Legislature Cannot Directly Overrule A Judgment ; But Can Retrospectively Remove Its Foundation To Make It Ineffective : Supreme Court

While upholding the validity of the Assam Community Professional (Registration and Competency) Act, 2015, the Supreme Court examined the scope of powers of legislature to overrule a judgment.The bench of Justices B R Gavai and B V Nagarathna made the following observations in the judgment:(1) The Legislature cannot directly overrule a judicial decision. But when a competent...

Custodial Torture | DK Basu Guidelines Can't Stop Highhanded Cops : Singhvi Urges Supreme Court To Pass Additional Safeguards

Senior Advocate Dr.Abhishek Manu Singhvi, who is the amicus curiae in the landmark case DK Basu vs State of West Bengal, has requested the Supreme Court to pass additional guidelines to prevent abuse of arrest powers and custodial torture.On January 24, he agreed before a bench comprising Justices Dinesh Maheshwari and Bela M Trivedi to submit a comprehensive note detailing the...

Contradictory Reports By Two Investigation Agencies In UP About MBBS Student's Death: Supreme Court Orders Further Investigation By CBI

The Supreme Court has directed CBI to conduct further investigation into unnatural death of an MBBS Student in 2017.Anadi Dixit had lodged the First Information Report after the unnatural death of his daughter who was enrolled in an educational institution pursuing MBBS course. Initially, two persons were arraigned as accused for commission of offences under Section 306/201 of the Indian...

Supreme Court Weekly Digest With Nominal And Subject/Statute Wise Index [January 16 – 22, 2023]

SUBJECT WISE INDEX Arbitration 12 month’s time limit under Section 29A Arbitration Act not applicable to international commercial arbitration. TATA Sons Pvt. Ltd. v. Siva Industries and Holdings Ltd., 2023 LiveLaw (SC) 39 Bail Process of criminal law not for money recovery; Bail can be granted irrespective of payment of money involved. Bimla Tiwari v. State of...

Judiciary Should Have Judges With Alternative Life Experiences; Now Most Judges Are Upper-caste Heterosexual Men : Saurabh Kirpal

Senior Advocate Saurabh Kirpal, whose appointment as a judge was objected to by the Central Government on the ground of his sexual orientation, opined that it is important to have judges with different life experiences in the bench, so that the judiciary represents the social diversity.Kirpal pointed out that the judiciary is mostly composed of upper caste, heterosexual men, who would be having...

74th Republic Day : Lets Build A 'Constitutional Democracy' And Not A Mere 'Democracy'

Thucydides, a well-known Greek historian, criticised democracy by opining that democratic governments failed miserably “in the search for the truth." He believed that democracies produced demagogues who could sway public opinion with their rhetoric and rabble-rousing oratory skills, imposing their own interpretations of the truth on the masses. He further argued that this led to a failure of epistemic knowledge, leading citizens to believe in “silly things about their own past." What was...

Can Registry Refuse To Register Curative Petition Merely Because Review Petition Was Heard & Dismissed In Open Court? Supreme Court To Examine

Can the Supreme Court registry refuse to register a curative petition on the ground that the review petition was heard and dismissed in open Court? The Supreme Court has agreed to examine this issue. The bench of Justices Aniruddha Bose and Sudhanshu Dhulia appointed Senior Advocate Raju Ramachandran as Amicus Curiae in this matter.Brahmaputra Concrete Pipe Industries had filed some...

European Parliament Member Expresses Concerns About Human Rights Violations In India; Says 'True Democracy Can't Fall Into Authoritarian Rule'

While the coming into force of the Constitution marks an important moment in the history of India, the celebrations of this day are shadowed by urgent human rights violations in the country, said Finnish Green League politician and member of the European Parliament, Alviina Alametsä. Revealing that as the standing rapporteur for India in the European Union’s law-making body, she...

Courts Today- A Daily Round Up Of Important Legal Developments- 25.1.23

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SC Collegium Recalls Proposal To Elevate Justice Jaswant Singh As Orissa HC CJ; Instead Recommends Elevation As Tripura HC CJ

The Supreme Court Collegium in its meeting held on 25 January 2023, on reconsideration and in supersession of its earlier recommendation dated 28 September 2022, has recommended elevation of Shri Justice Jaswant Singh, Judge, Orissa High Court as Chief Justice of the Tripura High Court.The earlier recommendation, made as per resolution dated September 28, 2022, was to appoint Justice...

You Want To Send Teesta Setalvad Back To Custody After 7 Years Of Bail? Supreme Court Asks CBI, Gujarat Govt

The Supreme Court on Wednesday orally asked the CBI and the Gujarat government whether they want to send social activist Teesta Setalvad and her husband Javed Anand back in custody despite the two having been out on bail for over seven years.Senior Advocate Kapil Sibal appearing for Setalvad submitted a note before the bench of Justices SK Kaul, AS Oka and BV Nagarathna stating, “we...

Tamil Nadu Has Over 38K Temples, Impossible To Form Trustee Committees Led By Retired Judges For All Temples : State Tells Supreme Court

The State of Tamil Nadu has filed its counter affidavit in the SLP preferred by Hindu Dharma Parishad seeking appointment of Arangavalar Committee (Trustee Committee) in all Hindu Temples headed by Retired Judge and with a social activist, a devotee, a Scheduled Caste person and a woman as its Members.The State’s Counter Affidavit submits that the grounds raised by the petitioners in...