Share Tweet Plus One Pin It Email Print By: LiveLaw News Network May 19, 2018 3:34 pm Change Font Size A happening final week in the Supreme Court witnessed two rare events- a midnight to day break hearing and a sitting on a Saturday (today), both relating to urgently ordered proceedings to hear pleas related to the ongoing Karnataka government formation drama. It also saw a rather quiet exit of Justice Chelameswar who otherwise made a lot of noise in past four months and raised a lot of hue and cry within the judiciary and legal fraternity with the unprecedented press conference against CJI followed by explosive letters raising several crucial issues effecting the higher judiciary The Supreme Court closed for a 44-day summer break ( May 19 to July2 ) after a tumultuous final week which witnessed two rare events- a midnight to day break hearing and a sitting on a Saturday, both relating to urgent proceedings to hear pleas related to … [Read more...] about Supreme Court Closes For 44-Day Summer Break After A Tumultuous Week; Reopens On July 2. Vacation Benches Assigned
Justice a k goel
Share Tweet Plus One Pin It Email Print By: Apoorva Mandani May 7, 2018 8:22 pm Change Font Size The Petition challenging rejection of impeachment motion against Chief Justice of India Dipak Misra by Vice President of India Mr. Venkaiah Naidu has been listed on Tuesday before a Bench comprising Justices A.K. Sikri, S.A. Bobde, N.V. Ramana, Arun Mishra and A.K. Goel. The Petition, filed by Mr. Partap Singh Bajwa and Mr. Harshadray Yajnik, was mentioned before a Bench headed by Justice J. Chelameswar today. Also comprising Justice S.K. Kaul, the Bench had, after some deliberation with the Counsel, directed them to appear before it at 10:30 am on Tuesday. However, this 5 Judge Bench with Judges from number 6 to 10 in seniority has now been constituted to hear the matter tomorrow. It is unclear as to who created the Bench. The Petition filed before the Court asserts that the rejection of the motion is “ex facie illegal, arbitrary and violative of Article 14”, … [Read more...] about Breaking: Petition Challenging Rejection Of Impeachment Motion Against CJI Listed Tomorrow Before Justices A.K. Sikri, S.A. Bobde, N.V. Ramana, Arun Mishra & A.K. Goel
Share Tweet Plus One Pin It Email Print By: M.K.Sanu April 3, 2018 11:58 am Change Font Size The insensitivity of the Court towards social justice cause and judicial dilution of a stringent protective social justice legislation by resorting to judicial excess in total disregard of legislative intent was seen reflected once again in Subhash Kashinath Mahajan v. the State of Maharashtra and Anr [hereinafter, Subhash Kashinath]. In this case, a Division Bench Supreme Court comprising of A.K. Goel, J. and U.U. Lalit,J. had virtually removed the teeth of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 [hereinafter, Atrocities Act]. Probably the social philosophy of the judges does play a role in redefining the contours of social justice. Interestingly it was the same Bench that diluted Section 498A of the Indian Penal Code in Rajesh Sharma Vs State of UP. If the … [Read more...] about The Reading Down of SC/ST Act: A case of Judicial Insensitivity to Social Justice, Unwanted Judicial Legislation & A Clear Message To Whom It Matters
The Centre has reportedly blocked the recommendations of the Supreme Court Collegium to appoint Uttarakhand high court chief justice K.M.Joseph as a Judge of the Supreme Court and Justice Surya Kant of Punjab and Haryana high court as Chief Justice of the Himachal Pradesh high court. Although there is no official confirmation of that report and the Centre has not returned the recommendation to the Collegium yet for its reconsideration, reports appearing in the media suggest that the Centre has certain reservations about these recommendations. LiveLaw answers the questions that readers may have on this controversy, as it has unfolded so far. Q: The present recommendations to elevate Justice K.M.Joseph and Justice Surya Kant were sent on January 10. Yet, the Centre is neither returning them for reconsideration by the Collegium, nor going ahead with these appointments. Does the Centre have the option to sit over the … [Read more...] about Judicial Appointments: Are Centre’s Claims On Lack Of Seniority Of Justice KM Joseph And Justice Surya Kant Valid?
It is learnt that the four senior-most judges of the Supreme Court—Justice Chelameswar, Justice Ranjan Gogoi, Justice Madan.B.Lokur, and Justice Kurian Joseph—are seriously aggrieved by the Central Government’s inaction about the Collegium recommendations. Sources revealed to Live Law that these judges, being a part of the Collegium, had taken up the issue with the Chief Justice of India, Dipak Misra J., who has failed to be firm with the Central Government. At least, the four judges seem to believe so.The way the Government has been sleeping over the collegium recommendations and also dilly-dallying with the Memorandum of Procedure (MoP) to appoint judges has been a cause of concern for the judges. It is reliably understood that the judge-quartet repeatedly raised the issue with the CJI, but to no avail. In fact, the differences between the CJI and the remaining four judges in the collegium believed to have acted as an additional impetus for the four to … [Read more...] about Collegium Recommendations Of Justice KM Joseph And Indu Malhotra: A Litmus Test On Independence Of Judiciary