country, seeking a declaration that Section 498A of IPC is non-existent, redundant and non-operational in law and hence, proceedings, prosecution and conviction under the said section is unconstitutional, ultra vires, arbitrary, void and illegal after the Repealing and Amending Act, 1988.It submits that an FIR charge-sheeted under a...

SC Petition demands extension of time limit for abortion

A petition has been filed in the apex Court, demanding an increase in the limit on abortion from 20 to 28 weeks. One of the petitioners is Dr. Nikhil Datar who had earlier supported his patient, Nikita Mehta for abortion after a cardiac arrest was detected in the foetus in the 24th week of gestation.Datar asks, "If Indian law allows a doctor to terminate pregnancy if its continuation poses...

Breaking; S.19 of Prevention of Corruption Act cannot be declared Unconstitutional, but Parliament must consider restructuring Section 19 of the PC Act to make mandatory disposal of Sanction Application within 3 months; SC

A two Judge Bench of the Supreme Court today dismissed a Public Interest Litigation, seeking direction to declare Section 19 of the Prevention of Corruption Act, 1988 unconstitutional and to direct prosecution of all cases registered and investigated under the provisions of PC Act against the politicians, M.L.As, M.Ps and Government officials, without sanction as required...

The Judgment in Dashrath Rupsingh Rathod regarding the Territorial Jurisdiction in Cheque Bouncing Case is Prospective only ; the category of cases where proceedings have gone to the stage of Section 145(2) or beyond will continue in the Courts where it is now pending;

The Three Judge Bench Judgment  in Dashrath Rupsingh Rathod Vs. State of Maharashtra & Anr. which held that a Complaint of Dis-honour of Cheque can be filed only  to  the  Court  within  whose  local jurisdiction the offence was committed, which  is where the cheque is dishonoured by the bank on which it is drawn - will not affect the pending Cases where proceedings have gone to...

Delhi HC issues notice on a PIL filed by Prof. Shamnad Basheer, seeking overriding powers of RTI Act against other Statutes and for declaring S.144 of Patent Act ultravires [Read the Petition]

Delhi High Court today issued notice in a Public Interest Litigation filed by Prof. Shamnad Basheer, founder of SpicyIP and leading academician in the country, with path-breaking research in the field of Intellectual Property Rights, praying inter alia to declare that the mechanism under the Right to Information Act, 2005 overrides all other mechanisms under any other statute or rule...

Human Rights Commissions are the hub of post-retirement posts for retired Judges; SC

Withering on Human Rights Commissions ,the Supreme Court  today observed that the Human Rights panel in Centre or States  are  merely becoming  the hub of post-retirement posts for retired judges. According to the court, these panels neither have penal enforcement power nor theyare able to protect rights of the people.This statement came after Abhishek Manu Singhvi,  senior advocate...

Supreme Court’s Forest Bench agrees to work on Weekends and Holidays to clear pending Environment Cases

In the wake of pending environment cases, the Forest Bench of the Supreme Court yesterday agreed to work on Holidays to clear Environment Cases.The forest bench laid down schedule for the environment cases for the next two months. The bench will sit for three days during Dussehra holidays to hear mining cases relating to Haryana and Rajasthan.The three-judge forest bench comprising of Justice...

Justice Manjunath under scanner for land deal

Allegations are ripe against Karnataka High Court Judge K.L. Manjunath, who has been recommended by the Supreme Court collegium for appointment as the Chief Justice of Punjab and Haryana High Court. It has been alleged that he illegally bought a plot from a housing society in 2004 and also presided over the cases involving the society.Even Shanti Bhushan has voices his opinion against...

Authority of a Lawyer to Compromise on behalf of Client, Supreme Court reiterates the principles [Read the Judgment]

Whether the endorsement of the Government pleader, accepting the compromise memo filed by a opposite party in a Section 34 proceedings under the Arbitration and conciliation Act,1996,  is binding on the Government/Client was the issue before the Court.Three Arbitration awards were challenged by the State of Tamil Nadu by  filing  three petitions under Section 34 of the Act, seeking to...