Writ Petition Not Maintainable When Civil Suit For Same Relief Was Withdrawn Without Liberty To File Afresh : Supreme Court

The Supreme Court, recently, held that a writ petition, filed pursuant to withdrawal of a civil suit for the same relief when liberty is not granted to file afresh, is not maintainable. It reiterated that the principles of constructive res judicata laid down in Order 23 Rule 1 Code of Civil Procedure, 1908 would also apply to writ proceedings. A Bench comprising Justice AS Oka and Justice...

'Sexual Acts Do Not Happen Only In Confines Of Marriage, Age Of Consent Has To Be Distinguished From Age Of Marriage': Bombay High Court

Raising concerns about the increase in criminal cases involving minors in consensual sexual relationships, the Bombay High Court called for a shift from a punitive approach towards adolescents’ sexuality to one that enables access to sexual and reproductive health services.“The mere apprehension that adolescents would make an impulsive and bad decision, cannot classify them under one...

Manual Scavenging | 'Generation After Generation These People Are Into This. What About Rehabilitation?' : Supreme Court Asks Centre

The Supreme Court on Thursday, while hearing a PIL on implementation of Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013 asked the Centre if any schemes for rehabilitation of manual scavengers have been put in place. The Division Bench of Justice Ravindra Bhat and Justice Aravind Kumar was hearing the matter. During the course of the hearing, Justice...

'Misconceived' : Supreme Court Dismisses PIL To Cancel IIT Faculty Appointments From 2008 For Allegedly Violating Reservation Norms

The Supreme Court recently dismissed a Public Interest Litigation (PIL) seeking to cancel faculty appointments in Indian Institutes of Technology (IIT) from 2008 to present for allegedly violating reservation norms. The PIL also sought for equal opportunity to be given to candidates from northern and Hindi speaking states in faculty positions at IITs across India.Terming the...

Supreme Court Pulls Up States and High Courts For Not Filing Compliance Report On Directions Issued On Motor Accident Compensation Claims

The Supreme Court on Monday urged the States and High Courts that had not filed their compliance reports in connection with a slew of directions issued by the Apex Court in December 2022 with regard to motor accident compensation claims to do so by August 14. The Court warned that if the reports are not submitted on time, the Court would have to insist on the presence of Registrar Generals of...

NGT Cannot Pass Directions Relying On Recommendations Of Expert Committee Without Giving Parties A Chance To Rebut It: Supreme Court

The Supreme Court recently held that the National Green Tribunal (NGT) being an adjudicatory body must comply with the principles of natural justice. It also held that if the NGT intends to rely on the report of an expert Committee or any other material that is brought to its knowledge, the concerned party must be informed of it in advance, and be given an opportunity for discussion...

Supreme Court Constitutes Expert Committee to Find a Solution for Unregulated Entry of Pilgrims into Core Areas of National Parks and Wildlife Sanctuaries

The Supreme Court of India on Wednesday set up a high-level panel to examine the environmental issues arising as a result of a large number of pilgrims visiting the temples located inside the core area of Rajasthan’s Sariska Tiger Reserve and directed them to furnish a report within six weeks. The bench held: “The perusal of an affidavit by the deputy forest conservator...

BREAKING| Supreme Court Gets Two More Judges : Centre Notifies Appointments Of Justices Ujjal Bhuyan & SV Bhatti

The President has appointed Justices Ujjal Bhuyan and SV Bhatti as judges of the Supreme Court. The Supreme Court collegium had recommended their elevation last week.Justice Bhuyan is at present the Chief Justice of Telangana High Court and Justice Bhatti is the Chief Justice of the Kerala High Court. With their appointments, the Supreme Court will have a strength of 32 judges out of...

Bar Association Undertakes To Not Obstruct Work Of Legal Aid Defence Counsel; Supreme Court Closes Contempt Proceedings

The Supreme Court on Monday closed the contempt proceeding initiated against the officer bearers of the Bharatpur Bar Association, Rajasthan, who had allegedly obstructed the work of legal aid defence counsel appointed by the Legal Services Authority. Previously, the Apex Court had stayed the letter issued by Bharatpur Bar Association Committee suspending three legal aid defence counsels...

District Judges Selection | Interviews Meant To Test Practical Understanding Of Candidates : CJI DY Chandrachud

Chief Justice of India Dr DY Chandrachud on Wednesday shared his experiences as a High Court judge while discussing the selection process for district judiciary candidates. The CJI's remarks came during a hearing before a constitution bench he was presiding, which was reviewing a set of petitions filed by eleven aspirants seeking selection as District judges in the State of Kerala.The...

Supreme Court Says Kerala HC Erred In Fixing Cut-Off For Viva-Voce In 2017 District Judge Selection; Refrains From Unseating Selected Candidates

A Constitution Bench of the Supreme Court on Wednesday held as illegal the process followed by the Kerala High Court in fixing a cut-off mark on the basis of viva-voce for the selection of District Judges in March 2017. The Court noted that cut-off was fixed by the High Court after the conduct of the viva voce, which was "manifestly arbitrary".The Supreme Court further noted that the...

Can Ineligible Person Appoint Arbitrator? Supreme Court Defers Hearing As Centre Is Considering Reforms To Arbitration & Conciliation Act

A Constitution Bench of the Supreme Court on Wednesday decided to defer for two months the hearing of a reference which raises the issue whether a person, who is ineligible to be appointed as an arbitrator, can appoint an arbitrator. The matter was listed before a bench comprising Chief Justice of India DY Chandrachud, Justice Hrishikesh Roy, Justice PS Narasimha, Justice Pankaj Mithal,...