In A First, Supreme Court Collegium Puts On Record Reasons To Reject Centre's Objections To Proposals

In a first, the Supreme Court collegium has put on record the reasons to reject the objections raised by the Central Government to recommendations made regarding judges appointment.The Supreme Court collegium reiterated the names of 5 advocates for elevation to various High Courts. They are Saurabh Kirpal (Delhi High Court), Somasekaran Sundaresan (Bombay High Court), John Sathyan (Madras...

Infrequent Use of Basic Structure Doctrine By The Courts Makes Fears Of Its Critics Misplaced

The Vice President, Jagdeep Dhankhar’s address at the inauguration of the 83rd All India Conference of Presiding Officers in Jaipur on January 11 appears to have drawn more attention than it deserved because of its timing. In his address, Dhankhar referred to the ‘basic structure’ five times. First, he said that ‘the basic’ of any ‘basic structure’ has to be the supremacy of mandate of people. He inferred from this understanding that the primacy and sovereignty of Parliament and...

Being Openly Gay Or Expressing Views Not Bar For Judgeship: SC Collegium Reiterates Proposals [VIDEO]

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'Expression Of Views Will Not Disentitle A Candidate' : Supreme Court Collegium Reiterates Proposal To Elevate Somasekhar Sundaresan As Bombay HC Judge

The Supreme Court Collegium has reiterated its last year’s recommendation to the Centre to appoint Advocate Somasekhar Sundaresan as Judge of the Bombay High Court holding that his views on social media cannot be used to infer he’s highly biased opinionated person. The collegium of Chief Justice of India DY Chandrachud, Justice Sanjay Kishan Kaul and Justice KM Joseph held....

Saurabh Kirpal's Openness About Sexual Orientation Doesn't Make Him Unsuitable For Judgeship: Supreme Court Collegium Reiterates Proposal

The Supreme Court Collegium has expressed its disagreement with the Centre which returned the proposal to appoint gay Advocate Saurabh Kirpal as a Judge of the Delhi High Court, based on his openness about his sexual orientation.The Centre apprehends that given his "attachment" to the cause of gay-rights, it cannot rule out the possibility of Kirpal's bias and prejudice. It had therefore...

'No Manifest Error In CCI Findings Against Google' : Supreme Court Affirms NCLAT Order Refusing To Stay CCI Order In Android Dominance Matter

The Supreme Court on Thursday refused to interfere with the order of the National Company Law Appellate Tribunal which refused to stay the order of the Competition Commission of India (CCI) which imposed a penalty of Rs 1,338 crore on Google India for abuse of dominance in relation to Android eco-system.However, the Court directed the NCLAT to dispose of the appeal filed by Google by March...

Divorce Can't Be Sought On Ground Of Partner's Infertility, Amounts To Mental Cruelty: Calcutta High Court

The Calcutta High Court on Tuesday ruled that infertility of a woman cannot be a valid ground for seeking divorce. The Court also underscored that asking for divorce by mutual consent from one’s wife who is in a traumatic situation for having developed primary infertility amounts to mental cruelty within the definition of Section 498A of the IPC.Justice Shampa Dutt (Paul) observed,“The...

Do Journalists Have To Disclose Their Sources To Investigating Agencies? [VIDEO]

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Lakhimpur Kheri - 'Will Poor Prisoners Get Relief If Ashish Mishra Is Also In Jail?': Supreme Court Reserves Judgment On Bail Plea

The Supreme Court on Thursday reserved judgment on the petition filed by Ashish Mishra, son of Union Minister Ajay Mishra, seeking bail in the Lakhimpur Kheri case related to the killing of five persons.A bench comprising Justices Surya Kant and JK Maheshwari, during the hearing which lasted for nearly two hours, expressed inclination to grant bail to Mishra, considering his period of...

‘Has Adverse Impact On Victim’s Psyche’: Delhi High Court Issues Guidelines On Presence Of POCSO Victims During Bail Hearings

The Delhi High Court has issued a slew of directions regarding the presence of POCSO victims during bail hearings, observing that the same has an adverse impact on the psyche of the victim. Justice Jasmeet Singh directed that the victim can be produced virtually before the court, either by the IO or a support person, by way of Video Conferencing or by taking assistance of the District...

Passive Euthanasia : Doctors Body Tells Supreme Court About Practical Difficulties In "Living Will" Guidelines

A Constitution Bench of the Supreme Court, on Wednesday, continued with the hearing of the Miscellaneous Application seeking modification of the guidelines for Living Will/Advance Medical Directive that was issued by way of its judgment recognising 'passive euthanasia' in Common Cause v. Union of India And Anr.Living Will/Advance Medical Directive is a written document that allows a patient...

Pay Hike For Judicial Officers : Supreme Court Agrees To Grant Extension For States Which Sought Time For Compliance

The Supreme Court of India on Wednesday heard a petition seeking implement of the order dated 22.07.2022 which had directed the Center and the States to pay judicial officers pension as per the enhanced pay scale as recommended by the Second National Judicial Pay Commission. The matter was listed before a bench comprising Chief Justice DY Chandrachud and Justice PS Narasimha. At the...