Clarify the administrative authority of the Chief Justice of India as the Master of Roster and for laying down the procedure and principles to be followed in preparing the Roster for allocation of cases.

Shanti Bhushan Vs. Supreme Court of India through its Registrar and Another [DECIDED ON JULY 06, 2018] “the power of framing roster which inheres in the Chief Justice has constitutional and statutory backing and by convention it is treated as prerogative of the Chief Justice” A.K.SIKRI, J. 2. The petitioner herein, who is a senior… Read More Clarify the administrative authority of the Chief Justice of India as the Master of Roster and for laying down the procedure and principles to be followed in preparing the Roster for allocation of cases.

DR. SUBRAMANIAN SWAMY Vs. THE ELECTION COMMISSION OF INDIA AND OTHERS [ALL HC 2007 ALLAHABAD]

Supreme court dismissed the writ petition U/a 32, now the High court shall not entertain  a petition U/A 226 of the Constitution.

After dismissal of the writ petition by the Hon’ble Apex Court, the petitioner has not filed any review petition. It was open to the petitioner to file review and in case of its dismissal a curative petition. He has failed to point out as to why the same was not done. At his juncture, we may clarify that before Hon’ble Apex Court Annexure P-14 (which is annexure No. 1 to the instant writ petition), the order passed by respondent No. 2 dated 23.10.2004 was challenged. In the given circumstances, we find that neither review was filed nor any curative petition was filed nor it is stated before this Court that any such petition is pending before the Hon’ble Apex Court. Accordingly, finality is to be attached to the order passed by the Hon’ble Apex Court on 11.4.2005. Even at this stage, the petitioner has not pressed before this Court that he is inclined to file such petition before the Hon’ble Apex Court. Consequently, we have to proceed with the matter with the assumption that the order passed by Hon’ble Apex Court has become final as the same has not so far been challenged before the Hon’ble Supreme Court.… Read More DR. SUBRAMANIAN SWAMY Vs. THE ELECTION COMMISSION OF INDIA AND OTHERS [ALL HC 2007 ALLAHABAD]

Bharat Ratna and Subhas Ch Bose Controversy

In deference to the sentiments expressed by the public and by the members of the family of Netaji Subhas Chandra Bose, the Government of India did not proceed further to confer the award and hence the name was not published in the Gazette of India, nor was it entered in the register of recipients, nor was any decoration conferred by the President by a Sanad under his hand and seal. That is why the affidavit filed on behalf of the Union of India states that the matter , was closed in the sense that no further steps were taken for conferment of Bharat Ratna on Netaji Subhas Chandra Bose. Since the award has not in fact been conferred, the question of cancellation or annulment of the award under Clause 10 does not arise.
Read More Bharat Ratna and Subhas Ch Bose Controversy

What is Zero FIR

It means that a FIR can be filed in any police station (i.e.irrespective of place of incident/jurisdiction) and the same can be later transferred to the appropriate Police Station. As per rules, a zero FIR is filed in a police station which is not in charge of the area where the crime took place and can be transferred… Read More What is Zero FIR

Navtej Singh Johar & Ors. Vs. Union of India through Secretary, Ministry of Law and Justice [ALL SC 2018 September]

September 6, 2018:-SECTION 377of IPC-Homosexuality-It is declared that insofar as Section 377 criminalises consensual sexual acts of adults (i.e. persons above the age of 18 years who are competent to consent) in private, is violative of Articles 14, 15, 19, and 21 of the Constitution. It is, however, clarified that such consent must be free consent,… Read More Navtej Singh Johar & Ors. Vs. Union of India through Secretary, Ministry of Law and Justice [ALL SC 2018 September]

Smt. Kavita Vs. State of Uttar Pradesh through Secretary & Ors.[ALL SC 2018 SEPTEMBER]

September 05, 2018: The U.P. Kshettra Panchayats and Zila Panchayats Adhiniyam, 1961-Validity of the notice-Whether in a given case, the Collector has transgressed the limits of his own jurisdiction is a matter which can be addressed in a challenge under Article 226 of the Constitution. We clarify that we have not provided an exhaustive enumeration or list of circumstances in which the Collector can determine the validity of the notice furnished under sub-section (2) in each case and it is for the Collector in the first instance and for the Court in the exercise of its power of judicial review, if it is moved, to determine as to whether the limits on the power of the Collector have been duly observed-APPEAL DISMISSED.… Read More Smt. Kavita Vs. State of Uttar Pradesh through Secretary & Ors.[ALL SC 2018 SEPTEMBER]

Suresh Kumar Koushal & Anr vs Naz Foundation & Ors [ALL SC 2013 DECEMBER]

SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO.10972 OF 2013 (Arising out of SLP (C) No.15436 of 2009) Suresh Kumar Koushal & Anr vs Naz Foundation & Ors Decided on: 11 December 2013 Bench: G.S. Singhvi, Sudhansu Jyoti Mukhopadhaya JUDGMENT G.S. SINGHVI, J. 1. Leave granted. 2. These appeals are directed against order… Read More Suresh Kumar Koushal & Anr vs Naz Foundation & Ors [ALL SC 2013 DECEMBER]

Policy to reopen evidence once closed by the order of Court in a Civil suit.

we are satisfied that in the interests of justice and to prevent abuse of the process of court, the trial court ought to have considered whether it was necessary to re-open the evidence and if so, in what manner and to what extent further evidence should be permitted in exercise of its power under Section 151 of the Code.… Read More Policy to reopen evidence once closed by the order of Court in a Civil suit.

CAG of India codifies the standards and practices to be followed by auditors

Guidance Note on “Types of Audit” Communications Guidance Note on “Types of Audit” Reference No. III/J/19-328-PPG/23-2013 dated 17th October, 2013 Audit methodology is how the office of the CAG of India codifies the standards and practices to be followed by auditors in carrying out their work. It gives rigour and discipline to our work and… Read More CAG of India codifies the standards and practices to be followed by auditors

Whether by virtue of Article 105 of the Constitution a Member of Parliament can claim immunity from prosecution

When cognizance of the charges against them was taken. Buta Singh and N. M. Ravanna (accused Nos. 7 and 9) were not public servants. The question of santion for their prosecution, does not, therefore, arise and the trial on all charges against them must proceed.… Read More Whether by virtue of Article 105 of the Constitution a Member of Parliament can claim immunity from prosecution