“We Have Stopped Being A Civilized Nation And Accepted Barbarism. I Dissent”: SCOTUS Justice Sotamayor Refuses To Join ‘Rush To Execute’ A Rape-Murder Convict

“I cannot in good conscience join in this “rush to execute” without first seeking every assurance that our precedent permits such a result... If the law permits this execution to go forward in spite of the horrific final minutes that Irick may well experience, then we have stopped being a civilized nation and accepted barbarism. I dissent.”Billy Ray Irick, who was convicted for 1985...

SC Upholds Conviction Of Man Whose Extramarital Affair Abetted Wife’s Suicide [Read Judgment]

‘It cannot be said that the appellant’s act of having illicit relationship with another woman would not have affected to negate the ingredients of Section 306 I.P.C.’The Supreme Court upheld the conviction of a man whose illicit relationship with another woman allegedly ‘abetted’ his wife’s suicide.Kavita had committed suicide by jumping into well within four months of her...

“Some Elements Endeavouring To Weaken Institution”: CJI Dipak Misra

Chief Justice Dipak Misra has made an indirect reference to several issues which resulted in crisis within the judiciary.Speaking at the Independence Day function at the Supreme Court he said “to criticize, attack and destroy the system is quite easy what is difficult and challenging is to transform it into a performing one. For that one has to transcend one’s personal ambitions or...

Governance Must Be Left To Those Elected To Govern, Courts Must Keep Away: Law Minister Prasad

“The founding fathers always said governance should be left to those who people of India elected to govern. Governance and accountability go hand in hand. Basic structure theory emphasized it . The 13 benches of the SC should maintain a healthy balance on basic structure, separation of power. This is how I feel when we need to reflect”, Law Minister Ravi Shankar PrasadOnce again...

BJP Leader Moves SC Seeking Scrapping Of Article 35A [Read Petition]

It has been advanced that Article 35A was not inserted by following the due procedure prescribed for the amendment of the Constitution under Article 368; Article 370 confers no legislative or executive powers on the President to add or delete any provision of the Constitution which is the exclusive function of the Parliament. Short of the August 27 date when a three-judge bench headed by...

De-Congest SC Courtrooms, Corridors On A War Footing: AG Venugopal

Referring to the issue, SCBA President Vikas Singh said “We are in active discussion with the registry. From coming Monday we are proposing a system where lawyers go to argue through the aisle to the arguing desk and then go out through either of the two sides. This is to reduce the congestion at least in the aisle caused by lawyers going and coming and the path gets jammed. Singh also...

Insolvency And Bankruptcy Code (IBC) Will Override Provisions Of Other Enactments Inconsistent With It : SC [Read Order]

"Given Section 238 of the Insolvency and Bankruptcy Code, 2016, it is obvious that the Code will override anything inconsistent contained in any other enactment, including the Income Tax Act."Upholding a Delhi High Court judgment which held that moratorium under the Insolvency and Bankruptcy Code (IBC) will apply to the order of Income Tax Appellate Tribunal, the Supreme Court has observed...

Pictorial Warning Covering 85% Of Packaging Space Mandatory In All Tobacco Products: SC Makes Stay On Karnataka HC Judgment Absolute

The Supreme Court on Tuesday made absolute its January 8 order granting an interim stay on the Karnataka High Court judgment dated December 15, 2017 striking down the 2014 amendment to the Cigarettes and other Tobacco Products (Packaging and Labelling Rules) of 2008.Rule 3(1)(b) of Cigarettes and other Tobacco Products (Packaging and Labelling Rules) of 2008 as amended in 2014, necessitates...

No Eviction Can Be Ordered Even If The Parties Had Entered Into A Compromise: SC [Read Judgment]

‘Unless and until ground seeking eviction in terms of the concerned contract is made out, no eviction of a tenant can be ordered, even if the parties had entered into a compromise.’The Supreme Court has held that, in cases where protection under the Rent Act is available, no eviction can be ordered unless ground seeking eviction is made out, even if parties had entered into...

“1,575 Children Victims Of Abuse. What Have You Done About it?” SC Asks Centre

The Centre today submitted a shocking report which said 1,575 children including 286 boys were sexually or physically abused in various shelter homes in different parts of the country prompting a bench headed by Justice Madan B Lokur to ask the Centre “What have you done about it?”There was flurry of questions to Additional Solicitor  General Pinky Anand from the bench of Justices...

No Forfeiture Of Gratuity For ‘Acts Involving Moral Turpitude’, If Not Convicted By A Court Of Law: SC [Read Judgment]

‘To be an offence, the act should be made punishable under law. That is absolutely in the realm of criminal law. It is not for the Bank to decide whether an offence has been committed.’Interpreting Section 4(6)(b)(ii) of the Payment of Gratuity Act, the Supreme Court has held that forfeiture of gratuity on the ground of misconduct which constitutes an offence involving moral turpitude,...

CJI Launches Horde Of New Apps For Litigants And Lawyers Under E-Courts Project, Justice Lokur Says The Project Saved More Than Rs. 1,670 Crore For The Exchequer

The E-committee of the Supreme Court on Tuesday launched several mobile applications for the benefit of litigants and lawyers.The event saw launch of apps for services such as e-filing along with user manual, e-payment options, National Service and Tracking of Electronic Processes (NTSEP), Supreme Court Legal Services Committee (SCLSC), and awareness guide for services offered under the...