The Politics Of Judicial Appointments

“It is perfectly possible to pervert the Constitution, without changing its form, by merely changing the form of the administration and to make it inconsistent [with] and oppose to the spirit of the Constitution.” -Dr BR AmbedkarTwo remarkable judges delivered judgments which were path-breaking, but both paid the price for courage under the fire of the Executive. One of the judges was transferred to the Madras High Court. The second judge is now being objected to by the government to be brought...

Contract Employees In Govt Establishments Entitled To Maternity Leave At Par With Govt Servants: Kerala HC [Read Judgment]

The High Court of Kerala has held that contract employees in government-funded establishments are entitled to maternity leave in the same manner as government servants. The judgment was given by Justice Anu Sivaraman while considering the plea of women engaged on contract service by the government. Some of the petitioners were working on contract basis in the Additional Skill...

Analyzing The Foreign Lawyers/Law Firms Entry Ban Judgment

The Supreme Court, speaking through Justice AK Goel and Justice UU Lalit, recently held that foreign law firms/lawyers are not permitted to practice the profession of law in India. The bench decided civil appeals challenging two orders: one by the Madras High Court which had held that foreign law firms or foreign lawyers cannot practice the profession of law in India either on the litigation or non-litigation side, unless they fulfill the requirement of the Advocates Act, 1961 and the Bar...

Hindu Converted To Islam Is Entitled to Inherit Father’s Property: Bombay HC [Read Judgment]

Hindu converted into other religion is not disqualified to claim the property under Section 26 of the Hindu Succession Act, the court observed.The Bombay High Court has observed that a Hindu, who converted to other religion, is entitled to his/her father's property if father died intestate.Justice Mridula Bhatkar observed that the right to inheritance is not a choice but it is by birth and,...

‘Specific Performance To Be Compulsorily Ordered By Courts’- Know About Changes Proposed By Specific Relief Amendment Bill [Read The Bill]

The Lok Sabha recently passed the Specific Relief (Amendment) Bill 2018, proposing to bring significant amendments to Specific Relief Act 1963.One of the major features of the amendment is that it makes the grant of specific performance of contracts compulsory, by taking away the discretionary power of courts. As per Section 10 of the Act (as it stands now), specific performance of...

‘I Believe It Is Primarily My Responsibility To Rectify It’ : Justice GS Patel Rectifies His ‘Per Incuriam’ Order By A Suo Motu Review [Read Judgment]

I should not, I think, permit anyone to even inadvertently fall prey to the mischief that I decried. Last, having realized the error, I believe it is primarily my responsibility to rectify it, the Judge said.Justice Gautam Patel, suo motto reviewed his order he delivered in January, last year after he realized that it was an error and a particular Rule has been overlooked by him.The Judge...

NEROs WE ARE

When speech is the duty, it is a sin to be silent. The hottest place in hell is reserved for such sinners, it is said. We may not be able to reserve the cosiest part of heaven for ourselves, but try we must dereserve the hottest spot in hell. Let me try.I do read a lot about the "misfortune" of Justice K.M. Joseph. I also hear about the "embarrassment" of Ms. Indu Malhotra, the first woman recommended for Judgeship directly to the Supreme Court.I am not at all on the "misfortune" of Justice...

SC Paves Way For Housing, Commercial, Redevelopment Projects In Mumbai With Rider Of Proper Disposal As Pre-Condition [Read Order]

Paving the way for hundreds of residential and commercial projects in Mumbai which had come to a halt following the Bombay High Court ban on new construction due to poor disposal of construction and demolition waste, the Supreme Court on Thursday permitted construction activity with a rider that builders/ developers would be employing adequate safeguards to prevent dust particles dispersing...

Remembering Justice Bharuka (June 15, 1941- March 15, 2018)

Former Acting Chief Justice of the High Court of Karnataka Dr Justice GC Bharuka passed away in New Delhi in the early hours of Thursday.He was born on 15.06.1941. After completing his studies, he started law practice in 1968 from Patna High Court. He was designated a senior advocate in 1984, elevated to the bench in 1990 and later transferred as a judge of the Karnataka High Court in...

Enact Anti-Torture Law, Possibly In Current Budget Session: Former Law Minister Dr. Ashwani Kumar Writes To PM Modi [Read Letter]

Almost three months after the Centre assured the Supreme Court that it was "seriously considering" the Law Commission of India report that had recommended ratification of UN Convention against Torture and Other Cruel Inhuman or Degrading Treatment or Punishment, Former Law Minister Dr. Ashwani Kumar has now written to Prime Minister Narendra Modi, highlighting the need for an...

Access To Legal Aid In India : An Unfulfilled Promise ?

Why Legal Aid?Access to legal services continues to be a challenge for a substantial segment of the Indian population due to geographical, resource and infrastructure constraints. Since legal representation is costly and out of reach for the disadvantaged, the need for legal aid arises. The problem has been compounded by the failure to mainstream legal-aid services, particularly for the marginalized sections at the panchayat levels. Marginalised communities, especially rural and tribal...

"Your Lordship Is One Of The Most Patient Chief Justice I have Ever Seen : Dhawan To CJI Misra

Talk about courtroom humour, and Senior advocate Rajiv Dhawan never disappoints.Dhawan again provided some lighter moments amidst the high-voltage Ayodhya case hearing in a packed courtroom No.1 of the Supreme Court today.At one moment when Chief Justice Misra disagreed with Dhawan that he had not argued a particular point on an earlier date regarding reference of the case to a larger...