Legal Profession Can't Be Litigation Focused; Adversarial System Affects Rights Of Poor: Attorney General Stresses On Mediation

On the Constitution Day, the Attorney General for India R Venkatramani appealed for governments to prioritize their focus on mediation, stating that the legal profession could not be a litigation focused institution as the resolution of disputes and differences through an adversarial system, affected the access to justice of the poor, marginalised, and the economically weaker sections. He...

“Recovery Evidence” Under Section 27 Of The Evidence Act- Questions & Answers By Justice V Ramkumar [Part-I]

I N T R O D U C T I O N Any discussion on Section 27 of the Indian Evidence Act, 1872 will be incomplete without reference to Sections 25 and 26 of the Evidence Act. Section 25 prohibits proof of “confession” made directly to a “police officer” by an accused person. Section 26 interdicts proof of a “confession” made by an accused person while he is in the custody of...

Splitting Of Trial Under S. 317(2) Of Cr. P.C Can't Be Done When Further Investigation Has Already Been Ordered: Supreme Court

The Supreme Court recently held that splitting of trial under section 317(2) of Cr. P.C., 1973 cannot be ordered when further investigation has already been ordered. Moreover, it cannot be done when the investigating agency has not furnished a non-traceable certificate before it.It is pertinent to note section 317(2) CrPC which states: If the accused in any such case is not represented by...

Writ Petition Maintainable If Insurer Disallows Claim De Hors Specific Policy Terms: Delhi High Court

Allowing a couple’s insurance claim in respect of travel bookings cancelled due to Covid-19 onset, the Delhi High Court recently held that a writ petition would be maintainable if the court finds that insurer has illegally repudiated the claim de hors specific terms of the policy. Observing that the court could exercise jurisdiction under Article 226 of the Constitution to enforce...

All India Tourist Buses Cannot Be Operated As Stage Carriages : Kerala High Court

The Kerala High Court on Friday passed an interim order directing that all India tourist vehicles cannot be permitted to operate as stage carriers. The Court also directed that authorities can take appropriate actions against tourist buses with all India tourist permits that operate as stage carriages.Justice Dinesh Kumar Singh also directed the petitioners who were tourist bus operators to...

PIL In Patna High Court Challenges Bihar Law Increasing Reservation To 65%; Says SEBC Quota Need Not Be Proportionate To Population

A Public Interest Litigation (PIL) has been filed in the Patna High Court challenging the recent amendment passed by the Bihar Legislature to increase the reservation for Backward Classes, Extremely Backward Classes, Scheduled Castes, and Scheduled Tribes from the existing 50% to 65%.The petition challenges constitutional validity of the Bihar Reservation (for Scheduled Castes, Scheduled...

Constitution Day Special Quiz : Answers To MCQs On Constitution [Part 2]

The answers to the Constitution Day Special Quiz [Part 2] are here . Part 1 can be read here.1. What is the significance of Constitution Day celebrated on 26th November in India?a. Adoption of the Constitutionb. Enactment of the first constitutional amendmentc. Commencement of the Constitutiond. Ratification of fundamental rightsAnswer : a. Constitution Day commemorates the adoption of the...

'Ink Of Kesavananda Bharati Judgement May Fade, Words Will Not': Justice Dipankar Datta at Nani Palkhiwala Memorial Conclave

The West Bengal National University of Juridical Sciences ("NUJS") hosted the Nani A. Palkhiwala Memorial Conclave, supported by the Tata Group.The event consisted of a constitutional law quiz competition and an essay presentation on the Scope and Formulation of Judicial Review and Promulgation of Ordinances.The Chief Guest's Address was delivered by Justice Dipankar Datta, Judge of the Supreme Court of India, who remembered Nani Palkhivala as one of the 'foremost thinkers of modern India' and...

Constitution Day Quiz : Answers To Multiple Choice Questions On Constitution [Part 1]

The answers of the Constitution Day Special Quiz(Part 1) are given below :1. In Supriyo v. Union of India, a Constitution Bench of the Supreme Court held :(a) Right to marry is a fundamental right.(b) Right to marry is not a fundamental right.(c) Right to marry is not a fundamental right but the right to recognition of a civil union is a fundamental right.(d) (b) and (c) .Answer : (b)....

Holding CLAT Only In English Makes Legal Profession Biased Against Rural & Marginalised Persons: CJI DY Chandrachud

In a commemorative event marking the centenary of Dr. B.R. Ambedkar's law practice, Chief Justice of India DY Chandrachud pointed out the challenges faced by individuals from marginalised backgrounds in the legal profession. “They don't have social, or cultural capital or access to resources. Example- Coaching centres", he said. Pointing out that people from marginalised backgrounds are...

Supreme Court's Doors Will Always Remain Open For Citizens: CJI DY Chandrachud Promises On Constitution Day

On the occasion of India’s 75th Constitution Day, Chief Justice of India DY Chandrachud on Sunday (November 26) assured that the doors of the Supreme Court are and will always remain open for citizens to ventilate their grievances. He also insisted that individuals should not be afraid of going to court or view it as a last resort, expressing the hope that owing to the efforts to make...

All India Judicial Service Can Select Brilliant Youngsters For Judiciary : President Droupadi Murmu

In the inaugural session of Constitution Day celebrations at the Supreme Court, President Droupadi Murmu put forth a proposal for the establishment of an All India Judicial Service examination. She envisioned a mechanism that would identify and nurture talented individuals from the legal fraternity to become judges. The President expressed her desire to support young, talented, and...