Courts This Week- A Weekly Round Of Important Legal Developments In The Country [Episode-121]

...

What The Dark Clouds Bring – Just Not Storm But Rain!

On June 13, Sriram Panchu wrote an article, for The Wire, captioned ' Thanks to Our Judges, Darkness Now Clouds India's Mediation PlayingField', Mr. Sriram is truly a shining star in the mediation firmament that dark clouds cannot still dim his effulgence. He writes with compelling logic and if he alludes to the higher judiciary as casting dark clouds, it cannot be brushed easily. Normally, one would believe that he has cross checked on facts about what he writes and therefore,...

Demolitions Not Punitive Actions Against Rioting But For Violations; Due Process Of Law Followed : UP Govt Tells Supreme Court

The State of Uttar Pradesh has submitted before the Supreme Court that the recent demolitions carried out in Kanpur and Prayagraj were done by Local Development Authorities strictly in accordance with the Uttar Pradesh Urban Planning and Development Act, 1973. The submissions have been made by the State through its affidavit filed response to the applications filed by Jamiat...

Posting Anticipatory Bail Plea After 2 Months Can't Be Appreciated : Supreme Court Criticises High Court

Stating that "in a matter involving personal liberty, the Court is expected to pass orders in one way or other taking into account the merits of the matter at the earliest", the Supreme Court has observed that "posting an application for anticipatory bail after a couple of months cannot be appreciated". The bench of Justices C. T. Ravikumar and Sudhanshu Dhulia was hearing an SLP against a June...

State Constitution Does Not Provide A Fundamental Right To Abortion: lowa Supreme Court

The Supreme Court of the State of Iowa (in the United States of America) has held that the State Constitution is not a source to claim abortion as a fundamental right. In holding so, it has overruled its own decision rendered four years back in Planned Parenthood of the Heartland v. Reynolds (PPH II) (2018) ('PPH II'), wherein it was ruled that right to abortion is a fundamental right...

Explainer : How The President Of India Is Elected?

As the term of office for President Ram Nath Kovind is ending on July 24, an election to fill this impending vacancy will be held on July 18. Over a week after the announcement of the upcoming Presidential Election by Chief Election Commissioner Rajiv Kumar, the aspiring candidates have started seeking nomination for the forthcoming Presidential elections 2022. As per the information issued...

Supreme Court Quarterly Digest 2022- Labour & Service Laws (Jan-March)

Administrative Law - Natural Justice - Importance of natural justice and an opportunity of hearing to be afforded to the affected party in any administrative or quasi­ judicial proceedings. (Para 28) Esteem Properties Pvt. Ltd. v. Chetan Kamble, 2022 LiveLaw (SC) 226 Administrative Law - Natural Justice - Importance of natural justice and an opportunity of hearing to be afforded to...

Karnataka High Court Quarterly Digest: January To March 2022 [Citations 1 - 97]

Nominal Index: PS Mohan v. State Of Karnataka. 2022 LiveLaw (Kar)1 Dr. R. Chandrashekara v. State Of Karnataka. 2022 LiveLaw (Kar) 2 Malappa @Malingaraya v. State of Karnataka. 2022 LiveLaw (Kar) 3 Anish Mohammed Rawther v. The Deputy Director, Enforcement Directorate. 2022 LiveLaw (Kar) 4 Chepudira Madaiah v. Mallengada Chengappa. 2022 LiveLaw (Kar) 5 Bandenawaj v....

CJI Ramana Calls For Balance In Geography Of International Arbitration Between Developed & Developing Countries

On Tuesday, in his inaugural address delivered at the Annual Meet of Indo-German Chamber of Commerce on "Arbitration in a Globalised World - The Indian Experience" at Dortmund, Germany, the Chief Justice of India, N.V. Ramana highlighted the significance of balancing the geography of international arbitration, which is at present concentrated around places like Singapore, London, Paris...

Growing Litigious Trend In Country Indicates Lack Of Patience In Political Discourse : Justice Chandrachud

Highlighting that the Courts cannot be a "one stop solution" to resolve complicated issues of society and policy, Supreme Court judge Justice DY Chandrachud said that a democratic society must resolve issues through public deliberation, discourse and the engagement of citizens with their representatives and the Constitution"The use of the court as the first line of defence to solve...

State Vigilance Department Can't Be Completely Exempted From Operation Of RTI Act: Orissa High Court

In a significant decision, the Orissa High Court has held that the Vigilance Department of the State cannot be completely exempted from the operation of the Right to Information Act, 2005 ('RTI'). It directed that information pertaining to allegations of corruption and human rights violations and also information pertaining to activities undertaken by the Department, which are not...

PIL Challenging Agnipath Scheme To Be Listed Only After Placing Before CJI : SC Vacation Bench Tells Petitioner

The Supreme Court on Tuesday said that the PIL preferred by Advocate Harsh Ajay Singh seeking issuance of directions to the Center for reconsideration of Agnipah recruitment scheme could be listed only after it is placed before the Chief Justice of India.While the vacation bench of Justices CT Ravikumar and Sudhanshu Dhulia was about to rise for lunch, teh counsel for the petitioner urged...