Landmark Judgments Awaited In The Last Working Month Of CJI Misra

Hectic days are ahead for Chief Justice Dipak Misra, who has 18 working days left before his retirement on October 2. In these days the country will await judgments in reserved by the bench presided by him in several high profile cases, which could change the course of current constitutional and political narrative.1. Legality of AadhaarThe marathon hearing in the case challenging the validity...

SC Stays Unconditional Stay On Arbitral Award Against West Bengal [Read Order]

The Supreme Court recently stayed the unconditional stay granted on an arbitral award by a lower court.The petitioner, Pam Developments Pvt. Ltd. had challenged an order passed on 4 August by the District Judge, Purba Medinipur, West Bengal, granting an unconditional stay on the operation of an arbitral award to the tune of Rs. 1.77 crore issued against the State of West Bengal.The...

‘Classic Case’ Of Revenge By The Husband Against The Wife: SC Quashes ‘Cheating’ Complaint Filed By Husband [Read Order]

This is a classic case of taking revenge by the husband against the wife since he was aggrieved by the action of the wife moving an application seeking maintenance, remarked a Supreme Court bench while quashing a complaint filed by a man accusing his wife of ‘cheating’ him.This is also a classic case which exposes the mechanical way in which criminal complaints are dealt with by the...

Supreme Court Weekly Round-Up

Entire Prosecution Story Shouldn’t Be Doubted For Certain Embellishments: SC Revives 1993 WB Panchayat Post-Poll Violence CaseReviving a criminal case related to a post-panchayat poll violence in West Bengal in 1993, the Supreme Court observed that merely because there are certain exaggerations, improvements and embellishments, the entire prosecution story should not be doubted.Persons With...

SC Disapproves Of Punjab and Haryana HC’s Restrictive Interpretation Of ‘Recommendations By Human Right Commission’ [Read Order]

‘A complaint may be made of violation of human rights by any person or a complaint that a public servant is being negligent in preventing such violation.’The Supreme Court has disapproved the observation in a 2005 Punjab and Haryana High Court judgment that the Human Rights Commission is only empowered to make a recommendation to the government when any violation of human rights by a...

All New Vehicles Sold To Have Third-Party Insurance Coverage -3 Years For Cars And 5 Years For Two Wheelers [Read Circular]

With the Supreme Court refusing to extend the deadline, all new vehicles sold from 1st September 2018, should have mandatory third-party insurance coverageWhile considering a public interest litigation seeking guidelines for improving road safety filed by S. Rajaseekaran, Chairman & Head of Orthopedic Department, Ganga Hospital, Coimbatore, the bench comprising of Justice Madan B. Lokur...

Uncommunicated Adverse Annual Confidential Reports Can’t Be Relied Upon To Deny Promotion, Reiterates SC [Read Judgment]

The Supreme Court has reiterated that uncommunicated Annual Confidential Reports (ACRs), which are adverse to an employee, cannot be relied upon for purpose of consideration of promotion.The bench of Justice Kurian Joseph and Justice Sanjay Kishan Kaul in Rukhsana Shaheen Khan vs. Union Of India set aside the Delhi High Court judgment and directed the competent authority to ignore...

Fiscal Constraint Is No excuse For Judicial Infrastructure Which Is The Backbone Of Justice Delivery System: CJI Dipak Misra

While speaking in the  national conference on “Technology, Training andInfrastructure: Key to Speedy Justice” organized by the Supreme Court Advocates-on-Record Association (SCAORA) at New Delhi on Saturday Chief Justice of India Dipak Misra said Judicial infrastructure is the backbone of the justice delivery system. “The infrastructural gaps shall not be allowed to multiply for...

Attempt Made To Influence Me: SC Judge Justice Indira Banerjee

Supreme Court Judge Justice Indira Banerjee has revealed in an open court that an effort was made to influence her in a case related to Hotel Royal Plaza.A bench comprising Justices Arun Mishra and Banerjee was hearing the matter on August 30 in court number 8 when the revelation was made.Justice Mishra said that the attempt to influence the judge amounted to contempt of court.Senior lawyer...

Prosecution U/s 498A IPC And Dowry Prohibition Act Not Sustainable When The Complaint Is Filed Long After Divorce: SC [Read Order]

‘Where the complainant approaches with a case that there has been a divorce long back i.e. four years ago before filing of the FIR, section 498A of IPC in terms would not be attracted.’The Supreme Court has held that prosecution under Section 498A of the Indian Penal Code and Sections 3 and 4 of the Dowry Prohibition Act, 1961, is not sustainable when the complaint is filed long after...

SC Stays Execution Of Death Penalty In 7-Yr-Old Rape And Murder Case [Read Order]

“The sex maniacs are prowling in the society like wild wolves to quench their sinful bodily lust. They leave no stone unturned. In this evil pursuit they even do not spare infants and children,” the high court had said in the judgmentThe Supreme Court has stayed execution of death penalty imposed on a man accused of rape and murder of a 7-year-old girl.Calling for the records from the...

CJI Misra Recommends Justice Ranjan Gogoi As The Next Chief Justice Of India

Adhering to tradition, Chief Justice of India Dipak Misra has reportedly recommended Justice Ranjan Gogoi to be his successor. Sources told CNN-News18 that with CJI Misra’s recommendation, papers are getting finalised to be sent to the Union Law Ministry.CJI Misra is set to retire on 2 October this year, while Justice Gogoi will retire on 17 November, 2019. He will, therefore, have a term...