Bringing you the Best Analytical Legal News
Justice Rajiv Shakdher’s elevation was recommended by the Collegium on 11-7-2024 and his appointment was finally confirmed by the Law Ministry on 21-9-2024.
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Justice Ritu Bahri, who is currently the Chief Justice of Uttaranchal High Court, retires on 10-10-2024.
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On 24-9-2024, the Supreme Court Collegium recommended the names Shashi Bhushan Prasad Singh, and Ashok Kumar Pandey.
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On 24-9-2024, the Collegium recommended the names stating that their inter se seniority will be fixed as per the existing practice.
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Upholding the order, the Court stated that the Governor in the normal circumstance has to act on the aid and advice of the Council of Ministers as obtaining under Article 163 of the Constitution, but can take independent decision in exceptional circumstances and opined that the instant case was one such exception.
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Dismissing the appeal, the Court opined that the respondents had all throughout shown their intention to pay the balance consideration for execution of the sale deed whereas the appellants appeared interested only in challenging the decree before higher Courts.
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“The High Court recorded an incongruous finding that if the offending truck had not been parked on the highway, the accident would not have happened even if the car was being driven at a very high speed. Therefore, the reasoning of the High Court on the issue of contributory negligence is riddled with inherent contradictions and is paradoxical”
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The complainant upon getting impressed by a lucrative deal on Hyundai Santro car via a newspaper advertisement, approached the authorized dealer of Hyundai and deposited booking amount, but did not receive the delivery as assured.
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The Court was hearing a PIL seeking directions for the Union Government clear the Collegium recommendations. The Court is also due to hear a contempt petition filed by State of Jharkhand vis-a-vis delay in clearing the transfer of Justice MS Ramachandra Rao, for appointment as next Chief Justice of Jharkhand High Court.
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These guidelines have come in the wake of a suo motu case concerning the controversial ‘Pakistan’ and ‘undergarment’ comments made by Karnataka High Court judge, Justice Vedavyasachar Srishananda.
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It is to be noted that 5-Judge Bench of the Supreme Court in Bar Council of India v. Bonnie Foi Law College, 2023 SCC OnLine SC 130, had suggested that final-year law students could be allowed to take AIBE.
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To resolve the questions arising and considering the uncertainties regarding time-lapse between the date of the award and its enforceability and the ever-fluctuating exchange rates, the Court formulated twin principles.
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In 2019, Sus Road Baner Vikas Manch, preferred an application before the NGT, Western Zone, seeking to restrain Noble Exchange Environment Solution from operating the GPP, since the same had been established without following the procedure prescribed by law.
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Pointing out that if the law requires a particular thing to be done in a particular manner, the same shall be done in that manner only, the Court held that decision to authorise search must be a decision of the Appropriate Authority as a whole.
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On 5-9-2017, Gauri Lankesh, a journalist and a progressive thinker, was found dead in her house. Suspecting foul play, her sister filed an FIR against unknown persons.
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Considering the contention to read down R. 2(b)(ii) of Karnataka Civil Services (Appointment on Compassionate Grounds) (Amendment) Rules, 2021, the Court pointed out that who all can lay a claim for compassionate appointment, is a matter of public policy that falls within the domain of the lawmaker, and Courts being the legislature’s coordinate branch, cannot run a race of opinions.
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The complainant’s hair became extremely tangled after getting a hair spa treatment. As all efforts to untangle her hair went in vain; she had to cut her hair, which went against her religious tenets and beliefs as a Sikh and the affected her mentally, emotionally and professionally.
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The Court further held that there cannot be an absolute embargo on the Trial Court to initiate process under Section 319 CrPC., merely because a person, who though appears to be complicit, has deposed as a witness.
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The Court stated that subsequent mentioning of the reasons for appointment of junior ranked officer as Judge Advocate in the appellant’s copy of the convening order, especially after putting signatures by the issuing authority, was unauthorised and impermissible.
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The Court strictly observed that the offence against the petitioner is a shade more than horrendous. “More than horrendous, I say, for the reason that the petitioner is a teacher (…) If this cannot become a crime, it is not understandable as to what else can be”.
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