Share Tweet Plus One Pin It Email Print By: Manu Sebastian July 4, 2018 1:06 pm Change Font Size “If a well deliberated legitimate decision of the Council of Ministers is not given effect to due to an attitude to differ on the part of the Lieutenant Governor, then the concept of collective responsibility would stand negated”- CJI In a significant judgment, the Constitution Bench of the Supreme Court held that the Lieutenant-General of the Delhi had to act as per the aid and advise of the Council of Ministers of Delhi Government except in matters of land, police and public order. It held that the LG cannot interfere in each and every decision of the Delhi Government. Although decisions of the Government have to be communicated to the LG, there is no need to obtain the concurrence of LG in all matters. The Court also held that Delhi was not a ‘State’, and occupied a special status under the Constitution. There were three separate and concurring … [Read more...] about Govt.Of Delhi Vs Lt.Governor : Summary of Supreme Court Judgment
Creative minds vs logical minds
In the decision referred to above, a two judge Bench of the Supreme Court held as follows:-Para 33:- “For the time being, we are concerned with four categories of witnesses – a third party disinterested and unrelated witness (such as a by-stander or passerby); a third party interested witness (such as a trap witness); a related and therefore an interested witness (such as the wife of the victim) having an interest in seeing that the accused is punished; a related and therefore an interested witness (such as the wife or brother of the victim) having an interest in seeing the accused punished and also having some enmity with the accused”. (Emphasis supplied)Nevertheless, the Bench observed further as follows:-“But more than the categorization of a witness, the issue really is one of appreciation of the evidence of a witness. A court should examine the evidence of a related and interested witness having an interest in seeing the accused punished and also … [Read more...] about Who is an Interested Witness? IS Raju alias Balachandran and others vs. State of Tamil Nadu (AIR 2013 SC 983) Correctly decided ?
Share Tweet Plus One Pin It Email Print By: Manu Sebastian July 27, 2018 10:57 am Change Font Size The Bar Association of India, on Thursday, hosted the annual M. C. Setalvad Memorial Lecture at the Hotel Hyatt Regency in New Delhi, with Chief Justice Dipak Misra, enlightening the audience on the “Dynamic Ascendance of Constitutional Rights- A Progressive Approach”. Describing Setalvad as a “legend”, Chief Justice Misra remarked how we were “humbled”, not “privileged”, to have been invited to deliver the lecture in his memory. He recalled how Setalvad, the then Attorney General of India, had declined to take Justice H. J. Kania’s place as the CJI, in honour of his friendship with the judge. “William Shakespeare, in one of his plays, wrote, ‘Kill all the lawyers!.I am of the strongest opinion that had Shakespeare written the play in the 20th century, he would have said ‘long live the … [Read more...] about “When Creativity Dies, Values of Civilization Corrode”, says CJI Dipak Misra at M.C Setalvad Memorial Lecture
Real Lawyers Have Blogs’ Kevin O’Keefe noted a post at Business 2 Community titled “10 ways businesses can blog better.” Tip No. 7 was that business blogs should append a “call to action” at the end of every blog post—a “call to action” being a sentence or two describing your business, credentials and contact information interspersed with some “call now!” type language. O’Keefe thinks putting this information in each post is the wrong way to go.“Look at pieces in business journals, reviews, and publications,” O’Keefe wrote. “Look at insight from doctors, engineers, professors, and commentators in these publications. You don’t see a ‘call me for this or that’ at the bottom. It’s just not done. Why accept that you and your blog posts are any less authoritative than pieces published by these folks? Why feel so vulnerable that you’ll offer your expertise but only if … [Read more...] about Should you self-promote in your blog posts? | Finding a lawyer via Google vs. social media
On 4 October 2011, the European Court of Justice ("ECJ") published its decision in relation to the long-running saga concerning the territorial licensing of Premier League football rights and the legitimacy of the use of foreign decoders. The origins of this landmark case lie in the prosecution of a pub landlady, Karen Murphy, for transmission of Greek broadcasts of Premier League games. The Premier League, via its enforcement body Media Protection Services Ltd ("MPS"), sought to prosecute Ms Murphy under the Copyright, Designs and Patents Act 1998 (“CDPA”). At the same time, the Premier League pursued a number of other similar cases against other landlords, and importers and retailers of foreign decoders. These cases resulted in a series of appeals, raising a variety of issues, that, ultimately, the High Court considered should be referred to the ECJ. Most significantly, the practice of granting exclusive broadcast rights on a territorial basis was challenged under Article … [Read more...] about Premier League vs Mrs Murphy: A score draw?