'I Came Here In 1979; Those Were Fantastic Days' : Justice Nariman Reminisces Legends Krishna Iyer, Palkhivala, Chinnappa Reddy Etc

Justice Rohinton Nariman, who retires as a Supreme Court judge today, while delivering his speech in the farewell function organised by the Supreme Court Bar Association said that he was leaving this fantastic institution with mixed feelings. "It is with mixed feelings that I am leaving this fantastic institution. The first feeling is one of enormous relief. Now I won't see...

Justice Rohinton Nariman's Legacy: Notable Judgments On Liberties, Orientation To IBC & Arbitration

Justice Rohinton Nariman's seven year old tenure as a judge of the Supreme Court has come to an end on August 12. He was appointed as a judge of the Supreme Court on July 7, 2014, only the fifth senior counsel to be elevated from the bar to the bench. During his tenure, Justice Nariman has authored notable judgments that have contributed to the country's evolving jurisprudence on the fundamental rights and liberties of citizens. Justice Nariman was also part of the bench which steered the...

Merit Must Predominate In Judges Appointments; Time For More Direct Appointees : Justice Nariman In Farewell Address

Justice Rohinton Nariman, who retires as a Supreme Court judge today, said in his farewell speech that merit must be the predominant factor to be considered in judicial appointments.While delivering his address at the farewell function organized by the Supreme Court Bar Association, Justice Nariman said that the people of India and the litigating public have a legitimate expectation of a...

'Why Has Response Not Been Filed Despite Previous Directions?': Madras High Court Pulls Up Centre For Delay In Filing Response To Pleas Challenging IT Rules 2021

The Madras High Court on Wednesday took serious objection to a request made by a counsel for the Union of India to grant more time to file its response to petitions challenging the validity of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 (IT Rules, 2021). The Court is currently adjudicating upon two writ petitions challenging the...

Centre Need Not Be Majority Shareholder In National Insurance Cos : Parliament Passes Insurance Amendment Bill

The Parliament on Wednesday (August 11) passed the General Insurance Business (Nationalization) Amendment Bill 2021 which removes the condition that the Central Government should hold 51% shareholding in state-owned general insurance companies.The proviso to Section 10B of the General Insurance Business (Nationalization) Act 1972 requires that the shareholding of the central government in...

Courts This Week- A Weekly Round Of Important Legal Developments In The Country [Episode-77]

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'Sheer Lawlessness' : Karnataka High Court On Unveiling Of Shiva Statue In Begur Lake Violating Stay Order; Asks Police Commissioner To Probe

The Court said that there was no religious issue involved in the case and it was considering the legal issue if BBMP could make artificial islands in the Begur lake

Chief Secretary Assault Case: Delhi Court Discharges CM Arvind Kejriwal, Deputy CM Manish Sisodia, And 9 Others-Read Judgment

A Delhi court today discharged Delhi's Chief Minister Arvind Kejriwal, Deputy Chief Minister Manish Sisodia and nine others in a case of the alleged assault on the then Chief Secretary Anshu Prakash. However, the special MP/MLA court, presided over by Additional Chief Metropolitan Magistrate Sachin Gupta has ordered framing of charges against two AAP MLAs - Amantullah and Prakash Jarwal...

Impact Of Supreme Court Direction : Karnataka HC Says Govt Order Withdrawing Prosecution Won't Apply To MPs/MLAs

In the light of the order passed by the Supreme Court yesterday, the Karnataka High Court on Wednesday said that the order issued by the Karnataka Government on August 31, 2020 to withdraw criminal prosecutions will not apply to sitting or former MPs/MLAs.Yesterday, a bench led by the Chief Justice of India had ordered that no criminal prosecution must be withdrawn against MPs/MLAs without...

Allahabad High Court Dismisses Plea By Lawyer Seeking Home Delivery of Liquor

The Allahabad High Court has dismissed a PIL which sough a direction to the State for framing necessary policy for home delivery of liquor.A Bench of Acting Chief Justice Munishwar Nath Bhandari and Justice Subhash Chandra Sharma noted that the petitioner did not cite reasons like avoiding overcrowding rather it relied on argument of increase in revenue of the State."Petitioner has shown...

'Perversity' Or 'Patent Illegality' Not Grounds To Refuse Enforcement Of Foreign Arbitration Award: Supreme Court

The Supreme Court observed that perversity of an award is not a ground to refuse enforcement of a foreign award under Section 48 of the Arbitration and Conciliation Act, after 2015 amendment.The Court held that the ground of "patent illegality" is only available to set aside domestic arbitration awards made under Part 1 of the Arbitration and Conciliation Act and will not apply to...

Unconstitutionality Of Marital Rape Exception In Indian Penal Code

The Kerala High Court delivered a landmark judgment in which it held that 'marital rape' is a good ground for divorce. Merely for the reason that the law does not recognise marital rape under penal law, it does not inhibit the court from recognizing the same as a form of cruelty to grant divorce, Justice A. Muhamed Mustaque observed in the judgment.This judgment, in a way, reignites the debate about the necessity of retaining 'Marital Rape' exception in the Indian Penal Code.Exception to Section...