Public Trust Crucial For Courts To Have Legitimacy & Authority : CJI DY Chandrachud

In a public lecture delivered in Bhutan, Chief Justice of India Dr.DY Chandrachud explained how public trust is crucial for the Courts. Since the judges are not elected by the people and do not operate as per the popular mandate, public trust is essential for them to have credibility and legitimacy, CJI said. It is from the public trust that the Courts derive their moral authority.Delivering...

“Criminality Or Criminal Tendencies Have Nothing To Do With Religion, Caste Or Creed Of Any Human Being” - Justice Abhay S. Oka

The Criminal Justice and Police Accountability Project (CPA Project), in association with LiveLaw, organized the 'Annual Vimukta Divas' lecture titled “Indian Constitution & Denotified Tribes” on 22nd September 2024. The keynote address was delivered by Justice Abhay S. Oka, Judge of the Supreme Court, to commemorate the 72nd year of repealing the Criminal Tribes Act, 1871. Vimukta...

Order XII Rule 6 CPC | Judgment Can't Be Delivered Based On Unclear, Ambiguous & Conditional Admissions: Supreme Court

Recently, the Supreme Court observed that as per Order XII Rule 6 of the Civil Procedure Code, 1908 (“C.P.C.”), a judgment can't be delivered based on an unclear and ambiguous admission.According to the court, when the testimony supplied in an admission contains both mixed questions of fact and law then such an admission against the law can never be an “admission” as visualized...

Juvenile Justice Act | Plea Of Juvenelity Can Be Raised Even After Conviction & Sentence Attained Finality : Supreme Court

The Supreme Court observed that the plea of juvenility can be filed even after the judgment and order of conviction and sentence granted against a person has attained finality. While holding so, the bench comprising Justices BV Nagarathna and N Kostiswar Singh acquitted the accused in a murder case who had filed a plea for juvenility after the order of conviction and sentence was passed...

New Act Will Not Take Away Rights Accrued Under Repealed Law Unless Such Intention Is Expressed In New Statute: Supreme Court

The Supreme Court observed that the rights accrued under an old Act cannot extinguished with the enforcement of the new Act unless a retrospective effect was given to the New Act. The bench comprising Justices Sudhanshu Dhulia and Prasanna B. Varale said so while deciding a tenancy dispute where the rights inherited by the Appellants/tenants under the Old Tenancy Act after the death of the...

'How Will History Judge My Tenure?': As Retirement Nears, CJI DY Chandrachud Says He's Anxious About His Legacy

Chief Justice of India DY Chandrachud reflected on his tenure in a recent public address, saying that he was thinking over questions about the legacy he would leave for the future generation of judges and lawyers.Speaking at the convocation ceremony of JSW Law School in Bhutan, the Chief Justice said :"I will be demitting office as the Chief Justice of India in November this year, after...

Supreme Court Sets Aside Kerala HC's Orders For Disciplinary Proceedings Against Lakshadweep Judicial Officer

The Supreme Court recently set aside orders for disciplinary proceedings against a Judicial Officer, noting that the records pertaining to the case alleged to have been mishandled by him were not considered by the Kerala High Court at the time of passing of orders for suspension and enquiry. The same rendered the initiation of disciplinary proceedings legally invalid, the Court said.A bench...

Complete Supreme Court Half Yearly Digest 2024 [Part-1]

Abuse of Process of LawCollusion between parties in tender process – Held, respondent no. 1 in collusion with respondent no. 2, had misused the process of law for covering up the irregularities and illegalities committed in the tender process. The division bench of High Court failed to notice the ill-intention of the respondent nos. 1 and 2 and via the impugned order, permitted respondent no....

Supreme Court Weekly Round-up: September 30, 2024 To October 6, 2024

Index1. Mere Existence Of Benchmark Disability Won't Disqualify Candidate From MBBS Course: Supreme CourtCitationsK. Vadivel v. K. Shanthi & Ors. 2024 LiveLaw (SC) 757Sub Inspector Sanjay Kumar v. State of Uttar Pradesh & Ors., C.A. No. 010894 / 2024 2024 LiveLaw (SC) 758State of West Bengal v. Jashimuddin Mondal and Ors., SLP(C) No. 9628/2024 2024 LiveLaw (SC) 759Atul Kumar...

Calcutta High Court Declines To Stay Shifting Of NCLT Premises, Says Lawyer's Inconvenience No Grounds To Interfere With Policy Decision

The Calcutta High Court has declined to interfere in the proposed shift of the National Company Law Tribunal (NCLT) premises to Rajarhat, Kolkata, on the grounds raised by several advocates that it would be difficult for them to commute to the new location which was in the outskirts of the city.A single bench of Justice Shampa Sarkar held:It would not be proper for this Court to stay...

'Can't Impose One's Religious Belief On Another': Kerala High Court Refuses To Quash Case Against Man For Criticizing Muslim Girl's Handshake

No religious belief is above the Constitution and the Constitution is supreme, Court said.

Unnecessary Prosecutions In Abetment Of Suicide Cases Due To Inability Of Courts To Apply Correct Principles Of Law : Supreme Court

While quashing an abetment to suicide case against senior officials of Hindustan Unilever Limited (“HUL”), the Supreme Court recently cautioned the courts as well as the police against the incorrect application of the principles governing abetment to suicide."Over a period of time, the trend of the courts is that such intention can be read into or gathered only after a full- fledged...