'Judges Themselves Appointing Judges' A Widely Propagated Myth; Judiciary Merely One Of The Players In Appointment Process : CJI Ramana

Seemingly responding to the criticisms against the collegium system, Chief Justice of India NV Ramana said at a public event that judiciary is only one of the several players involved in the process of judicial appointments and that "judges are themselves appointing judges" is a widely propagated myth."It is nowadays fashionable to reiterate phrases such as, "judges are themselves...

2021 Supreme Court Digest On Negotiable Instruments Act

1. Moratorium Under Section 14 IBC Covers Section 138 NI Act Proceedings Against Corporate Debtor For Cheque DishonourIn P Mohanraj and others v M/s Shah Brothers Ispat Ltd, the Supreme Court held that the declaration of moratorium under Section 14 of the Insolvency and Bankruptcy Code(IBC) covers criminal proceedings for dishonour of cheque under Section 138 of the Negotiable Instruments...

If Rule Of Law Is Not Present In Any Nation Anarchy Reigns: Chief Justice NV Ramana

Speaking at an event where he was conferred with a Lifetime Achievement Award by the Rotary Club of Vijayawada Chief Justice N.V.Ramana spoke about the importance of Rule of Law in a democracy.CJI said that the Rule of Law is fundamental for democracy and urged lawyers, judges, and other members of the audience to educate people on its importance. "If Rule of Law is not present in...

2021-The Year in Review: Judicial Appointments and Transfers

One of the highlights of the year for the Judiciary as an institution has been the recommendation of 9 judges to the Supreme Court of India. The Supreme Court Collegium recommendation, coming in after a year and a half, paved the way for the elevation of 9 high court judges and practicing lawyers as judges of the Apex Court. Apart from the record-high number of recommendations- the highest so...

AP (Telangana Area) Tenancy and Agricultural Lands Act- After Grant Of Ownership Certificate In Terms Of Section 38­E Protected Tenants Are Deemed To Be Owners: SC

The Supreme Court recently upheld the view taken by the Telangana High Court in which the High Court had observed that after the grant of ownership certificate in terms of Section 38­E of the Tenancy Act, the protected tenants are deemed to be owners.It was also observed that once the protected tenants were deemed to be owners, there could not be any occupancy rights certificate as...

Omicron Spread: Lawyer Moves Supreme Court Seeking Strict Guidelines For Adherence To Covid Protocols During Upcoming State Elections

In the wake of the emergence of the Omicron variant of Covid 19, a lawyer has moved the Supreme Court of India seeking directions to the Election Commission of India to issue strict guidelines, policies, and directions for the practical enforcement and adherence to Covid-19 protocols during the upcoming state elections.Further directions have been sought to instruct and order the...

Taj Trapezium Zone- No Industrial Units Shall Be Cleared By UP Govt. Till Sectorial Guidelines Are Obtained from NEERI: SC Clarifies Previous Order

The Supreme Court has further clarified its December, 2019 order by which it lifted the status quo as regards construction, industrial activities and felling of trees in the Taj Trapezium Zone, in so far as the order required concurrence with the Central Empowerment Committee and opinion of NEERI.The top court on March 22, 2018, had ordered status quo concerning granting of ECs to...

127 Dead, 250 Injured – A Case For Securing Our Courts

After almost a year spent in lockdown due to the pandemic, which had derailed almost every industry and government body from their normal functioning, the courts of the country had just started pivoting with resumption of physical hearings. However, on the fateful day of 24th September, 2021, the Rohini District Court, Delhi shook and echoed with frightened screams and a series of loud gunshots. Within a fraction of seconds, the situation became so chaotic that it was nothing less than a...

Kolkata Municipal Elections: Calcutta HC Directs State Election Commission To Preserve CCTV Footage, Diaries Of Election Officials, Voters' Registers Due To Alleged Violence

The Calcutta High Court vide order dated December 23, 2021, directed the State Election Commission to to preserve CCTV footage of all polling stations of Kolkata Municipal Corporation Elections held on December 19, 2021. The State Election Commission was also directed to preserve the diaries of the presiding officer and register containing the thumb impression/signature of voters of all...

Supreme Court Monthly Digest: December 2021 [Citation: LL 2021 SC 696 To LL 2021 SC 764]

1. Rape Conviction Can Be Based On Sole Testimony Of Victim If Credible & Trustworthy, Reiterates Supreme Court [Case: Phool Singh v. State of Madhya Pradesh; Citation: LL 2021 SC 696] The Supreme Court reiterated that a rape accused can be convicted on sole testimony of prosecuterix if she is found to be credible and trustworthy. A bench comprising Justices MR Shah...

Delhi High Court: Annual Digest 2021

As the year 2021 is coming to an end, LiveLaw brings to you an yearly Round-up of important updates of the Delhi High Court. This yearly digest includes 180 orders and judgments, divided into 25 different subject heads.Criminal Law1. Commuting Life Sentence: Consent Of Central Govt. Mandatory U/S 435 CrPC, But Centre Can't Deny It Without Application Of Mind [Kartik Subramaniam v. Union...

"Will Covid Leave Period Of Convict's Parole Be Considered To Calculate His Period Of Actual Sentence?" : Supreme Court To Consider

The Supreme Court of India will consider the question of whether the Covid Leave period of parole of a convict can be considered for calculating his period of actual sentence or not. The Court will also consider if that period can be considered as the period already undergone by him or not by virtue of court's order in the suo moto case regarding Contagion of Covid 19 virus in prisons (whereby...