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Justice K. Vinod Chandran, J., held that 3 years’ practice at the Bar is essential before entry into the judicial service, as practical courtroom experience cannot be adequately substituted by a structured training programme, and therefore found no ground to review the earlier judgment.
Supreme Court modified the 3-year Bar practice requirement for recruitment as Civil Judge (Junior Division), introducing a transitional regime for fresh law graduates and prescribing 1 year of actual practice, followed by structured judicial training and Law Clerkship, for subsequent recruitments.
The Supreme Court, by order dated 9 May 2014 in Subrata Chattoraj v. Union of India, (2014) 8 SCC 795, had directed the transfer of investigation into the Saradha Chit Fund Scam and other chit fund cases from the State Police to the CBI.
Supreme Court held that termination for suppression of criminal antecedents is not automatic where the employee proves bona fide lack of knowledge, and directed reinstatement with 50 per cent back wages.
The Court stated that National Commission for Scheduled Castes has powers to requisition documents and receive evidence, but it does not have the power to make an order in furtherance of that evidence.
The Court held that although the expression “arising out of” receives a broad interpretation and compensation proceedings are governed by the standard of preponderance of probabilities, the existence of some link whatsoever between the car, and the death had to be established.
Upholding the appellant’s conviction for gang rape, the Court modified the sentence from imprisonment for the remainder of natural life to 20 years’ rigorous imprisonment with the benefit of remission after considering his young age, absence of criminal antecedents, satisfactory conduct in prison and the possibility of reformation.
The present case is an unfortunate occasion where despite repeatedly knocking the doors of the Courts below, there had been an inordinate delay of nearly two decades in the investigation of a criminal complaint.
It was further held that the courts must identify and determine “points for determination”, even in default or ex parte suits, and answer them to resolve the matter of controversy between the parties.
“The concept commonly termed as “deemed forest” has evolved during the proceedings arising out of this case, reflecting the understanding that ecological protection cannot be restricted merely to areas that have undergone formal statutory notification.”
“The law consistently balances caution against undue summoning with the need to ensure that potentially implicated individuals are brought to trial when the record, taken as a whole, reasonably supports it.”
A quick roundup to cover all the important legal developments and cases this week.
Justice Augustine George Masih served as a Judge of Punjab and Haryana High Court, and as a Chief Justice of Rajasthan High Court before being appointed as the Judge of the Supreme Court of India on 9 November 2023.
The Court impleaded Union of India through Secretary, Department of Legislation and State of Uttar Pradesh through its Chief Secretary as new party respondent.
“The judiciary would do well to remain circumspect of these practical realities, and interpret service rules in a manner that furthers the very object of a selection process, that is, the selection of the most suitable candidates from suitable candidates for appointment in a timely manner.”
Strong concerns are raised about misinterpretation and improper implementation of the newly adopted definition of the Aravalli Hills and Ranges. Their dissent arises from perceived ambiguity in the directives, creating a pressing need for further clarification to avoid regulatory gaps that could undermine the ecological integrity of the Aravalli region.
“When a party is unable to analyse, comment or argue on a contention raised by the other party, it will certainly be deemed as a breach of natural justice and thereby, also a violation of the most fundamental notions of justice.”
The High Court had directed that all the candidates who participated in CLAT UG 2025 with respect to the Sets ‘B’, ‘C’ & ‘D’ of question papers shall, as a consequence, be granted the marks indicated against the said question.
“Misuse of the process of Court with an intent to tarnish the image of judiciary, threatening the integrity, and the efficiency of the judicial system cannot be allowed to be overlooked”.
“Equitable considerations do apply when the Court considers the prayer for maintenance under Section 25. The reason is that Section 25 lays down that while considering the prayer for granting relief under Section 25, the conduct of the parties must be considered.”