Monsoon Session Of Parliament: Highlights

The Monsoon Session of the Parliament from July 18 to August 10 witnessed a lot of action, with several bills getting passed. The highlights of key legislative actions during the Monsoon session are given below:Specific performance of contract to be the norm : Amendment to Specific Relief ActThe Parliament passed the Specific Relief (Amendment) Bill 2018, proposing to bring significant...

Supreme Court Weekly Round-Up

Defence Of Negligence Can’t Be Raised In Proceedings U/s 163A Of Motor Vehicles Act, Reiterates SCThe Supreme Court upheld compensation awarded to the parents of deceased driver of the vehicle, reiterating that an insurer cannot be permitted to raise a defence of the negligence of the driver (victim) in proceedings under Section 163A of the Motor Vehicles Act.Doctrine of “Pay And...

Single Judge Not Subordinate To Division Bench In Intra-Court Appeal, Both Exercise Same Jurisdiction: SC [Read Judgment]

‘Only to avoid inconvenience to the litigants, another tier of screening by the Division Bench is provided in terms of the power of the High Court but that does not mean that the Single Judge is subordinate to the Division Bench.’Expressing ‘serious reservation’ about a division bench of a high court remitting a matter to single bench for moulding relief, the Supreme Court has...

SC Upholds Conviction Of Woman For Abetting Suicide Of Young Girl By Calling Her ‘Prostitute’ [Read Order]

‘The deceased was aged 26 years and being a young unmarried girl could have been upset over such verbal abuse heaped on her which led her to take a decision of committing suicide by setting herself ablaze.”Words are to be more carefully used, lest it becomes a sword, which can destroy life of people around us. This case which came before the Supreme Court highlights this message.The...

Change Of Roster In Supreme Court As New Judges Appointed

Having introduced a subject-wise roster system in the Supreme Court in February this year, Chief Justice of India Dipak Misra has now notified changes in it, owing to the appointment of three new judges— Justices Indira Banerjee, Vineet Saran and KM Joseph. The new roster came into effect from 7 August.While keeping the subjects allotted to other judges the same, the new roster allots...

After A Wait Of 90 Years, Jammu And Kashmir High Court Finally Has Two Woman Judges Now

Justice Sindhu Sharma was sworn in as a judge of the Jammu and Kashmir High Court on Friday, followed by Justice Gita Mittal’s swearing-in ceremony as the Chief Justice of the High Court on Saturday.The event is particularly notable because, with the two appointments, the Jammu and Kashmir High Court finally has woman judges now, for the first time in its 90 years long history.The High...

Limitation Period For Application To Set Aside Arbitral Award Begins From Date Of Disposal Of Application To Correct The Award: SC [Read Order]

‘Section 34(3) specifically speaks of the date on which a request under Section 33 has been “disposed of” by the Arbitral Tribunal. We are also of the view that a “disposal” of the application can be either by allowing it or dismissing it.’The Supreme Court has made it clear that the limitation period to make application to set aside arbitral award would start running from the date...

Justice Gita Mittal Sworn In As The First Woman Chief Justice Of Jammu & Kashmir High Court

Justice Gita Mittal was sworn in as the Chief Justice of Jammu and Kashmir High Court on Saturday, becoming the first woman judge in the history of the court to occupy the post.She was administered the oath of office by Governor of Jammu and Kashmir, NN Vohra at Raj Bhavan in Srinagar.Justice Mittal is an alumna of Campus Law Centre, Delhi University, and began practicing in 1981. She...

SC Upholds Conviction For Dacoity With Murder Based On Confession Statement Of Accused Before Police Officer [Read Judgment]

This Judgment is  a clear deviance from well established precedents.  A two-Judge Bench of the Supreme Court has recently upheld the conviction of an accused for Dacoity with Murder under Section 396 of Indian Penal Code.Contrary to the binding precedents the Bench has extensively relied on a confessional statement of Accused produced by Police to prove the recovery of some...

SC Collegium Accepts Centre’s Rejection Of Proposals To Elevate 4 Advocates To Bombay And Calcutta HCs [Read Resolutions]

Through resolutions passed on 8 August, the Supreme Court collegium has refused to reiterate the candidature of four Advocates recommended to be elevated to two High Courts.The Collegium comprising Chief Justice of India Dipak Misra, Justice Ranjan Gogoi and Justice MB Lokur resolved the following:Bombay High CourtThe candidature of Advocate Chetan S. Kapadia, who was recommended to...

SC Stays J&K HC Directive Against Prohibiting Cinema Goers From Carrying Food Items Inside Multiplexes [Read Order]

The Supreme Court, on Friday, stayed the direction issued by Jammu and Kashmir High Court against prohibiting cinema goers/viewers from carrying his/her own food articles and water inside the theatre.The High Court by the impugned order directed the Multiplexes/Cinema Halls Owners of the State of J&K  not to prohibit cinema goers/viewers henceforth from carrying his/her own food articles...

Use Video Conferencing To Ensure Original NGT Bench Hears Review Petition: SC [Read Judgment]

‘When the matter goes to a new Bench the members of the new Bench may go by their own perspective and philosophy which may be totally different to that of the Bench which originally heard the matter.’The Supreme Court has observed that the National Green Tribunal bench which hears a matter originally should hear the review petition unless it is virtually impractical for the original bench...