Speaking his mind to this end before he left service as the Chief Justice of India, Justice DY Chandrachud held that the citizens should not be stifled through threats of destruction of property and noted that the bulldozer justice would not obtain in an India governed by the rule of law. To this, he summarized that freedom of a citizen’s dwelling or sanctuary is as much a right that warrants protection as is safety and security. As a result the state is compelled to apply the procedural protections/due process before acting upon perceived illegal infringements or developments.
The Supreme Court on Monday issued notice on a plea by Sikh leader Sudershan Singh Wazir who sought release from a murder case on the grounds of discharge being granted by Home Secretary Delhi on 20 September on the basis of recommendations of Special Cell Delhi Police. A division bench of Justice Abhay S Oka and Justice Augustine George Masih not only stopped Wazir from surrendering but also passed an order that no proceedings in the trial might go on against Wazir until further order.The Supreme Court issued notice returnable on 28.01.2025 and the case of Wazir is to be included in the first five cases on that date. That particular incident of murder of former State National conference MLC Trilochan Singh Wazir in September, 2021, shook the Union Territory of JK, and Sadarshn Singh Wazir, the then President of the Jammu and Kashmir State Gurdwara Parbandhak Board , stands implicated into the ugly act. On November 4th the Delhi High Court single bench of Justice Anish Dayal permitted an application by the prosecution to stay the discharge order that has earlier been passed by the trial court in favour of Wazir and several co accused persons.The trial court on the 26th October,2023 had discharged Sudershan Singh Wazir along with co accused Balbir Singh, Harpreet Singh Khalsa and Rajinder Chaudhary Later on, the prosecution appealed in this respect and the High Court halted the discharge order of the trial court. Out of those accused discharged at that time, three had already been taken into judicial custody while Wazir was released on 20th October 2022. After the High Court stayed the discharge order, the prosecution filed another application for Wazir’s extradition, contending that his release was as a result of the trial court order that has been stayed.This led the High Court while making the order granting application of the prosecution to point out that since, Wazir was released by virtue of the discharge order and that discharge had been put under stay the release likewise became void. It claimed that Wazir could not continue being protected by an order that was on appeal. The High Court observed that for the stay order to mean something, the custody of Wazir needed to be guaranteed “ineffective, of no consequence, and bereft of any teeth.” The High Court further said that Wazir was free to seek bail in the lower court and the prayer would be addressed on merits.
Supreme Court held that if one partner is carrying on business with the help of assets of the firm, until a settlement is made, then the outgoing partner would have the right to seek account and share of profits which he might earn on his share of the assets of the business.and a share in the profits which might be derived from his share in the assets of the firm. In the bench constituted with Chief Justice DY Chandrachud and Justices JB Pardiwala and Manoj Misra observed that, the profits earned by an entity on account of the newly acquired assets of a partnership firm out from operation of the partnership business without consent of the outgoing partner, the said profits would be apportioned to the outgoing partner in proportion of his share in the assets.The case relates to the question of dissolution account of a The firm dissolution was due to allegation made by one of the partner (the plaintiff) of embezzlement of portion of the funds from the firm against his/her wish. The main question to be addressed relates to the allocation of capital and revenue after dissolution and the obligations of partners on the firm’s assets.
The Preliminary Examination for the recruitment of the new entrants in Uttar Pradesh Higher Judicial Service has been scheduled by the Allahabad High Court and the examination is postponed. The one from the Selection & Appointment/Seniority department by Registrar Maan Vardhan, HJS, only instructs candidates to check the official website of the High Court occasionally for. This recruitment examination is similar to the previous online examination and is essential for the selection of judicial officers to the Uttar Pradesh higher bench wherein candidates from all over Uttar Pradesh appear. Students who are planning for the crucial examination
Currently, the Supreme Court threw out a PIL that called on the Centre to shut down popular messaging app, WhatsApp, if it fails to respect the authority decisions in India.try. A Bench of Justices M.M. Sundresh and Aravind Kumar said it was not inclined to entertain the plea filed by Kerala resident Omanakuttan KG, a software engineer.Omanakuttan in his plea contended that the messaging platform had refused to comply with the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021. ntry and the Ministry of Information and Communications has requested the Centre to ban the operation and use of WhatsApp. The Supreme Court on Thursday (November 14, 2024) disposed of a Public Interest Litigation (PIL) that sought an order on the Centre to prohibit the operation and use of WhatsApp in case it fails to adhere to authorities’ orders in the country. In a brief order, a Bench of Justices M.M. Sundresh and Aravind Kumar said it was not inclined to entertain the plea filed by Kerala resident Omanakuttan KG, a software engineer. Omanakuttan in his plea also claimed that the messaging platform had not agreed to follow the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021. Draconian rules: On the emergent manifestations of the IT Intermediary Guidelines and Digital Media Ethics Code Amendment Rules, 2023 This it said breached the rights of the citizens as in Article 21 of the constitution, as well as being a potential threat to national interest and national security. If the app was not ready to adapt to the new technology and failed to be a part of Government action, it was no rights to run its operation in the country. Many websites and mobile applications had been blocked by Centre for being acting against the interest of the country, it said.
However, the Punjab and Haryana High Court has recently dismissed the prayer of a mother seeking pre-arrest bail in a case in which she was accused of sexually abusing her 2 years old son along with her alleged lover observing that the role of a mother is to protect and nourish the child but here in the present case, the act of the applicant is quite opposite to motherly obligations and any person who violates the standard of such an important figure Notably, Justice Sumeet Goel’s view; stating that the behaviour and actions common by the petitioner as a mother to the victimised child is highly worrisome and has acted as a demeanour to shame society negatively impact it. Such action if the truth be told would be a violation of the right and responsibilities that comes with being a mother they also discredit the legally and morality accepted responsibilities of a mother child relationship.” The Court was hearing the anticipatory bail plea filed by the mother who was accused of making her 2 years old son in immoral activities with the accused- paramour. The FIR was registered under Sections 3, 4, 11(ii) of the Protection of children from Sexual Offences Act (Amended) 2012, 2019 and offence under Sections 6, 10, 15, 16 of Protection of Children from Sexual Offences Act (Amended) 2012, on the statement made by the complainant which he has extramarital relations with his wife (Petitioner The complainant stated that he found two obscene picture of his 02 years old son on the mobile phone of his wife recently. In these pictures the alleged mistress of the petitioner seems to be neglect and using violence on the young child. As it will be apparent from the foregoing, the Court had made a note of the fact that the alleged criminal act as attributed to the petitioner has a propensity to produce devastating effects on the fabric of society at large.
It can be summarized that the marriage between the parties turns into a legal fiction though filled by a tie. Therefore, by failing to cut that tie, the law in such cases, does not uphold sanctity of marriage; on the contrary, it regards the feelings and emotions of the parties too lightly. Allahabad High Court: During evaluation of a case by the husband under Section 19 (1) of the Family Courts Act, 1984 along with Section 28 of the Hindu Marriage Act, 1955 (‘ HMA’) and Section 96 of Civil Procedure Code, 1908 against the order of the Family Court to reject the petition for the decree of divorce under Section 13 of HMA the division bench of Rajan Roy and Om Prakash Sh
While Delhi chokes with frightening bad air quality on Monday, November 19th, the Chief Justice of India, Sanjiv Khanna announced that the lawyers would have an option to appear virtually.Senior Advocate however pointed out that CJI refused to give a commitment that all the functioning of the Courts would be virtual although Solicitor General of India Tushar Mehta
Delivering the split of order of the Supreme Court (SC) of India on November 19, 2024 (Yesterday), Justice held that a woman who files for divorce is allowed to lead similar lifestyle as they used to enjoy while living with their husband. The Division Bench of the SC comprising of Honourable Justice Vikram Nath and Honourable Justice Prasanna B Varale while passing its order said that, the appellant wife was having a standard of her living in the matrimonial home therefore, during the pendency of the divorce petition, she is also entitled to enjoy amenities of life as she would be entitled to, were she staying in the matrimonial home. The bench was hearing two appeals, filed by the husband where he wanted the maintenance amount lowered, and the other file by the wife where she wanted the amount to be raised. These appeals relate to the impugned order dated 12.12.2022 passed by the Madras High Court wherein the direction for monthly maintenance payable to the wife has been slashed from Rs.1,75,000/-(Rupees One Lakh and Seventy-five thousand only) to Rs.80,000/- (Rupees Eighty Thousand only). Hereinafter, the appellant/wife and the respondent/husband got married on 15/09/2008 legally in accordance with the Christian marriage. It didn’t produce any issues, and the husband had one son from the previous wife. It is in 2019 the husband sought a divorce under Section 10 (i) of the Indian Divorce Act, 1869 based on married life incompatibility. He accused her of cruelty while recounting sundry happenings and then prayed for divorce. Interim maintenance sought by the wife during trial which is within the trial is Rs.2,50,000/- (Rupees Two Lakh and Fifty Thousand only) per month. On relegating the status of the parties together with the standard of living, income and the assets, this region, the Family Court inter alia stated “It would be reasonable for the respondent/husband herein to pay Rs.1,75,000/- per month for the maintenance of the applicant/wife and directed the respondent to do so for interim maintenance.” However, High Court cut down the sum to Rs. 80,000/- per month as maintenance. Besides, the matter was taken to the supreme court. After hearing the matter and taking into consideration a number of factors including that the wife had to leave her job, the bench said, “It’s herein evident and we agree with the bench of the High Court that the order reducing the quantum of maintenance to Rs.80,000/- (Rupees Eighty Thousand only) per month was incorrect.” The High Court has regarded only two streams of income in the case of the respondent. First of all, the regular income he receives from his practice as Cardiologist in the Hospital amounts to Rs.1,25,000/- (Rupees One Lakh and Twenty-Five Thousand only) only. Secondly the amount of rent which he and his mother get from a property which according to High Court he receives only fifty percent. However, the High Court has not stepped into the conclusion made by the Family Court that the respondent possesses several valuable properties and they learnt that he is the only legal heir of his father. This the Family Court observed that the respondent has been dwelling all the incomes from properties belonging to his mother. The High Court has not considered whether the number of properties the respondent owns and whether the rental income is of one property only.”Finally, the top court directed: “We permit the appeal of the appellant-wife and qua the appellant-husband, we set aside the impugned order made in the Maddys Care Child Care Private Ltd(sic) on 01.12.2022 and restore the order passed by the Family Court. It was further ordered that the respondent/husband shall deposit interim maintenance in the sum of Rs.1,75,000/-Rupees One Lakh and Seventy-Five Thousand only per month on the order of Family Court, Sitamarhi dated 14.06.2022. Thus, the Supreme Court dismissed the husband annulling his appeal.
Serving as the online court which operates round the clock, this India’s first such court has launched in Kollam district to lessen the number of cases and bring out swift legal remedies. The judge Steered by Judicial First Class Magistrate Surya Sukumaran who is in charge of the court held its first sitting today. The court is fully remote but clients have the option to attend court in person if they wish. The remedies available under section 138 of the Negotiable Instruments Act, 1881, will be mainly dealt in the court. These can be done at court at any time throughout the day. It will work in three judicial first-class courts across Kollam and in the Court of the Chief Judicial Magistrate. The court actively inform clients and attorneys about progress in their cases allowing for flexible control of their affairs at any time from a distance. One wonderful characteristic of this 24×7 online court is that it is a paperless business. All documents to file cases on the courts have to be presented in special online forms on the courts’ websites, thus it could be done at any convenient time and place.Courts are totally virtual: no need to come to the court: all hearings, arguments and trials are conducted online. They intended to send the summonses electronically directly to the police stations of the accused individuals. The accused persons and their sureties can also fill and forward bail applications or bail documents for consideration electronically. Today citizens can file cases both in and out of court from the comfort of their homes, offices or any other location of their choosing. When the member is in a position to engage physically in the courtroom, the court works on a mixed procedure. This new system puts an end to waiting for hear dates, going to the court for filings, and applications or answering summons. The real time calendaring of a court means higher transparency of hearings and interaction with other organizations, such as banks, the police, and the post office, will allow for easy document exchanges . From the dashboards, the users will be able to receive status updates and actions taken in regard to a particular case, according to Boris Paul, a senior advocate in Kollam.
Further in Delhi air pollution matter, the Supreme Court on Friday (November 22) has engaged 13 members of the Bar as court commissioners to the entry points to Delhi to ascertain to whether entry of trucks is being prohibited or not. According to the restrictions set by the Commission for Air Quality Management under GRAP-IV, the entry of trucks is restricted to Delhi-NCR to reduce air pollution. However the Court showed dissatisfaction with the compliance. That being the case, as far as complaince is concerned, we are not satisfied. Government has not made it quite clear about how many entry points are occupied by the officers to fulfill measures of STAGE IV,” the bench, which comprised Justice Abhay S Oka and Justice Augustine George Masih noted.
On November 24, 2024 protests against a second survey of the Shahi Jama Masjid in Sambhal, Uttar Pradesh, turned violent, killing four people and causing widespread unrest. The controversy has since taken a legal turn with a Public Interest Litigation filed in the Allahabad High Court demanding a judicial probe into the role of the police and the District Magistrate in the incident.This arose because of protests by local authorities' actions: while conducting the second survey for allegations of Shahi Jama Masjid having allegedly illegally raised structures on the community premises, public and open area. After failing to make anything of a conclusive verdict after first one. Public and common folk get disturbed. During the protest, tensions between protesters and police turned high. Police had to deploy force on crowds, including lathi charges and tear gas that killed four persons in scuffles and wounded scores of people. Eyewitnesses and several videos on social media have made claims that police overplayed their hand to aggravate public anger. PIL before the Allahabad High Court has some very serious questions from the administrative processes, alleging police and DM were careless and there had been gross misconduct by them and used forces and made a killing with damage in property. A judicial review independent to investigate facts would bring accountability upon failure by the administration procedure. Legal experts feel that the PIL raises larger questions about the handling of protests and communal sensitivities. The critics argue that the process of carrying out the second survey without proper communication has further vitiated the atmosphere. Others feel that the need of the hour is to balance legal nicety with respect for the feelings of communities whose sentiments are involved. The State Government has, however, claimed that the survey is an administrative exercise. According to a spokesperson, the step was taken in accordance with court orders, and it was not intended to be against any particular community. Still, opposition parties and civil rights groups have demanded greater transparency and accountability as they called for immediate action against those responsible for the violence. Allahabad High Court has yet to fix a date for considering the PIL. The case itself is of considerable importance in terms of administrative authority and public trust related to communal matters. Going this long makes the appropriate statements regarding governance and civil liberties in the state of Uttar Pradesh.
The Supreme Court of India has taken a stand in the face of the deepening air pollution crisis in Delhi, focusing on the urgent requirement for long-term solutions. This is when the city has been struggling with hazardous levels of air quality and, as a result, has been subjected to Stage IV of the Graded Response Action PlanCurrent Scenario and GRAP IV Measures Delhi’s air quality index (AQI) recently crossed the 400-mark in several areas, categorizing the air as “severe.” This level of pollution is deemed hazardous to public health, with adverse effects on vulnerable groups, including children, the elderly, and those with pre-existing respiratory issues. GRAP IV, enacted to combat such emergencies, includes measures like a complete ban on non-essential construction activities, closure of brick kilns and stone crushers, and restrictions on commercial diesel vehicles. Despite these initiatives, the level of pollution did not improve by much, and the Supreme Court took proactive steps. The bench, under Chief Justice D.Y. Chandrachud, emphasized that measures taken in the wake of pollution are ineffective and urged a holistic, sustainable solution to air pollution. Stand of Supreme Court on Long-Term Solution During the hearing, the Supreme Court expressed its concern over the recurring nature of the crisis, which peaks every winter due to a combination of vehicular emissions, industrial activities, and stubble burning in neighboring states. The bench emphasized that ad-hoc responses like GRAP, while necessary in emergencies, cannot replace systemic changes required to mitigate pollution sustainably. The Court has instructed the central and state governments and the pollution control authorities to present elaborate proposals on long-term measures. This includes developing clean energy sources, enhanced norms of emission for industries and vehicles, and an efficient public transportation system that would decrease private vehicles usage. The Court further emphasized inter-state coordination and the issue of crop residue burning in Punjab and Haryana. Challenges and Public Reaction While GRAP IV has resulted in curbs that reduce pollution directly, enforcement has been accompanied by several economic and logistical challenges. Banning construction workers and daily-wage laborers has been especially crippling for them. It also leads to a controversy, questioning the effectiveness of measures and whether they address some deeper issues like the un-planned urbanisation or management of waste.
The Jammu and Kashmir High Court recently delivered a significant judgment addressing the rights of Kashmiri Pandit women regarding their migrant status. The case centered on whether Kashmiri Pandit women, registered as migrants, lose their migrant status upon marrying non-migrant individuals. The court’s decision upheld gender equality and reiterated the constitutional guarantee of non-discrimination.The plea was filed by a woman belonging to the Kashmiri Pandit community who stood to lose her migrant status if she was permitted to marry a non-migrant. The rules framed under the Jammu and Kashmir Migrant Act, 1997, confer certain rights and privileges on migrants. The issue, however, was whether women marrying out of their migrant status would be allowed to enjoy the rights and privileges. The government argues that there should be corresponding change in the migrant status of a woman who becomes a Kashmiri Pandit by virtue of change in marital status. Such an interpretation, the petitioner contends, is discriminatory and violative of basic rights under Articles 14 and 15 of the Constitution of India. The court headed by Justice Rahul Bharti questioned the legislative intent and social implications of the Migrant Act. It noted that migrant status is conferred on people on account of their displacement because of the political and communal disturbances in the region. Such status does not depend upon marital bonds or changes in a person's private life subsequently. Justice Bharti noted that penalizing women by stripping them of their status as migrants upon marriage to a non-migrant would perpetuate gender inequality. She rejected the notion of linking rights and status to a marital relationship, describing it as "a leftover of patriarchal attitudes". The judgment drew attention to the overarching principle of constitutional equality and established that a Kashmiri Pandit woman's status as a migrant is not affected by her marriage to a non-migrant. It brought home the point that displacement and the resultant tag of being a migrant arises from larger socio-political circumstances and not from personal choices like marriage. This landmark ruling has been welcomed as the best stride toward achieving gender justice and protecting the rights of a predominantly feminine displaced population. It sets a very loud tone against discriminatory behavior that strikes women.
The Central Bureau of Investigation has filed an FIR against eight lawyers for allegedly fabricating vakalatnamas that authorize advocates to represent clients in court. This case brings to light a serious breach of legal ethics and professional integrity. Questions are raised about accountability within the judicial systemThe FIR was filed on the premise that these lawyers had submitted forged Vakalatnamas to befool courts and represent before courts without the consent of the clients themselves. The issue had come to fore after the complaints from various affected parties and officials with the judiciary highlighted irregularity in documents filed. These fabricated documents carry the signatures or thumb impression of clients and were presumably used to secure favorable rulings in judicial proceedings. Initial investigations reveal that the lawyers involved in this malpractice did so to get access to court cases without the explicit authorization of the parties concerned. In doing so, the lawyers violated the rules of professional conduct and compromised the sanctity of the judicial process. The CBI conducted a preliminary inquiry, and the evidence was found to be in support of the allegations. The agency thus registered the case under multiple sections of the Indian Penal Code (IPC) and the Prevention of Corruption Act. It has caused huge concern within the legal fraternity, with various bar associations and legal experts condemning the actions of the accused. Many have been calling for stricter measures so that this kind of practice does not happen in the future. The Bar Council of India has also taken cognizance of the matter and is considering disciplinary action against the accused lawyers that might lead to suspension or even disbarment. Legal experts, therefore, have emphasized the consequences that fraudulent acts may bring about in the administration of justice. Forged vakalatnamas defeat the purpose placed on advocates as well as result in miscarriage of justice because of the infringement of rights on the litigants. The case therefore reveals the need for verification mechanisms of court filing processes to authenticate and make them transparent. The investigation by the CBI is still under process, but the focus now is to determine the intensity of the forgery and who else is involved in this conspiracy..