Revamp Bar Exam To Test Analytical Skills; Evolve System For Juniors To Find Chambers: Supreme Court Suggests To BCI

The Supreme Court, on Tuesday, heard the submissions made by the Counsels in the plea challenging the judgment of the Gujarat High Court, which allowed persons with other employment, whether full time or part time to enroll as Advocates, without resigning from their jobs. On a previous occasion, the Court had asked the Bar Council of India ("BCI") to introspect on the present mechanism...

Supreme Court Pulls Up Police For Arresting Accused Without Following Section 41A CrPC

The Supreme Court recently deprecated the act of police officer for arresting an accused without complying with provisions under Section 41 (A), CrPC and also when the bail application was pending before the top court.The bench of Justices Ajay Rastogi and AS Oka frowned upon this act while considering a SLP assailing Bombay High Court's order of rejecting the petitioner's...

OROP Case : Doctrine Of Legitimate Expectation Can't Be Invoked Based On Minister's Statement & Parliamentary Committee Report - Supreme Court

The Supreme Court on Wednesday upheld the Union Government's "One Rank One Pension" ("OROP") Scheme in Defence Forces. As per the said scheme, uniform pension is to be paid to armed services personnel retiring in the same rank with the same length of service, irrespective of the date of retirement and the rates of pension would be revised at periodic intervals. The petitioners...

No Parity Can Be Claimed Based On Regularization Of Services Made In Earlier Years : Supreme Court

The Supreme Court observed that the date from which regularization of services has to be granted is is a prerogative of the employer and that no parity can be claimed based on regularization made in respect of earlier years.Some employees of Ajmer Vidhyut Vitran Nigam Ltd. approached the Rajasthan High Court seeking regular pay scale with effect from 01.04.1983 instead of 01.04.1989 by...

Puzzling To Say Hijab Is Inconsistent With Freedom : Professor Farrah Ahmed On Karnataka High Court's Judgment

It is very puzzling to hold that wearing of hijab is inconsistent with freedom, said Ms.Farrah Ahmed, Professor in Melbourne Law School, Australia, while speaking at an online discussion on the Karnataka High Court's judgment in the hijab case."For me, it is very puzzling for anybody to say that wearing a hijab or wearing a headscarf is inconsistent with your freedom", she said. ...

Why Justice Dalveer Bhandari's Vote At ICJ Should Not Be Linked To India's Position On Russia-Ukraine Conflict?

The International Court of Justice (ICJ) at the Hague, Netherlands, on Wednesday directed Russia to immediately halt its military operations in Ukraine in a 13-2 judgement with India's nominee at the ICJ Justice Dalveer Bhandari joining the majority. Justice Bhandari's vote in favour of indication of provisional measures against Russia has been perceived by few to be in conflict with India's official stance at the United Nations (UN) regarding the ongoing Ukraine-Russia conflict. India has...

BREAKING| No General Application For Directions Barring Media Reporting Of POSH Cases : Bombay High Court Clarifies

Over five months after the Bombay High Court issued certain guidelines barring media reporting and uploading of judgements to maintain anonymity of parties, the bench clarified that its directions were 'case specific' not applicable to all matters under the Protection of Women from Sexual Harassment (POSH) Act 2013 and Rules. Justice Gautam Patel acknowledged that it was...

Bidder/Tenderer Cannot Challenge Bid Condition/Clause Merely Because It Is Not Convenient To Him: Supreme Court

The Supreme Court observed that a bidder/tenderer cannot be permitted to challenge the bid condition/clause which might not suit him and/or convenient to him.Owner should always have the freedom to provide the eligibility criteria and/or the terms and conditions of the bid unless it is found to be arbitrary, mala fide and/or tailor made, the bench comprising Justices MR...

[Asaram Minor Rape Case] Supreme Court Stays Rajasthan High Court's Order To Summon IPS Officer Ajay Pal Lamba As Court Witness

The division bench of Supreme Court has stayed the Rajasthan High Court's order to summon IPS Officer Ajay Pal Lamba for recording his evidence as a court witness in connection with Asaram's appeal challenging his conviction by lower Court in a minor's rape case. Justice Indira Banerjee and Justice J.K. Maheshwari, ordered, "Issue notice returnable in three weeks. In the...

CJI Ramana Meets UAE Law Minister; Discusses Issues Of Pending Extraditions, Consular Access To Indian Prisoners

The Chief Justice of India NV Ramana on Thursday said that he had a discussion with the Law Minister of the United Arab Emirates regarding the pending extradition orders and consular access to Indians in UAE prisons.The CJI was speaking at the felicitation ceremony organised by the Indian Community at Indian Cultural and Social Centre, Abu Dhabi."Today we discussed with the UAE Law Minister...

Dispute Concerning Exemption U/Sec 87 Customs Act Cannot Be Equated With Dispute In Relation To Rate Of Duty: Supreme Court

The Supreme Court observed that an appeal under Section 130(2) of the Customs Act will be maintainable before the High Court if the impugned order relates to claim of exemption under Section 87 of the Act.Dispute concerning an exemption cannot be equated with a dispute in relation to the rate of duty, the bench comprising Justices MR Shah and BV Nagarathna observed.In this case, the CESTAT...

Court Fees Act, 1870 : Ad Valorem Court-Fees Is Payable On Amount Claimed In A Money Suit For Compensation And Damages: Supreme Court

The Supreme Court observed that, under Section 7(i) of the Court Fees Act, 1870, ad valorem Court-fees would be payable on the amount claimed if the suit is a money suit for compensation and damages.It is only with respect to the category of suits specified in clause (iv) of Section 7 of the Act that the plaintiff has the liberty of stating in the plaint the amount at which relief is valued...