'Approach BCI', SC Tells Petitioner Who Sought Directions To Improve Safety Of Advocates

Just a month after the first woman President of Uttar Pradesh Bar Council Darwesh Yadav was killed in the Agra civil court complex, a PIL came for hearing before the Supreme Court seeking direction to Bar Council of India (BCI) to frame gender neutrality safety guidelines for lawyers.The bench headed by Chief Justice of India (CJI) Ranjan Gogoi on Monday refused to entertain the plea but...

SC Dismisses PIL Seeking Implementation Of Vishakha Guidelines In Religious Institutions [Read Order]

The Supreme Court on Monday dismissed a PIL which sought that the Vishakha guidelines on sexual harassment at workplaces be extended to religious institutions as well. The bench headed by Chief Justice Ranjan Gogoi was of the view that judicial orders cannot be passed to grant the prayers in the petition and that sexual harassment committees cannot be constituted for religious places.'How...

Delay In Justice Kureshi Elevation : SC Grants Centre Time Till August 2 To Respond To GHCAA Petition

The CJI-led bench of the Supreme Court on Monday listed on August 2 the petition filed by Gujarat High Court Advocates Association which seeks to direct the Centre to notify the appointment of Justice A Kureshi as CJ of Madhya Pradesh High Court as recommended by the SC Collegium.At the outset, Solicitor General Tushar Mehta said that the Centre required two more weeks time to...

Supreme Court Weekly Round Up

Execution Petition Filed Without Certified Copy Of Decree Maintainable [Sir Sobha Singh And Sons Pvt. Ltd. vs. Shashi Mohan Kapur] In the appeal filed before the Supreme Court, the bench comprising Justice Abhay Manohar Sapre and Justice and Dinesh Maheshwari observed that it is not necessary to file a copy of the decree along with execution application unless the Court directs the...

Karnataka Crisis : SC Refuses To Hear Today MLAs' Plea For Holding Trust Vote

The CJI-led bench of the Supreme Court on Monday refused to accept the request made for urgent hearing today for a writ petition filed by two MLAs for holding trust vote in Karnataka assembly.When an oral mention regarding this was made by Senior Adovacate Mukul Rohatgi, CJI Ranjan Gogoi said it was impossible.Then Rohatgi made a request for tomorrow listing, to which the CJI responded 'We...

Whenever The Question Of Equal Rights For Women Has Come Forward,The Approach Of The Courts Has Been Disappointing:Indira Jaising [NLSU Speech]

"PIL can be an instrument of oppression perhaps more deadly than any other since it is so heavily dependent on the "discretion" of judges", she said.

Karnataka MLAs Move SC Seeking Direction To Hold Trust Vote Tomorrow

As uncertainty looms over the fate of Congress-JD(S) government of Karnataka, two MLAs have approached the Supreme Court seeking a direction to hold trust vote by tomorrow 5 PM.The petitioners KPJP MLA R Shankar and independent MLA Nagesh state that they had withdrawn their support to ruling coalition, making it a minority government. Though the Chief Minister H D Kumaraswamy had declared...

There Is No Substantial Proof For Death Penalty As Deterrent To Crime : Justice Kurian Joseph [Project39A Podcast]

Project 39A, NLU Delhi is inspired by Article 39-A of the Indian Constitution, a provision that furthers the intertwined values of equal justice and equal opportunity by removing economic and social barriers. These are constitutional values of immense importance given the manner in which multiple disparities intersect to exclude vast sections of our society from effectively accessing...

Arbitration - Section 31(8), 31A Will Not Apply If Fee Structure Is Laid Down By Agreement : SC [Read Judgment]

The Supreme Court has held that Section 31(8) and 31A of the Arbitration and Conciliation Act 1996 will not apply to arbitral fee if a fee structure has already been laid down in the agreement between parties.The bench of Justices R F Nariman and Surya Kant overruled the Delhi High Court decision in National Highways Authority of India v Gayathri Jhansi Roadways Ltd, which held that arbitral...

Negotiable Instruments Act: Heavy Burden Cannot Be Placed On The Complainant To Prove The Debt: SC [Read Order]

The Supreme Court has reiterated that while dealing with a complaint filed under Section 138 of the Negotiable Instruments Act, heavy burden cannot be placed on the complainant to prove the debt.In this case [Pavan Diliprao Dike vs. Vishal Narendrabhai Parmar], the magistrate dismissed the complaint on the ground that the complainant has failed to prove that the cheque which...

Order IX Rule 13 CPC: Can A Person Who Is Not Party To Suit File Application To Set Aside Ex-Parte Decree? SC To Examine [Read Order]

The Supreme Court has issued notice in Special Leave Petition in which the issue raised is whether a person who is not a party to the suit cannot move an application to set aside ex-parte decree under Order IX Rule 13 of the Code of Civil Procedure, 1908. Order IX Rule 13 provides that, in any case in which a decree is passed ex parte against a defendant, he may apply to the Court by which...

Not Always Necessary That Attesting Witnesses Should Actually See The Testator Signing The Will: SC [Read Judgment]

"Where a testator asks a person to attest his Will, it is a reasonable inference that he was admitting that the Will had been executed by him."