Explained-What Is Curative Petition?

Curative petition is the last constitutional remedy available to a person whose review petition has been dismissed by the Supreme Court.Though the Constitution explicitly speaks about the review power of the Supreme Court under Article 137, it is silent about 'curative power'. The curative petition was given shape and form in the case of Rupa Ashok Hurra v. Ashok Hurra & Anr.,where the...

"If You Don't Have Experience At The Bar, You Cannot Know All The Streams Of Law",Observes Justice Arun Mishra

Supreme Court bench comprising Justices Arun Mishra, Vineet Saran and S. Ravindra Bhat on Wednesday continued hearing regarding appointments of Civil Judges to the post of District Judges against the quota reserved for appointments directly from the Bar."They have carved out a separate category for bar members. The purpose was that the bar has better representatives than those appointed...

'Reading Of Preamble Not Incitement To Offence' : Delhi Court In Chandra Shekhar Azad's Bail Order [Read Order]

In the order granting bail to Bhim Army chief Chandra Shekhar Azad, a Sessions Court in Delhi has observed that the offences alleged by the police are not prima facie made out against him at the present moment.Azad was arrested by Daryaganj police on December 21 on allegations of violence during protests against the Citizenship Amendment Act 2019.The FIR registered against him mentioned...

[Breaking] Chandra Shekhar Azad Granted Bail On Condition To Stay Out Of Delhi For A Month [Read Order]

A Delhi Court on Wednesday granted bail to Bhim Army Chief Chandra Shekhar Azad, who has been under custody since December 21 for allegedly inciting violence during anti-CAA protests in Daryaganj.Additional Sessions Judge Dr. Kamini Lau of Tis Hazari courts imposed the condition that Azad should stay out of Delhi for a month and should remain in his native place Saharanpur in Uttar...

Nirbhaya Case : Delhi HC Refuses To Interfere With The Death Warrant Issued By Trial Court

Delhi High Court has refused to interfere with the order passed by the Sessions Court on January 7 for the execution of the four convicts in the Nirbhaya rape case. The Division Bench of Justice Manmohan and Justice Dhingra noted that the Session Court's order is not erroneous, as the same was passed in compliance with the previous orders of the Supreme Court. Moreover, till the passing...

Breaking : State Of Chhattisgarh Files Suit In SC Against NIA Act [Read Plaint]

The State of Chhattisgarh has filed an original suit in the Supreme Court under Article 131 challenging the National Investigation Agency Act 2008 stating that it is ultra vires the Constitution.This is the second suit by a state government filed this week against a Central legislation. On Monday, Kerala had filed a suit against the Citizenship Amendment Act 2019.It is stated in the plaint...

Can Civil Judges Be Appointed Against District Judges Posts Reserved For Bar Candidates? SC Begins Hearing

On Tuesday, a Supreme Court bench comprising Justices Arun Mishra, Vineet Saran and S. Ravindra Bhat took up the reference regarding appointments of Civil Judges to the post of District Judges against the quota reserved for appointments directly from the Bar. According to Article 233(2) of the Constitution of India, a person not already in the service of the Union or of a State becomes...

Taking Note Of Casual Remand Orders, Patna HC Directs Judicial Academy To Give Training To Magistrates [Read Order]

The Patna High Court has asked the Director of the Judicial Academy at Patna, to train Judicial Officers in matters of custody and remand applications. The order has been passed by the bench of Chief Justice Sanjay Karol and Justice Anil Kumar Upadhyay in a writ petition, after noticing the casual remand orders passed by a Magistrate in violation of SC guidelines. As per the law...

Kerala vs Centre : Other Instances Of States Filing Suit In SC Against Central Laws

Kerala's suit is fifth instance of case under Art 131 against central legislation.

Nirbhaya Case : SC Dismisses Curative Pleas Of Two Death Row Convicts [Read Order]

A 5-judge bench of the Supreme Court on Tuesday dismissed the curative petitions of Vinay Sharma and Mukesh, two of the four convicts awaiting execution of death penalty in the Nirbhaya gang rape-murder case. The bench comprising Justices N V Ramana, Arun Mishra, R F Nariman, R Banumathi and Ashok Bhushan did not find any merits in the curative petitions. On January 7, Additional...

'You Are Behaving As If Jama Masjid Is Pakistan', Judge Tells Prosecutor In Chandra Shekhar Azad Bail Hearing

The bail hearing of Bhim Army chief Chandra Shekhar Azad witnessed some crucial observations made by Tis Hazari Additional Sessions Judge Dr. Kamini Lau.The Public Prosecutor opposed the bail application saying that Azad had incited violence through his social media posts. The Prosecutor initially refused to share the posts with Azad's counsel Mahmood Pracha. But the judge sternly said that...

Breaking : State Of Kerala Files Suit In SC Against Union Govt Challenging Citizenship Amendment Act [Read Plaint]

In an unusual move, a state government has filed an original suit in the Supreme Court challenging a central legislation.The State of Kerala has filed a suit under Article 131 of the Constitution of India challenging the validity of the controversial Citizenship Amendment Act 2019. Kerala is the first state to approach SC against this Act.The Union of India, represented by Secretary, Ministry...