SC Tells Centre To Consider Viability Of Implemention Of "One Nation One Ration Card Scheme" [Read Order]

The Supreme Court on Monday observed that the feasibility of a plea seeking implementation of the "One Nation One Ration Card" forthwith for benefitting the migrant workers be introspected by the Union.Even though, the bench comprising Justices N.V. Ramana, Sanjay Kishan Kaul & B.R. Gavai did not consider it appropriate to intervene for advanced implementation of the said scheme...

SC Explains Scope Of Remand Under Order XLI Rule 23A CPC; Appellate Courts Must Not Pass Orders Of Remand In A Routine Manner [Read Judgment]

Discussing the powers of remand under the Code of Civil Procedure, the Supreme Court has reiterated that re-trial should not be ordered in a routine manner, and that the appellate court must not pass orders of remand in a routine manner.This was in the civil appeal titled Shivakumar and others vs Sharanabasappa and others.A bench comprising Justices A M Khanwilkar, Hemant Gupta and...

Remembering Justice H R Khanna On The 44th Anniversary Of ADM Jabalpur Verdict

In April 1976, when the infamous Emergency was in place in India, the New York Times wrote an article eulogising a Judge of the Indian Supreme Court, for his dissenting opinion in a judgment. The article titled 'Fading Hope in India' lauded Justice H.R. Khanna for his dissenting opinion in ADM Jabalpur v. Shivkant Shukla, (1976) 2 SCC 521, which was delivered 44 years ago today.The case in ADM Jabalpur arose during the period of Emergency in India (1975-1977). The President exercising his...

Deemed University Covered Under Prevention Of Corruption Act : SC [Read Judgment]

In a significant judgment, the Supreme Court held that a 'deemed university' will come under the ambit of Prevention of Corruption Act, 1988.Holding thus, a three-judge bench comprising Justices N V Ramana, Mohan M Shantanagoudar and Ajay Rastogi set aside a judgment of the High Court of Gujarat, which allowed the discharge of trustees of a deemed university from the prosecution of a...

Plea In SC To Draw Up A Uniform Policy For Giving Financial Assistance To Lawyers In Times Of Emergencies [Read Petition]

A PIL has been filed in the Supreme Court seeking to draw up a uniform policy for giving financial assistance to lawyers in times of emergencies, like the present outbreak of COVID-19 pandemic and others in the future. The petition has been filed by Advocate and Executive Member of the Supreme Court Advocate on Record Association, Mr. Abhinav Ramkrishna who pointed out that lawyers...

A Citizen Must Have Some Standing Or Knowledge Before Questioning Capability & Integrity Of A Judge : SC [Read Judgment]

Healthy and constructive criticism of the judgments cannot amount to contempt of Court.

BREAKING: SC Holds 3 Persons Guilty Of Contempt Of Court Over 'Scurrilous & Scandalous' Allegations Against Judges [Read Order]

The Supreme Court on Monday held three persons guilty of contempt for 'scurrilous and scandalous' allegations against judges.A bench comprising Justices Deepak Gupta and Aniruddha Bose held Vijay Kurle(State President, Maharashtra & Goa, Indian Bar Association), Rashid Khan Pathan (National Secretary, Human Rights Security Council) & Nilesh Ojha (National President, Indian...

Courts This Week- A Weekly Round Of Important Legal Developments In The Country [Episode-11]

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"If Business Does Not Start, How Long Will People Sustain Without Jobs?" SC Issues Notice In Plea Against Media Houses Laying Off Employees Amid Lockdown

The Supreme Court on Monday issued notice in a plea against all media organizations who laid off employees or forced them to take remuneration kickbacks in wake of the nationwide lockdown.A bench of Justices NV Ramana, Sanjay Kishan Kaul & B.R. Gavai expressed concern over the said issue of termination of employees amid the Coronavirus induced lockdown and stated that this issue...

Kesavananda Bharati -II : The Case We Do Not Know, But Ought To Know

[This post is part of a special series celebrating 47 years of the decision in Kesavananda Bharti v. State of Kerala, wherein the Supreme Court of India laid down the 'Basic Structure Doctrine']. The Supreme Court of India in Kesavananda Bharti v. State of Kerala [(1973) 4 SCC 225] had laid down the basic structure doctrine, according to which the Parliament can amend any part of the Constitution barring certain fundamental features. The verdict did not please the government led by...

[Order 8 Rule 1 CPC ] Time Limit To File Written Statement : Mandatory Or Directory

Does Desh Raj v. Balkishan clarify whether the time limit to file Written Statement is Mandatory or Directory?

Law On Damages For Breach Of Contract

In the times of COVID-19, as the world has come to a standstill, innumerable contracts would be in a state of stasis, having remained unexecuted or only partially executed, performance not having taken place or having become impossible, payments not made or not entirely made, many contractual promises unfulfilled. We do not know the future post COVID-19 but experts have warned of...