The Supreme Court – Final but Infallible?

Last few months have been very eventful for the Supreme Court. A lot was shared, a lot was informed, a lot was discovered. In fact a lot of ink has flown on it as well. I, therefore, refrain from going into the flashback. I will restrict myself to two orders passed yesterday by the court and will attempt to answer few legal questions surrounding them. The past events remain important, howsoever, to understand the context of Part – II of this article.Part – IThe Supreme Court bench comprising of...

IIPM- Caravan Defamation Row: Delhi HC Lifts Gag Order On Magazine, Says Evidence Shows Article Based On Truth, Research [Read Judgment]

The Delhi High Court has vacated the injunction order passed against Caravan magazine in the Rs 50 crore defamation suit filed by IIPM (Indian Institute of Planning and Management) founder and dean Arindam Chaudhari while upholding the magazine’s defence of truthfulness.Justice Manmohan vacated the April 12, 2011 order of interim injunction passed by civil judge, Cachar, Silchar, Assam,...

MP HC Asks Counsel To Do One-Hour Community Service Instead Of Imposing Costs To Restore His Case

The Madhya Pradesh High Court recently made a suggestion to the counsel to do one hour of community service instead of imposing costs while allowing restoration application.Justice Anand Pathak suggested the counsel for the applicant to invest one hour of community service while visiting Blind's Home (Madhav Andha Ashram, Chandravadni Ka Naka, Gwalior) along with some food items/ snacks...

‘The Wire’ To Move SC Against The Gag Order On Jay Shah Article

‘The Wire’ has decided to move the Supreme Court against the gag order issued against publishing the article about BJP President Amit Shah’s son  Jay Amit Bhai Shah.The Gujarat High Court on Tuesday restored the gag order on online news portal The Wire barring it from reporting any article on Jay Amit Bhai Shah pending the defamation suit filed by him against the portal.Justice...

Rajasthan HC Allows Student Accused Of Rape Of Co-Student To Continue His Studies [Read Judgment]

A human being has to be given a real chance in life which comes from education, resultant employment and consequent family, the court said.The Rajasthan High Court has allowed a student, accused of raping a co-student, to continue his studies and attend the classes in the college.‘A human being has to be given a real chance in life which comes from education, resultant employment and...

Undertrials Languishing In Jail Despite Bail: District & Sessions Court Judges Fail To Conduct "Risk Assessment" Despite Delhi HC Orders [Read Orders]

The Delhi High Court recently rapped District and Sessions Judges for their non-compliance with its earlier order whereby it had directed them to conduct a "risk assessment" of cases where undertrials have been unable to secure release from jail despite grant of bail.The Bench comprising Acting Chief Justice Gita Mittal and Justice C. Hari Shankar noted that despite its earlier order, it...

Approve Justice K.M. Joseph's Elevation As SC Judge: Kerala High Court Advocates' Association Appeals To The Centre

The Kerala High Court Advocates' Association has appealed to the Centre to forward to the President the Collegium's recommendation for the elevation of Uttarakhand High Court Chief Justice K.M. Joseph to the Supreme Court.In a recent resolution, the Association expresses its "deep concern and anxiety" over the delay in Justice Joseph's elevation. Vouching for his competence, the...

Delhi HC Refuses To Quash I-T Re-Assessment Notice Issued To Robert Vadra's Firm [Read Judgment]

The Delhi High Court has refused to set aside the re-assessment notice issued by the Income Tax Department to Sky Light Hospitality, in which Robert Vadra is a partner, in connection with the DLF- Sky Light Hospitality land deal.Sky Light had challenged the notice contending that it was now a limited liability partnership (LLP) and that the impugned notice was, in fact, issued to M/s Sky...

Why Tobacco is Res Extra Commercium?

Scientist and experts across the globe have unequivocally proved that tobacco use kills half of its user in their lifetime if they do not stop using tobacco (according to government sources tobacco consumption kills more than 900,000 people every year in India). Study also suggests tobacco, which is laced with nicotine, is a highly addictive substance, even more than heroin or cocaine. Over the counter, unrestricted sale of such products per se is an antithesis to the fundamental right to life...

SC Transfers Plea Seeking CBI Probe Into ‘Gangrape’ Of 14-yr-old Scheduled Caste Girl By ‘Men In Uniform’ To Orissa HC

A Supreme Court bench of Justice Adarsh Kumar Goel and Justice UU Lalit has transferred a petition seeking CBI probe into the alleged gang rape of a 14-year-old Scheduled Caste girl by “men in uniform” and subsequently her suicide to death last month in Koraput district, to Orissa High Court saying four petitions on similar issue were pending there.The bench passed the order after the...

Gender Imbalance In Lower Judiciary: Only 27.6% Women Judges In Lower Courts Across India, Finds Vidhi Centre For Legal Policy [Read Report]

Though a lot is said about judicial vacancies, docket explosion and delays when it comes to Indian judiciary, the Vidhi Centre for Legal Policy has scooped out another thought-provoking issue in its report which shows that the lower judiciary across India has a mere 27.6 per cent female judges.In its report titled Tilting The Scale: Gender Imbalance In Lower Judiciary, it shows how of the...

Challenge Against Rule For Allotment Of Chamber To Heir Of Lawyer On The Event Of His Death: SC Issues Notice

The Supreme Court bench of Justices A. K. Sikri and Ashok Bhushan on Friday issued notice on the writ petition filed by Advocate on Record (AOR) Vishnu Shankar Jain challenging the constitutionality of Rule 7B of the Supreme Court Lawyers Chambers (Allotment and Occupancy) Rules.It is the petitioner’s case that the Rule, which provides that upon the death of an advocate having a chamber in...