Judiciary Cannot Sit And Just Think That Govt Knows Best About The Welfare Of People : Sr Adv Dushyant Dave

The judiciary should have intervened effectively and meaningfully in the early days of lockdown to ensure that it was done in an "organized, guided and just" manner, said Dushyant Dave, Senior Advocate and President of the Supreme Court Bar Association on Friday."It is inconceivable that even with all good objects, intentions and desires, the PM can take a decision that he will lock down...

SC Agrees To Hear Cyrus Mistry's Cross-Action Against NCLAT's Judgement, Tags With Appeals By Tata

The Supreme Court on Friday agreed to hear Cyrus Mistry's appeal against the National Company Appellate Tribunal's (NCLAT) judgement which had reinstated him as the Executive Chairman of Tata Group. By way of this cross-action appeal, Mistry has sought expansive relief against the Judgement.A bench of Justices AS Bopanna & Hrishikesh Roy tagged the appeal with Ratan Tata and Tata...

SC Issues Notice On Plea To Make Divorced Daughter Eligible For Freedom Fighter's Pension

The Supreme Court has issued notice on a Special Leave Petition challenging a judgment of the Himahcal Pradesh High Court which held that divorced daughter of a freedom fighter is not eligible for pension under the Swantantarta Sainik Samman Pension Scheme (Tulsi Devi vs Union of India).The petitioner is the daughter of late Shri Gopal Ram, Ex-Freedom Fighter. The petitioner stated that she...

'Prolonged Detention Over 10 Months Unconstitutional' : Habeas Plea In SC For Release Of J&K Congress Leader Saifuddin Soz

A Habeas Corpus petition has been filed in the Supreme Court against the Government of Jammu and Kashmir's detention order of octogenarian Congress leader and former Union Minister Prof. Saifuddin Soz who has been under house arrest since 5th August, 2019.The petition, filed by Advocate-on-Record Sunil Fernandes on behalf of Prof. Soz's wife, Mrs. Mumtazunnisa Soz, states that "ten months...

Change 'India' As 'Bharat' To Remove Colonial Hangover : Plea In Sc

The Supreme Court on Friday adjourned the hearing of a plea seeking amendment of Article 1 of the Constitution of India to the extent of altering the name of India to "Bharat".A bench of Justices AS Bopanna & Hrishikesh Roy adjourned the hearing to June 2 on account of unavailability of Chief Justice SA Bobde today.The plea has been filed by Namaha, an individual, stating that the...

Supreme Court Monthly Digest : March 2020

1. Second Complaint On Same Facts Not Maintainable : SC [Read Judgment]A Supreme Court bench comprising Justices UU Lalit & Vineet Saran held that a second complaint on same facts as the first complaint shall not be maintainable. The bench pointed out that if the core of both complaints was same, the second complaint ought not to be maintained.(Case : Samta Naidu and Anr vs State of...

'Trains Getting Lost, Reaching Unexpected Destinations Require Thorough Investigation' : NHRC Takes Suo Moto Notice Of Migrants' Hardships In Shramik Trains

The National Human Rights Commission has taken suo motu cognizance on media reports that the trains which are ferrying the migrant labourers are not only starting late but are taking many additional days to reach destination.The Commission took note of reports of death of many migrant labourers during their journey by train due to longer duration and no arrangements for drinking water and...

No National Plan, Minimum Standards As Per Disaster Management Act For Lockdown : Sr Adv Kapil Sibal Tells SC

After an intense exchange of arguments that ensued in the Supreme Court today, on the issue of country-wide plight surroundings Migrant Workers amid lockdown, Top Court passed a number of notable directions to allay their miseries.Solicitor General Tushar Mehta appeared for the Centre while Senior Advocates Kapil Sibal, Colin Gonsalves, Indira Jaising appeared for the Intervenors in the Suo...

SC To Examine Whether It's Order On Extension Of Limitation Affect An Accused' Right To Default Bail Under Section 167(2) CrPC

The Supreme Court on Thursday issued notice on the SLP preferred against the May 11 order of the Madras High Court holding that the accused cannot claim 'default' bail taking advantage of the March 23 suo moto order the Supreme Court to extend limitation periods in view of the COVID-19 lockdown.After hearing Senior Advocates Sidharth Luthra and V. Karthic and Advocate Nithin Saravanan for...

Former Lower Court Judge Moves SC To Change The Name Of Bombay High Court To Maharashtra High Court [Read Petition]

A former judge of the Labour Court has filed a public interest litigation before the Supreme Court seeking directions to change the name of 'High Court of Bombay' to 'High Court of Maharashtra'. VP Patil was the Principal Judge, Labour Court, Mumbai and took voluntary retirement in 2000. He had joined the State Judiciary (Maharashtra) on September 9, 1974 and served as a Judge for about...

MP Dr. Anbumani Ramadoss Moves SC Seeking Implementation Of 27% Reservation For OBCs Under All India Quota In Medical Colleges [Read Petition]

Former Union Health Minister and Member of Parliament, Dr. Anbumani Ramadoss has moved the Supreme Court seeking implementation of 27% reservation for the persons belonging to the OBC category in Post Graduate Medical Seats, under the All India Quota (AIQ). The petition, filed through Advocate S. Thananjayan states that the in the last few years, the Government of India has...

'Prophets Of Doom' & 'Arm Chair Intellectuals' Spreading Negativity; 'Local Instigation' Encouraging Migrants To Walk : Solicitor General

Taking note of the miseries of stranded migrants across the country, the Supreme Court on Thursday passed a slew of significant interim directions.The bench comprising Justices Ashok Bhushan, S K Kaul and M R Shah took up for hearing its own Suo Motu case pertaining to the miseries and problems faced by migrant workers along with PILs and intervention applications filed for purposes...