The Madras High Court recently while hearing a batch of applications filed by various maritime claimants has passed a landmark judgement on a significant question of law. The query which arose for consideration was whether the leave of the Company Court under Section 446(2) of the Company’s Act, 1956 was mandatory prior to hearing the various applications of the claimants while exercising its special Admiralty Jurisdiction conferred by virtue of it being a Chartered Court.To briefly state the facts, the vessel M.T.Pratibha Cauvery was caught in the eye of a cyclonic storm named ‘Nilam’ around 27th of October 2012, wherein several crew members were stuck in the ship with no means to water or food. As the intensity of the storm grew stronger, some of the crew members decided to jump into the sea by using the life boats available to them on the vessel for their survival. However, as the said life boats were not having sufficient fuel, the crew members were stranded in … [Read more...] about Admiralty Jurisdiction Vis A Vis Company Court- Which Will Prevail?
Landmark judgements of supreme court of india 2014
The privacy of public servant is becoming a highly contentious issue since the advent of Right to Information Act, 2005 enabling citizen to seek information about public authorities and their officers. An employee of the state is legally defined as public servant and every citizen will be a virtual employer in electoral democracy. Can privacy hamper the regime of transparency and scrutiny of public conduct of the public servant? If government employees privacy is limited, to what extent? The conflict between right to privacy and need for transparency is the centre of controversy in many cases before the information Commissions and Constitutional courts, more so in Girish Ramachandra Deshpandy case, which travelled from second appeal in CIC to SLP before Supreme Court has set a controversial standard for ‘personal’ information causing serious damage to right to information. The apex court’s order of dismissing SLP in Girish Ramachandra Deshpande is … [Read more...] about Scope Of Privacy Of ‘Public’ Servant: An Analysis Of Girish R Deshpande Vis-A-Vis Other Binding Precedents
PROLOGUEElections are believed to be manifestations of public conscience and a forerunner to the much hyped method of governance- Democracy.But then those obvious questions pop in: When do these elections get insulated with public manifestations and establish the actual will of the people? Is it when the public do so lately misguided in the selection of their representative by covering-up the quality of the candidate who contest in elections and allowing him to rule the country eventually?Or is it when the actual and accurate information are set out to the public,to make the choice deliberate? If this is a mere academic dialog, all of us would prefer, the second context as our opinion, by virtue of the veil of ignorance. But this is not the answer or reflection we are receiving from the biggest democratic process in our country.It goes without saying that India has always been on locus for being a country with cultural, religious and linguistic diversities, in enforcing corruption free … [Read more...] about Tales On Disqualification Of Elected Representatives For Government Contracts And The Corporate Camouflage
India, on Thursday, reiterated at the United Nations Human Rights Council, that it is a secular state with no state religion, and that safeguarding the rights of minorities forms an essential core of its polity, as it came under criticism from Pakistan over treatment of minorities.Speaking at the 27th session of the Universal Periodic Review Working Group in Geneva, Attorney General Mukul Rohatgi emphasized on the spirit of “Vasudhaiva Kutumbakam”, as imbibed in “India’s ancient wisdom”, and flaunted the country’s openness and diversity, which he claimed is reflected in India’s polity as well.Mr. Rohatgi repeatedly mentioned the pivotal role played by the judiciary in upholding human rights in the country. On one occasion, without naming Yakub Memon, he mentioned how he was summoned at 2 in the morning by the Supreme Court to hear his appeal.“The Right to fair trial and free legal aid up to the highest court are enshrined … [Read more...] about India Is A Secular State With No State Religion, Citizens’ Freedoms Are Well-Protected: AG Mukul Rohatgi Tells UNHRC [Read Full Text]
“Election is a secular exercise and therefore a process should be followed….the relationship between man and god is an individual choice and state should keep this in mind”,said the majority. Delivering a landmark ruling, the Supreme Court today held that seeking votes in the name of religion, caste or community amounted to corrupt practice and election of a candidate who indulged in it can be set aside.A seven judge constitution bench of the court headed by Chief Justice T S Thakur who retires tomorrow passed the ruling by a 4:3 majority. The bench was interpreting section 123(3) of the Representation of Peoples Act. Justices D Y Chandrachud, A K Goel and U U Lalit dissented from the majority view.“Election is a secular exercise and therefore a process should be followed….the relationship between man and god is an individual choice and state should keep this in mind”, held the majority view.On their part the dissenting judges … [Read more...] about Seeking Votes In The Name Of Religion Corrupt Practice: SC Constitution Bench [Read Judgment]