Supreme Court Collegium Recommends Transfer Of 4 Gujarat HC Judges Including Judge Who Refused To Stay Rahul Gandhi's Conviction

The Supreme Court Collegium has recommended the transfer of four judges of the Gujarat High Court to other High Courts.Among the judges proposed to be transferred is Justice Hemant M Prachchhak who had refused to stay the conviction of Rahul Gandhi in the defamation case over his 'Modi Thieves' remark. The list also includes Justice Samir Dave who had had recently recused from hearing...

S.482 CrPC | Criminal Antecedents Of Accused Cannot Be The Sole Consideration To Decline To Quash Criminal Proceedings: Supreme Court

The Supreme Court observed that the criminal antecedents of the accused cannot be the sole consideration to decline to quash the criminal proceedings."An accused has a legitimate right to say before the Court that howsoever bad his antecedents may be, still if the FIR fails to disclose commission of any offence or his case falls within one of the parameters as laid down by this Court in the...

CJI DY Chandrachud Announces Construction Of New Supreme Court Building, Says Ground Floor Dedicated To SCBA, SCAORA

During the constitutional hearings concerning the challenge to the abrogation of Article 370, Chief Justice of India Dr DY Chandrachud announced that a new building facility for the Supreme Court was presently under construction. He stated that the building will be positioned behind the existing building and will house various essential components.The ground floor of the upcoming building will...

'Crime Committed Against Bilkis Bano Part Of Communal Violence Targeting Members Of One Community' : Indira Jaising Tells Supreme Court

The brutal gang-rape of five-months-pregnant Bilkis Bano and the murders of her family members including kids amidst the 2002 Gujarat riots was a ‘crime against humanity’, Senior Advocate Indira Jaising told the Supreme Court on Thursday. The senior counsel said: “India follows the dual system of international law. A treaty is not binding on India unless it is ratified...

Nuh-Gurugram Demolitions: Bench Of Punjab & Haryana High Court Hearing Suo Motu Case Changed Ahead Of Hearing Tomorrow

The Punjab & Haryana High Court bench hearing the suo motu case against Nuh and Gurugram demolitions has changed ahead of its hearing tomorrow. A bench of Justices Arun Palli and Jagmohan Bansal will be hearing the matter on August 11th.On Monday (7th August) the suo motu case was taken by a bench of Justice G.S Sandhawalia and Justice Harpreet Kaur Jeevan, where the High Court had stayed...

Article 370 Case | Jammu & Kashmir's Surrender Of Sovereignty To India Was Absolutely Complete, Says Supreme Court During Hearing[Day 5]

The Court remarked that the restrictions on the law making power of the Parliament cannot be construed as dilution of India's sovereignty.

75% Eligibility Condition For Admission To Sports Quota 'Unwarranted & Discriminatory': Supreme Court

The Supreme Court on Wednesday(August 9) held that the requirement of minimum 75% in the qualifying examination imposed by the PEC (Punjab Engineering College) University of Technology for admission through the sports quota, i.e. 2% of intake of students, was ‘discriminatory’ and violative of Article 14 of the Constitution.A division bench of Justice S Ravindra Bhat and Justice Aravind...

Madras High Court Judge Acts As Whistleblower; Declares As Illegal HC Order Transferring Trial Of Corruption Case Against TN Minister

In an extraordinary and unprecedented move, the Madras High Court on Thursday passed an order raising doubts at the manner in which District Judge Vellore passed the judgment acquitting Tamil Nadu Minister Ponmudy and his wife in a disproportionate assets case.Justice Anand Venkatesh exercised suo motu revision powers to hold that the transfer of the case against the Higher Education...

NI Act | In Cheque Case Against Company, Persons Can't Be Made Accused Only Because They're Managing Company's Business : Supreme Court

The Supreme Court recently held that under Section 141 of the Negotiable Instruments Act, 1881, a person will become vicariously liable when a company is accused of the offence under Section 138 (Dishonour of cheque for insufficiency of funds ) of the Act, only if such a person was "in charge of" and was "responsible to the company for the conduct of the business of the company" at the time...

When Adverse Possession Is Claimed Over Government Land, Courts Must Act With Greater Care : Supreme Court

The Supreme Court, while placing its reliance on the decision of State of Rajasthan v. Harphool Singh (2000) 5 SCC 652, opined that when the disputed land, claimed by way of adverse possession, belongs to the government, the nature of enquiry by the Court must be more serious and effective. “When the land subject of proceedings wherein adverse possession has been claimed, belongs to...

Manipur High Court Issues Notice To Union, State, Army & Assam Rifles Officials On Meitei Group's Contempt Petition

The Manipur High Court has issued notice to the officials of Union Government, State Government, State Police, Army and the Assam Rifles on a contempt petition filed by International Meeteis Forum. The Forum has alleged that the authorities violated the order passed by the High Court on August 3 as per which they were bound to maintain status quo at the site were mass burial of Kuki-Zo...

‘Neither Transparent, Nor Efficient’: SCAORA Opposes Newly Adopted Procedure For Mentioning Urgent Matters

The Supreme Court Advocates-on-Record Association (SCAORA) has urged the Chief Justice of India to change the newly adopted mechanism for mentioning urgent matters in the Supreme Court. Ahead of the resumption of normal court functioning after the annual summer break in July, the top court notified a major change in the previous system of mentioning. Among other things, the practice...