Supreme Court – Advocatetanmoy Law Library

Judgments passed by Indian Supreme Court in the month of January – 2021

Posted by Advocatetanmoyon January 31, 2021in Supreme Court

For the month of January 2021 1Case NumberW.P.(C) No.-000026 / 202019-01-2021 Petitioner NameMANISH KUMARRespondent NameUNION OF INDIAPetitioner's AdvocateVAIBHAV MANU SRIVASTAVABenchHON'BLE MR. JUSTICE ROHINTON FALI NARIMAN, HON'BLE MR. JUSTICE K.M. JOSEPH, HON'BLE MR. JUSTICE AJAY RASTOGIJudgment ByHON'BLE MR. JUSTICE K.M. JOSEPH2Case NumberR.P.(C)…

Whether an AOR can style his name as a AOR proprietary firm for carrying on profession- SC said yes

Posted by Advocatetanmoyon January 29, 2021January 29, 2021in Supreme Court

whether an Advocate on Record can have entry in Advocate On Record register in the form of his style of carrying on profession i.e. instead of “Siddharth Murarka” as “Law Chambers of Siddharth Murarka”?.

Judgments passed by Indian Supreme Court in the year of 2020

Posted by Advocatetanmoyon January 7, 2021January 31, 2021in INDEX, Supreme Court

S.No. 1Diary Number12 / 2019Case NumberCrl.A. No.-000353-000353 / 202002-03-2020 (English)Petitioner NameSATISHKUMAR NYALCHAND SHAHRespondent NameTHE STATE OF GUJARATPetitioner's AdvocateSUMITA RAYRespondent's AdvocateBenchHON'BLE MR. JUSTICE ASHOK BHUSHAN, HON'BLE MR. JUSTICE M.R. SHAHJudgment ByHON'BLE MR. JUSTICE M.R. SHAHS.No. 2Diary Number14 / 2018Case NumberC.A. No.-002528-002529 /…

Macaulay suggested enhancing the power of Supreme Court in India

Posted by Advocatetanmoyon July 21, 2020July 21, 2020in Legal History, Supreme Court

Supreme Court has never been so mischievous as during the first ten years of its power, or so respectable as it has lately been. Everybody who knows anything of its early history knows, that, during a considerable time, it was the terror of Bengal, the scourge of the native population, the screen of European delinquents, a convenient tool of the Government for all purposes of evil, an insurmountable obstacle to the Government in all undertakings for the public good

Whether an applicant is competent to move HC with a review petition in case of SLP rejected by a Non-speaking Order

Posted by Advocatetanmoyon June 19, 2020June 19, 2020in Supreme Court

A petition for leave to appeal to this Court may be dismissed by a non-speaking order or by a speaking order. Whatever be the phraseology employed in the order of dismissal, if it is non-speaking order, i.e. it does not assign reasons for dismissing the special leave petition, it would neither attract the doctrine of merger so as to stand substituted in place of the order put in issue before it nor would it be a declaration of law by the Supreme Court under Article 141 of the Constitution for there is no law which has been declared.

Without exploring alternative SC canceled Jagannath Rath Jatra 2020: Black day in Hindu History

Posted by Advocatetanmoyon June 18, 2020June 22, 2020in Supreme Court

The Virtual(Computer programmed) Court headed by CJI, SA Bobde along with Justice Dinesh Maheswari and Justice A.S Bopanna while listening to a PIL filed by a Hindu hater NGO, Odisha Vikash Parishad passed a blanket injunction on Puri annual Rath Jatra taking a plea of COVID pandemic. The matter shall be listed after 4 weeks from today.

TRIAL OF THE REV. JAMES LONG, OF THE CHURCH MISSONARY SOCIETY FOR LIBEL-1861

Posted by Advocatetanmoyon April 20, 2020April 20, 2020in Supreme Court

My duty is a distressing one, but I must not shrink from the performance of it. The sentence of the Court is that you pay a fine of Rs. 1000 to our Sovereign Lady the Queen, and that you be imprisoned in the Common Jail for the period of one calendar month, and that you be further imprisoned until the fine is paid.

SC GUIDELINES FOR COURT FUNCTIONING THROUGH VIDEO CONFERENCING DURING COVID-19

Posted by Advocatetanmoyon April 6, 2020April 7, 2020in INFORMATION SCIENCE, Supreme Court

2020.04.06-SUO MOTU WRIT (CIVIL) NO.5/2020- Supreme Court held that the term ‘evidence’ includes electronic evidence and that video conferencing may be used to record evidence. It observed that developments in technology have opened up the possibility of virtual courts which are similar to physical courts. Taking cognizance of the measures adopted by this court and by the High Courts and District Courts, it is necessary for this court to issue directions by taking recourse to the jurisdiction conferred by Article 142 of the Constitution.

Knowing Ranjan Gogoi- the son of Ex Congress Chief minister of Assam

Posted by Advocatetanmoyon March 20, 2020March 20, 2020in Supreme Court

CJI Gogoi has had a long and dynamic career since the time he was enrolled as a lawyer in the bar council in 1978. He was made the permanent judge of the Gauhati High Court on February 28, 2001.

THE SUPREME COURT RULES 1966

Posted by Advocatetanmoyon February 13, 2020February 13, 2020in Supreme Court

In exercise of the powers conferred by Article 145 of the Constitution, and all other powers enabling it in this behalf, the Supreme Court hereby makes, with the approval of the President, the following rules

The Supreme Court in Calcutta

Posted by Advocatetanmoyon February 9, 2020August 9, 2020in Supreme Court

Party disputes on the Supreme Council were not the only destabilizing legacy of Lord North's Regulating Act of 1773. The act also created a new royal court of justice in Calcutta, ‘the Supreme Court of Judicature at Fort William in Bengal’, and the early history of the court was marked by bitter struggles between the judges and the Company government. Disputes over the jurisdiction of the court generated major debates about the scope of English law in India, the constitutional definition of the Company government, and the nature of Indian legal tradition and practice. In the process, the Company's claims to govern according to the ancient constitution of the country were subjected to new levels of scrutiny-Sovereignty, custom and natural law: the Calcutta Supreme Court, 1774–1781 [Robert Travers, Cornell University, New York]

CURRENT SUPREME COURT JUDGMENTS

Somesh Chaurasia Vs. State of Madhya Pradesh & Anr-22/07/21 - There are distinct doctrinal concepts in criminal law namely (i) the grant of bail before trial or, what is described as the 'pre-conviction' stage; (ii) setting aside an order granting bail when the principles which must weigh in the decision on whether bail should be granted have been overlooked or wrongly applied; (iii) the post- conviction suspension of sentence under the provisions of Section 389(1); and (iv) the cancellation of bail on the ground of supervening events, such as the conduct of the accused during the period of bail, vitiating the continuance of bail.
Union of India Vs. Rajendra N. Shah & Anr-20/07/21 - These appeals raise an important question as to the vires of the Constitution (Ninety Seventh Amendment) Act, 2011 [the "Constitution 97th Amendment Act"] which inter alia introduced Part IXB under the chapter heading 'The Co-operative Societies'. The Constitution 97th Amendment Act was passed by the requisite majority of the Lok Sabha on 27.12.2011 and the Rajya Sabha on 28.12.2011.
K.P. Natarajan & Anr. Vs. Muthalammal & Ors-16/07/2021 - There is no dispute on facts and there is no escape from the conclusion that the respondents have been grossly negligent in defending the suit as well as the execution proceedings. But the fact remains that while the parties can afford to remain negligent, the Court cannot. The High Court has found, after summoning the records from the trial Court that as a matter of fact, the trial Court failed to appoint a guardian for the third respondent/minor in a manner prescribed by law.
Sachin Kashyap & Ors. Vs. Sushil Chandra Srivastava & Ors-15/07/2021 - Writ Petition having been filed for a particular cause and with a particular prayer cannot be expanded to cover within its ambit all the issues which may be of general or public importance without there being any pleadings or prayer with regard to a particular issue.

EXECUTIVE ORDERS

Executive Order on Promoting Competition in the American Economy-09/07/2021 - The American information technology sector has long been an engine of innovation and growth, but today a small number of dominant Internet platforms use their power to exclude market entrants, to extract monopoly profits, and to gather intimate personal information that they can exploit for their own advantage.
Blocking Property and Suspending Entry Into USA of Certain Persons Contributing to Destabilizing Situation in Western Balkans-EO-08/06/21 - All property and interests in property that are in the United States, that hereafter come within the United States, or that are or hereafter come within the possession or control of any United States person of the following persons are blocked and may not be transferred, paid, exported, withdrawn, or otherwise dealt in: any person determined by the Secretary of the Treasury, in consultation with the Secretary of State
Threat posed by military Industry of China- Biden Issued Executive Order-03/06/2021 - I find that the use of Chinese surveillance technology outside the PRC and the development or use of Chinese surveillance technology to facilitate repression or serious human rights abuse constitute unusual and extraordinary threats, which have their source in whole or substantial part outside the United States, to the national security, foreign policy, and economy of the United States, and I hereby expand the scope of the national emergency declared in Executive Order 13959 to address those threats.
Improving the Nation’s Cybersecurity-EO 12/05/2021 - The United States faces persistent and increasingly sophisticated malicious cyber campaigns that threaten the public sector, the private sector, and ultimately the American people’s security and privacy. The Federal Government must improve its efforts to identify, deter, protect against, detect, and respond to these actions and actors. The Federal Government must also carefully examine what occurred during any major cyber incident and apply lessons learned. But cybersecurity requires more than government action.