SC Sends ‘Unapologetic’ Litigant Directly To Jail For Not Complying With Its Order [Read Order]

The Supreme Court, on Wednesday, sent an ‘unapologetic’ litigant to jail directly from the Court for a period of three months.Kovilkar Lakshmoji Rao was a judgment debtor. In a court auction held in the year 2004, his property was purchased by one Vara Kumari. After that, Rao allegedly locked access to the property by constructing a compound wall. The Auction purchaser then applied...

Appointment Of HC Judges: SC Asks Attorney General To Do The Needful As Expeditiously As Possible

“We are informed that a large number of names are in the pipeline for appointment as High Court Judges. We would request the learned Attorney General to please look into this and do the needful as expeditiously as possible.” remarked a Supreme Court bench on Monday.The bench of Justice Rohinton Fali Nariman and Justice Indu Malhotra was considering a contempt petition against President...

Doctrine of "Pay And Recover" In Motor Accident Claim Cases Still Holds The Field, Clarifies SC [Read Judgment]

The Supreme Court has held that doctrine of "pay and recover" in motor accident claim cases still holds the field.A bench of Justice Ranjan Gogoi and Justice R Banumathi made this observation (Shamanna vs. Divisional Manager, The Oriental Insurance Co. Ltd.) while setting aside a Karnataka High Court order that had exonerated the insurance company from its liability directing the claimants...

'Adultery Affects Sanctity Of Marriage'-ASG, 'What Is The Sanctity When The Husband Give Consent For Intercourse'-Asks Chandrchud.J:SC Reserves Judgment

“Adultery is a public problem which injures or causes harm and hence, it contains the elements of a criminal offence”, submitted ASG Pinky Anand before the Supreme Court five-judge bench on Wednesday.Countering the reliance placed by the petitioners on international authorities, including those of South Africa, Namibia, South Korea and Guatemala, in context of the decriminalisation...

Criminalizing Begging Violates The Most Fundamental Rights Of Most Vulnerable People In Our Society: Delhi HC Strikes Down Anti-Begging Provisions As Unconstitutional [Read Judgment]

The Delhi High Court on Wednesday decriminalised begging in the national capital, striking down several provisions of the Bombay Prevention of Begging Act as unconstitutional.The Bench comprising Acting Chief Justice Gita Mittal and Justice C. Hari Shankar observed, “The State simply cannot fail to do its duty to provide a decent life to its citizens and add insult to injury by...

IBC: Application For Initiating Corporate Insolvency Resolution Process Filed By Advocate Of Financial Creditor Maintainable: SC [Read Order]

We also think that the petition filed by an advocate would be maintainable, as has been held in Macquarie Bank supra.The Supreme court observed that an application filed by an advocate would be maintainable under Section 7(3)(a) of the Insolvency And Bankruptcy Code, 2016.This observation was made by the bench of Justice Rohinton Fali Nariman and Justice Indu Malhotra in SUNRISE 14 A/S...

SC Imposes Costs Of Rs. 2Cr On Medical College For Playing Fraud During Inspection By Projecting Healthy Persons As Patients

The Supreme Court on Tuesday imposed an exemplary cost of Rs. 2 crore on a medical college, while dismissing a writ petition filed by it, taking note of the fraud and deception played by it during inspection by projecting healthy persons as patients.Mahavir Institute of Medical Sciences had approached the apex court challenging the decision of the Central Government that accepted...

When Karunanidhi Knocked The Doors Of The Supreme Court

The case, M.Karunanidhi v Union of India decided by the five-Judge Constitution bench of the Supreme Court on February 20, 1979, is a landmark case.  The constitution bench comprised of Justices Syed Murtaza Fazalali, Y.V.Chandrachud, P.N.Bhagwati, N.L.Untwalia and R.S.Pathak.  The unanimous judgment of the bench was authored by Justice Fazalali, who was incidentally, the first Judge to...

Prisoner In Lawful Custody Also Entitled To Relief When He Is Deprived Of His Lawful Rights: Jaising On Talib Hussain's Case, SC Issues Notice

The Supreme Court on Wednesday issued notice on a plea against custodial torture on behalf of lawyer and activist Talib Hussain, who is facing allegation of rape.The bench of Chief Justice Dipak Misra and Justices A. M. Khanwilkar and D. Y. Chandrachud, however, refused to grant any interim relief in the light of the claims of “third degree torture of the worst kind” while Hussain is...

A Journey Through Notable Judgments of The Newly Sworn-In SC Judges

Three new judges— Justice Indira Banerjee, Justice Vineet Saran and Justice KM Joseph were sworn in on Tuesday at 10:30 am in the Chief Justice’s Court, raising the total number of judges to 25, as against the sanctioned strength of 31 judges. A few of the notable judgments delivered by these judges during their tenure at High Court are presented below.Justice Indira Banerjee.Justice...

Srikrishna Committee's Draft RTI Amendments Will Provide "Exit Gates" For Corrupt Officers: Information Commissioner Prof. Sridhar Acharyulu

After raising his voice against the proposed amendments to the Right to Information Act, Information Commissioner Prof. Sridhar Acharyulu has now written to all Information Commissioners, appealing for opposition against the amendments to the Act as proposed by the Justice BN Srikrishna Committee of Experts Report on Data Protection.Srikrishna Committee's draft Personal Data Protection Bill,...

"Somebody Has To Wake Up";SC Pulls Up Bihar Govt Over Muzaffarpur Shelter Home Rapes

“What is going on in the country? In the year 2016 astonishing number of 38, 947 rapes were committed which means 106 rapes a day…every six hours somebody is raped…look somebody has to wake up.. these incidents must stop”, Justice Madan B LokurThe Supreme Court today pulled up the Bihar government in connection with the rape of minor girls in a Muzaffarpur shelter home run by an NGO...