Delhi Riots- "Pained To See The Lackadaisical Attitude": Court Pulls Up Delhi Police For Callous Approach In Madina Masjid Vandalism Probe

Forming a prima facie opinion that there was negligence on part of the investigating agency, a Delhi Court on Tuesday pulled up the Delhi Police for its "lackadaisical attitude" for not being aware that a separate FIR was already registered in relation to the Madina Masjid vandalism case.Allowing the revision petition filed by the Delhi Police, Additional Sessions Judge Vinod Yadav sent back...

'Fundamental Right To Form Cooperative Societies', 'Article 43B': Remnants Of 97th Constitutional Amendment After Supreme Court Judgment

The Supreme Court struck down most of the provisions introduced by 97th Constitutional Amendment on the ground that the requisite ratification from states was not obtained as per Article 368(2) of the Constitution.The majority (2:1) also held that Part IXB is operative insofar as multi-State co-operative societies are concerned. But there are a couple of important provisions inserted by...

Supreme Court Sheds Light On The Contours Of Ministry Of Cooperation

A pronouncement on the scope of Parliament's power over co-operative societies translates into a pronouncement on the contours of the newly created Union Ministry of Cooperation

Section 482 CrPC: Interim Protection Order Can Be Passed In Exceptional Cases Giving Brief Reasons: Supreme Court

The Supreme Court observed that the High Courts can pass interim protection order in Section 482 CrPC petitions in exceptional cases by giving brief reasons.What is frowned upon in Neeharika Infrastructure Pvt. Ltd. vs. State of Maharashtra is the tendency of the courts to pass blanket, cryptic, laconic, nonspeaking orders reading "no coercive steps shall be adopted", the bench...

'To Give In To Pressure Groups A Sorry State Of Affairs' : Supreme Court Slams Kerala's Lockdown Relaxations Ahead Of Bakrid

The Supreme Court on Tuesday strongly slammed the decision taken by the State of Kerala to give relaxations in the COVID19 lockdown norms for three days on account of Bakrid.The Court took a highly critical view of the State's decision to allow the opening of all shops in areas marked as Category D- where the COVID infection rates are critical with Test Positivity Rate above 15% - to...

Supreme Court Strikes Down 97th Constitutional Amendment To The Extent It Relates To Co-operative Societies [Updated With Judgment]

The Supreme Court on Tuesday upheld a 2013 judgment of the Gujarat High Court which struck down the provisions of the Constitution(97th Amendment) Act 2011 to the extent it introduced Part IX B in the Constitution to deal with co-operative societies.A 3-judge bench comprising Justices Rohinton Nariman, KM Joseph and BR Gavai dismissed the appeals filed by the Union of India against the...

"Positivity Rate Is Extremely High": Gauhati HC Takes Suo Moto Cognizance Of Second Covid Wave In States Of Nagaland, Mizoram, Arunachal Pradesh

The Gauhati High Court has taken suo moto cognizance of the 'alarming situation' of the second covid wave prevalent in the States of Nagaland, Mizoram, Arunachal Pradesh after observing that the positivity rate was extremely high in those places. A full judge bench comprising of Chief Justice Sudhanshu Dhulia, Justices N. Kotiswar Singh and Manash Ranjan Pathak took the suo moto cognizance...

'Master of Roster' Concept Not Equivalent To 'Master Of All I Survey': Calcutta HC Judge Questions Acting Chief Justice On Assigning Of Cases

Justice Sabyasachi Bhattacharyya of the Calcutta High Court on Monday issued a strongly worded order objecting to the transfer of case from him to a Division Bench by the Acting Chief Justice Rajesh Bindal. Addressing a pertinent concern, Justice Bhattacharyya observed that despite issuing specific directions vide the earlier order dated July 16, to list the instant matter as a priority on...

Patna High Court Confers Senior Designation On 16 Advocates, Only One Woman Finds Place In List

The Patna High Court has conferred senior designation on 16 advocates in the Full Court meeting held on Monday. Advocate Nivedita Nirvikar is the only woman who has been designated as a Senior Advocate in the list. The designation has been done in view of the "High Court of Judicature of Patna (Designation of Senior Advocates) Rules, 2019". The notice issued by Registrar General of the...

[Covid-19] Delhi High Court Extends Interim Orders Till July 27, Seeks Impact Assessment Report

The Delhi High Court has sought status report from the Delhi Government on the impact of extension of interim orders, and interim bails granted to the undertrial Prisoners in view of recommendations made by the High Powered Committee with an objective of decongesting jails amid Covid-19 pandemic. (In Re: Extension of Interim Orders)Taking note of the fact that presently no Covid-19 case is...

Kamal R Khan Withdraws His Plea In SC Against HC's Order Restraining Him From Making Defamatory Remarks Against Vashu Bhagnani

Kamaal R. Khan has withdrawn his petition filed in the Supreme Court against the Bombay High Court's interim order restraining him from making defamatory statements/videos on social media against Bollywood producer Vashu Bhagnani. Senior Advocate Rakesh Khanna, appearing for Kamaal R. Khan, sought to withdraw the appeal with the option to appeal before the Division Bench of the Bombay...

Treating Ordinary Country Bomb Cases As Terrorist Offences Will Defeat Purpose Of NIA Act : Madras High Court

The Madras High Court has expressed concern about the difficulties which will be caused by sending all cases involving scheduled offences under the National Investigation Agency Act to the 'Special Courts' notified under the NIA Act.Since Explosive Substances Act is also a schedueld offence under the NIA Act, every case involving the offences under the Explosive Substances Act will have to go...