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SLP Cannot Be Filed To Challenge An Order Passed By High Court On Administrative Side: Supreme Court
The Supreme Court observed that a special leave petition challenging an order passed by High Court on the administrative side.In this case, the petitioner assailed the administrative order passed by the Chief Justice of the High Court of Telangana which rejected his plea to implement the directions of the CJI for online hearing and permit him to file contempt petition/other petition online and...
Courts Must Interfere In Election Process If There's Unjust Executive Action Or Attempt To Disturb Level Playing Field : Supreme Court
The Supreme Court recently held that as a general rule, the courts do not interfere in election matters. However, the court clarified that this principle is not absolute. It recognized that there are circumstances where executive actions or attempts to disrupt a fair electoral playing field may emerge. In such cases, the Constitutional Courts are not only permitted but also duty-bound to step...
Cannot Compel Everybody To Follow Same Ideology, Person Entitled To His Opinions In A Democratic Set Up: Madras High Court
The Madras High Court recently remarked that every person in a democratic person is entitled to his reservations and opinions about a particular ideology and no one can be compelled to follow the same ideology. The court also added that only dialogue could ensure scope for evolution in the Society. “In a democratic set up, it is always possible that their will be divergent...
Denotified Tribes Face Disproportionate Criminalisation, Discrimination In Jobs & Education : Justice PS Narasimha
On the occasion of Vimukta Diwas, Justice P.S. Narasimha delivered a lecture on ‘Justice For Marginalised In A Constitutional Democracy’.Earlier, on August 30, Justice KV Vishwanathan delivered the keynote address on “Policing of Habitual Offenders: The Enduring Legacy of the Criminal Tribes Act in India” to commemorate the said ocassion. Justice Narasimha commenced his lecture by...
'One Nation, One Election' Will Reduce Democratic Accountability : Former Chief Election Commissioner SY Quraishi
Holding simultaneous elections for Lok Sabha, State Assemblies and local bodies can result in the dilution of democratic accountability, opined former Chief Election Commissioner SY Quraishi.He was speaking in an interview with LiveLaw about the concept of "One Nation, One Election". Recently, the Central Government constituted a High-Level Committee to examine the feasibility of...
Legislature Can't Directly Overrule Judgment, But Law Can Be Made To Alter Basis Of Court Verdict : Supreme Court
The Supreme Court has ruled that it is permissible for the legislature to remove a defect in an earlier legislation, as pointed out by a constitutional court in exercise of its powers of judicial review. The court said the defect can be removed both prospectively and retrospectively by a legislative process and previous actions can also be validated. “However, where a legislature merely...
Plea In Supreme Court Seeks FIR Against DMK Leaders Udhayanidhi Stalin and A Raja For Remarks Against 'Sanatana Dharma'
An application has been filed in the Supreme Court seeking registration of an FIR against Tamil Nadu Minister and DMK leader Udhayanidhi Stalin for his recent statements made against 'Sanatana Dharma'. The plea also seeks contempt action against the Delhi Police and Chennai Police for not complying with the Supreme Court's direction to register suo motu FIR in hate speech cases. The plea...
MoU Signed Between Supreme Court Of India & Supreme Court Of Singapore For Judicial Cooperation
During an official visit to Singapore, Chief Justice of India Dr DY Chandrachud met with the Chief Justice of Singapore Sundaresh Menon. A memorandum of understanding (MoU) has been signed between the Supreme Court of India and the Supreme Court of Singapore in the field of judicial cooperation. The two chief Justices witnessed the signing of the said MoU. During his official visit to...
Banks Can’t Use Look Out Circulars As Measure To Recover Money From Creditors: Delhi High Court
The Delhi High Court has observed that banks cannot use Look Out Circulars (LOCs) as a measure of recovering money from creditors just because they feel remedy available under law is not sufficient. Justice Subramonium Prasad said that LOC can be issued only when there are sufficient reasons. He added that if there is a condition precedent for issuance of such LOC, the same must be...
Litigants Liable For Civil Contempt On Violating Undertaking Given On Their Behalf By Advocate To Court : Supreme Court
In a recent judgement, the Supreme Court held that litigants will be liable for 'civil contempt' on wilful breach of undertaking given on their behalf by their advocate to the Court."We hold that an assurance in the form of an undertaking given by a counsel / advocate on behalf of his client to the court; the wilful breach or disobedience of the same would amount to “civil contempt”...
POCSO Act | Putting Hand On Victim's Shoulder, Pulling Her Clothes Signifies Sexual Instinct Of Accused: Madhya Pradesh High Court
The Madhya Pradesh High Court has observed that the act of the accused of pulling the clothes of the prosecutrix and putting his hand on her shoulder signifies his sexual instinct.The bench of Justice Prem Narayan Singh observed this while upholding the conviction of the appellant-accused (Nageshwar) under Section 354 of IPC and Section 7/8 of the POCSO Act.The Prosecution case was that when...