'Not A Mute Spectator' : Suo Motu Cases Taken By Supreme Court In 2021

'Suo motu' is a Latin term which means 'on its own motion'. When the Court takes suo moto cognisance of an issue, it institutes a case on its own accord by taking cognisance of a public issue. At times, the Court's suo motu actions will be based on letter petition, media reports etc. When the COVID-19 pandemic and plight of those in distress had evoked a feeling of helplessness and...

How Supreme Court Protected Rights Of Disabled In 2021

As per the Census of 2011 there are 2.68 crore persons with disabilities in India who constitute 2.21 percent of population out of which 1.50 crore are male and 1.18 crore are female.In our country, persons with disabilities constitute a minority group who live in an extremely vulnerable and disadvantaged political, social and economic environment. They are often disfavoured because of...

100 Major Supreme Court Judgments Of 2021 [Part 3, Judgments 76 -100]

This is the third part of the article covering 100 major Supreme Court judgments of 2021. The first part covered 52 judgments delivered from January to June. The second part included judgments(53-75) delivered from July to October. The third part will cover judgments (76-100) from October to December. Read the first part here and the second part here.76. National Green Tribunal Has Suo...

Popular Majority Not A Defence For Arbitrary Actions Of Govt; Functioning Of Democracy Unthinkable Without Judicial Review : CJI Ramana

A popular majority is not a defence for arbitrary actions of the Government, said Chief Justice of India NV Ramana, while underscoring the importance of all wings of the state acting within their constitutional limits.Speaking at a public event at Vijayawada, the CJI also criticized the tendencies to brand judicial review as "judicial overreach". He said that without judicial review,...

Supreme Court Lawyers Write To CJI To Take Suo Moto Cognizance Of Hate Speeches Allegedly Calling For Genocide Of Muslims Given In Haridwar & Delhi- Read Letter

76 Supreme Court Lawyers have sent a letter to Chief Justice of India NV Ramana highlighting the two separate events organised in Delhi (by the Hindu Yuva Vahini) and Haridwar (by Yati Narsinghanand) on 17th and 19th December 2021 wherein hate speeches consisting of open calls for genocide of Muslims in order to achieve ethnic cleansing were made.They have urged the CJI to take suo...

NEET & Medical Admissions Counselling : Supreme Court Interventions In 2021

2021 was a year where a lot of writ petitions were filed in the Supreme Court seeking various reliefs with regard to the National Eligibility cum Entrance Test(NEET) and counselling process for medical courses across the country. Let's have a look at how the Top Court dealt with them.DECIDED ISSUES :Centre Defers NEET-SS Exam Pattern Changes To 2022-2023 After Supreme Court RapFaced with...

'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...