Chief Justice of Andhra Pradesh High Court appointed [ clause(1)Art 217. of the Constitution of India] -
The President is pleased to appoint Shri Justice Nisar Ahmad Kakru, Judge of the Jammu & Kashmir High Court, to be the Chief Justice of the Andhra Pradesh High Court with effect from the date he assumes charge of his office.
Appointment of judges of Karnataka High Court [ clause(1)Art 217. of the Constitution of India] -
1) Shri Justice Ravi Vijaykumar Malimath
2) Smt Justice Venkataramiah Nagarathna
Appointment of Additional Judges of Patna High Court [ clause(1)Art 224. of the Constitution of India] -
1) Shri Birendra Prasad Verma
2) Shri Dinesh Kumar Singh
Appointment of Additional Judges of Madras High Court [ clause(1)Art 224. of the Constitution of India] -
1) Shri T.Mathivanan
2) Shri Ardhanariswamy Arumughaswamy
3) Miss K.B.K.Vasuki
Transfer of Punjab and Haryana High Court Judge [ clause(1)Art 222. of the Constitution of India] -
1) Smt. Justice Nirmal Yadav now Judge of the Uttarakhand High Court
Tuesday, February 16, 2010
SC to consider MoD plea to construct roads along China border
The Supreme Court will consider on February 19 the application of Ministery of Defence (MoD) blaming red tapism and Supreme Court-appointed Centrally empowered committee (CEC) for delay in construction of roads within the radius of 50 kms along the China border.
Ministry of Defence (MoD) in its application which is pending since March 2009 has said China is in a state of full preparedness while on Indian side 33 road projects which are vital for national security have got stuck due to lack of coordination among government agencies as well as CEC.
MoD has appealed to the apex court to grant exemption for these road projects along the Line of Actual Control (LAC) along the China border.
A special bench of the Supreme Court comprising Chief Justice K G Balakrishnan and Justices S H Kapadia and Aftab Alam has been monitoring all construction in reserved forest areas and national parks.
The MoD in its application has said legal system of the country would have never thought of interfering with the matters of national security.
CEC has, however, blamed MoD and Union Ministry of Home Affairs for delaying the clearance of such important projects and CEC has always accorded top priority to these projects and sometimes clarification have been taken on telephone to clear these projects expediteously and 17 out of 33 road projects along the China border have already been cleared.
Ministry of Defence (MoD) in its application which is pending since March 2009 has said China is in a state of full preparedness while on Indian side 33 road projects which are vital for national security have got stuck due to lack of coordination among government agencies as well as CEC.
MoD has appealed to the apex court to grant exemption for these road projects along the Line of Actual Control (LAC) along the China border.
A special bench of the Supreme Court comprising Chief Justice K G Balakrishnan and Justices S H Kapadia and Aftab Alam has been monitoring all construction in reserved forest areas and national parks.
The MoD in its application has said legal system of the country would have never thought of interfering with the matters of national security.
CEC has, however, blamed MoD and Union Ministry of Home Affairs for delaying the clearance of such important projects and CEC has always accorded top priority to these projects and sometimes clarification have been taken on telephone to clear these projects expediteously and 17 out of 33 road projects along the China border have already been cleared.
SC directs states to prevent encroachment in the name of religion
The Supreme Court today directed the states to prepare a comprehensive policy within eight weeks to prevent the encroachment of public land in the name of religion through construction of religious structures.
A bench headed by Justice Dalveer Bhandari also directed the states to tell the Supreme Court, what can be done to the existing encroachement, whether these religious structures can be regularised or not.
All the state governments had filed status report in the apex court giving details of encroachment in the name of religion.
During the hearing of the appeal by the Union government against the order of Gujarat High Court, which had stayed the demolition of religious structures in Ahmedabad on public land, the apex court had directed the Centre and all the states not to permit the construction of religious structures by criminals and anti-social elements on government land.
A bench headed by Justice Dalveer Bhandari also directed the states to tell the Supreme Court, what can be done to the existing encroachement, whether these religious structures can be regularised or not.
All the state governments had filed status report in the apex court giving details of encroachment in the name of religion.
During the hearing of the appeal by the Union government against the order of Gujarat High Court, which had stayed the demolition of religious structures in Ahmedabad on public land, the apex court had directed the Centre and all the states not to permit the construction of religious structures by criminals and anti-social elements on government land.
Lok Adalat settles 223 cases in Srinagar
Srinagar, Feb 16 (UNI) As many as 223 cases of different nature were settled amicably among the parties by a Lok Adalat here while another such adalat is being held in Baramulla on February 25.
An official spokesman said today that a Lok Adalat was held in Sadder Court premises here under the supervision of Ms Ghous-un -Nisa Jeelani, Chairman District Legal Services authority and Principal District and Sessions Judge in which 514 cases were taken up.
He said as many as 223 cases were settled amicably on the spot and an amount of Rs 60,000 was awarded as compensation in motor accident claims and a fine of Rs. 50,000 was recovered in various petty criminal offences.
An official spokesman said today that a Lok Adalat was held in Sadder Court premises here under the supervision of Ms Ghous-un -Nisa Jeelani, Chairman District Legal Services authority and Principal District and Sessions Judge in which 514 cases were taken up.
He said as many as 223 cases were settled amicably on the spot and an amount of Rs 60,000 was awarded as compensation in motor accident claims and a fine of Rs. 50,000 was recovered in various petty criminal offences.
SC concerned over plight of naxal-affected tribals
The Supreme Court today expressed concern over the plight of over two lakh tribals uprooted from their homes due to naxalite violence in Chhattisgarh.
Solicitor General of India Gopal Subramaniam, responding to the query of the Supreme Court, told a bench headed by Justice B Sudershan Reddy that the government was making all-out effort to rehabilitate the tribals who had to flee from their homes due to the fear of naxals, particularly in Dantewada district.
Dantewada is a naxal-dominated district of Chhattisgarh and is the worst affected in the state.
The apex court adjourned the hearing of the case till next week.
Solicitor General of India Gopal Subramaniam, responding to the query of the Supreme Court, told a bench headed by Justice B Sudershan Reddy that the government was making all-out effort to rehabilitate the tribals who had to flee from their homes due to the fear of naxals, particularly in Dantewada district.
Dantewada is a naxal-dominated district of Chhattisgarh and is the worst affected in the state.
The apex court adjourned the hearing of the case till next week.
Monday, February 15, 2010
Tamil Nadu lawyers to abstain from courts on February 19
Lawyers in Tamil Nadu will boycott court proceedings on February 19 to protest "failure" of the state government in taking action against police officers held responsible for the violence in the Madras high court premises a year ago.
The CBI had last month filed a chargesheet against four police personnel and 32 advocates in a city court and recommended departmental action against 22 policemen in the case regarding the lawyers-police clash in the Madras high court complex on February 19 last year.
The CBI had last month filed a chargesheet against four police personnel and 32 advocates in a city court and recommended departmental action against 22 policemen in the case regarding the lawyers-police clash in the Madras high court complex on February 19 last year.
GUIDELINES ON NEW IPC SECTIONS Absconders, proclaimed offenders to be dealt with sternly by police
Those who fail to appear in the Court as required without a sufficient reason after being charged with an offence and released on bail or on bond without sureties will be punished with imprisonment of up to a year or fine or both.
Section 229A AND Section 174A has been added to the IPC. The former penalizes those who fail to appear in court as and when required without sufficient reason while the latter deals with an absconding person against whom a written proclamation is published by the Court under Section 82 of the Cr.P.C.
Section 229A AND Section 174A has been added to the IPC. The former penalizes those who fail to appear in court as and when required without sufficient reason while the latter deals with an absconding person against whom a written proclamation is published by the Court under Section 82 of the Cr.P.C.
Centre to bring bill on standard & accountability of judges: Law Minister
The Union Government will come out with a Bill to prevent tainted lawyers by becoming judges, Law and Justice M Veerappa Moily said.
He said a Bill on Standard and Accountability for judges, to replace the Judges Act of 1968, would be introduced in the Budget Session of Parliament.
Mr Moily was speaking after inaugurating a three-day Global Consultative Meeting on The Right of Health: A Fundamental Human Right for Health and Medical Care initiated by Rajiv Gandhi University of Health Sciences.
He said the Bill was prepared after extensive consultation and aimed at removing the perception that judiciary was corrupt.
A Bill on HIV, ensuring Human Rights for HIV positive people, their rehabilitation and preventing harassment would also be introduced in the budget session of Parliament. However, Mr Moily declined to divulge the highlights of the Bill.
The bill was long pending and after much effort it has come before a Committee which is expected to submit its report to the Cabinet within 10 days. Once the bill was cleared by the Cabinet it would introduced in the Parliament, he added.
He said a Bill on Standard and Accountability for judges, to replace the Judges Act of 1968, would be introduced in the Budget Session of Parliament.
Mr Moily was speaking after inaugurating a three-day Global Consultative Meeting on The Right of Health: A Fundamental Human Right for Health and Medical Care initiated by Rajiv Gandhi University of Health Sciences.
He said the Bill was prepared after extensive consultation and aimed at removing the perception that judiciary was corrupt.
A Bill on HIV, ensuring Human Rights for HIV positive people, their rehabilitation and preventing harassment would also be introduced in the budget session of Parliament. However, Mr Moily declined to divulge the highlights of the Bill.
The bill was long pending and after much effort it has come before a Committee which is expected to submit its report to the Cabinet within 10 days. Once the bill was cleared by the Cabinet it would introduced in the Parliament, he added.
Can retired SC Judges holding constitutional posts take up private work?
Delhi High Court is to decide whether retired Judges holding constitutional posts on various Commissions can take up private work like Arbitration, opine on matters etc.
In the PIL, Prashant Bhushan appearing for Common Cause, argued yesterday before the Division Bench comprising Chief Justice A.P. Shah and Justice R.S. Endlaw that,"Giving opinions in writing on a point in issue to be produced in a court of law is a violation of Article 124(7) of the Constitution which prohibits a retired judge of the Supreme Court from acting or pleading before any court or tribunal,”
In the PIL, Prashant Bhushan appearing for Common Cause, argued yesterday before the Division Bench comprising Chief Justice A.P. Shah and Justice R.S. Endlaw that,"Giving opinions in writing on a point in issue to be produced in a court of law is a violation of Article 124(7) of the Constitution which prohibits a retired judge of the Supreme Court from acting or pleading before any court or tribunal,”
Pakistan Judicial crisis looms with row over judges
A judicial crisis loomed in Pakistan today after the Supreme Court blocked an order from unpopular President Asif Ali Zardari appointing two judges.
The dispute between the Supreme Court and the president is likely to become a distraction for a government struggling to fight Islamist militants and to get a sluggish economy on track.
A confrontation between the Supreme Court and former president Pervez Musharraf blew up in 2007 and undermined the authority of Musharraf, who stepped down months after his allies were defeated in a February 2008 general election.
The latest confrontation has been brewing for some weeks over appointments to the Supreme Court and provincial high courts. Zardari yesterday issued an order appointing two judges, Khawaja Sharif and Saqib Nisar, as judges of the Supreme Court and Chief Justice of the High Court in the city of Lahore respectively. But hours later the Supreme Court blocked the appointments.
A Supreme Court panel said the president’s appointment order had been suspended because Zardari had apparently violated the constitution by not consulting Chief Justice Iftikhar Chaudhry.
The dispute between the Supreme Court and the president is likely to become a distraction for a government struggling to fight Islamist militants and to get a sluggish economy on track.
A confrontation between the Supreme Court and former president Pervez Musharraf blew up in 2007 and undermined the authority of Musharraf, who stepped down months after his allies were defeated in a February 2008 general election.
The latest confrontation has been brewing for some weeks over appointments to the Supreme Court and provincial high courts. Zardari yesterday issued an order appointing two judges, Khawaja Sharif and Saqib Nisar, as judges of the Supreme Court and Chief Justice of the High Court in the city of Lahore respectively. But hours later the Supreme Court blocked the appointments.
A Supreme Court panel said the president’s appointment order had been suspended because Zardari had apparently violated the constitution by not consulting Chief Justice Iftikhar Chaudhry.
Appointment system of judges should be changed: Justice Shah
The outgoing Chief Justice of Delhi High Court Justice A P Shah has said the 17-year-old system of appointment of judges through a collegium should be changed and not left to a single body, but to be transparent and broad based.
The selection of judges should be through a broad based body and not left to a collegium, Justice Shah said.
‘I feel if the change is brought about in the appointment of judges, lot of transparency will automatically come in the system,’ he added.
‘Unlike the UK, South Africa and the US, where appointment of judges is done in a far more open manner, our present collegium is a close door system and no reasons are assigned for the selection or refusal of appointment of a judge,’ Justice Shah said.
Speaking in a TV interview, Justice Shah said, ‘The Indian judiciary is very strong and vibrant. My perception of corruption in judiciary is different. I don’t think there is corruption at the higher level. The media is out playing the cases of corruption in the judiciary which are very remote.’ ‘I think the image of the judiciary should not be tarnished by creating a hype as it is the last hope for the underprivileged and deprived,’ Justice Shah stated.
Eventually the judiciary is the saviour of the public at large, he added.
The selection of judges should be through a broad based body and not left to a collegium, Justice Shah said.
‘I feel if the change is brought about in the appointment of judges, lot of transparency will automatically come in the system,’ he added.
‘Unlike the UK, South Africa and the US, where appointment of judges is done in a far more open manner, our present collegium is a close door system and no reasons are assigned for the selection or refusal of appointment of a judge,’ Justice Shah said.
Speaking in a TV interview, Justice Shah said, ‘The Indian judiciary is very strong and vibrant. My perception of corruption in judiciary is different. I don’t think there is corruption at the higher level. The media is out playing the cases of corruption in the judiciary which are very remote.’ ‘I think the image of the judiciary should not be tarnished by creating a hype as it is the last hope for the underprivileged and deprived,’ Justice Shah stated.
Eventually the judiciary is the saviour of the public at large, he added.
Retired Supreme Court Judge P V Reddy to be new Law Commission chairman
Retired Supreme Court Judge P V Reddy is going to be the new chairman of the Law Commission of India.
According to reliable sources, the Law Ministry has cleared his name to head the Law Commission, which is without chairman since July 2009, when the term of Justice A R Lakshmanan expired. Union Law Minister M Veerappa Moily had earlier tried to persuade Justice B N Srikrishna to take charge of the Law Commission. Justice Srikrishna, a retired Supreme Court Judge, however, declined the offer. Justice Srikrishna is presently heading the five-member Telangana Commission. Justice Reddy, who had delivered the verdict in Parliament Attack case, retired in 2005.
According to reliable sources, the Law Ministry has cleared his name to head the Law Commission, which is without chairman since July 2009, when the term of Justice A R Lakshmanan expired. Union Law Minister M Veerappa Moily had earlier tried to persuade Justice B N Srikrishna to take charge of the Law Commission. Justice Srikrishna, a retired Supreme Court Judge, however, declined the offer. Justice Srikrishna is presently heading the five-member Telangana Commission. Justice Reddy, who had delivered the verdict in Parliament Attack case, retired in 2005.
Socio-eco background mitigating factor in death sentence: SC
he Supreme Court has ruled that social and economic backwardness is one of the mitigating circumstances while commuting the death sentence of two convicts to life imprisonment.
The convicts Mulla and Guddu along with others had abducted five villagers and murdered them in cold blood on December 21, 1995 when they failed to meet their demands ransom of Rs 10,000 each. The victims were Hari Kumar Tripathi, Nanhakey, Ram Kishore, Chhotakkey and a woman Gangadai.
The convicts Mulla and Guddu along with others had abducted five villagers and murdered them in cold blood on December 21, 1995 when they failed to meet their demands ransom of Rs 10,000 each. The victims were Hari Kumar Tripathi, Nanhakey, Ram Kishore, Chhotakkey and a woman Gangadai.
Ajay Chautala granted bail in DA case
District and Sessions judge P S Teji today granted bail to Haryana MLA Ajay Chautala in a Disproportionate Asset (DA) case.
The court, however, issued bailable warrant against his brother Abhay Chautala after CBI submitted before the court that summons could not be served upon him.The case was registered by CBI in 2006 after raid was conducted on the properties of Mr Chautala across the country.The CBI in a chargesheet has stated that Ajay Chautala has property valued more than Rs 27 crore and Abhay of more than Rs 22 crore.The CBI could not get the mandatory sanctions to prosecute Omprakash Chautala, who was also named in the FIR.
The court has fixed February 22 as the next date of hearing.
The court, however, issued bailable warrant against his brother Abhay Chautala after CBI submitted before the court that summons could not be served upon him.The case was registered by CBI in 2006 after raid was conducted on the properties of Mr Chautala across the country.The CBI in a chargesheet has stated that Ajay Chautala has property valued more than Rs 27 crore and Abhay of more than Rs 22 crore.The CBI could not get the mandatory sanctions to prosecute Omprakash Chautala, who was also named in the FIR.
The court has fixed February 22 as the next date of hearing.
HC adjourns Rathore's bail plea hearing till April 5
While allowing the CBI prayer for more time
for investigation into the case of alleged molestation of teenaged
tennis player Ruchika and her subsequent suicide, the
Punjab and Haryana High Court today adjourned till April 5 the
further hearing on the bail plea of the accused former Haryana
police chief SPS Rathore in two cases registered against him in this
connection.
Justice Sabina, before whom the CBI was to submit the status
report on the investigation, also extended the interim bail
previously granted to Rathore to the same date.
for investigation into the case of alleged molestation of teenaged
tennis player Ruchika and her subsequent suicide, the
Punjab and Haryana High Court today adjourned till April 5 the
further hearing on the bail plea of the accused former Haryana
police chief SPS Rathore in two cases registered against him in this
connection.
Justice Sabina, before whom the CBI was to submit the status
report on the investigation, also extended the interim bail
previously granted to Rathore to the same date.
Court rejects bail of Sajjan Kumar and six others
A Delhi court today rejectd the bail application of former Congress MP Sajjan Kumar and six others against whom chargesheet had been filed in connection with the 1984 riot case.The CBI had on January 13 filed two chargesheets against Mr Kumar and six others for murder, rioting and criminal conspiracy that followed after the assasination of former PM Indra Gandhi.
The chargesheet had been filed for the rioting in Delhi Cantt and Sultanpuri area.
Additional Chief Metropolitan Magistrate Lokesh Kumar Sharma had taken cognisance of the chargesheet and directed Mr Kumar and others to appear before the court on February 18.Sajjan Kumar and others fearing that they might be arrested as the magistrate hearing the case does not have power to release them on bail, pleaded before the court that they had neither tried to influence any witness nor tempered the evidence.
District and Sessions judge(East) considering the allegation to be serious, rejected the anticipatory bail plea.
The chargesheet had been filed for the rioting in Delhi Cantt and Sultanpuri area.
Additional Chief Metropolitan Magistrate Lokesh Kumar Sharma had taken cognisance of the chargesheet and directed Mr Kumar and others to appear before the court on February 18.Sajjan Kumar and others fearing that they might be arrested as the magistrate hearing the case does not have power to release them on bail, pleaded before the court that they had neither tried to influence any witness nor tempered the evidence.
District and Sessions judge(East) considering the allegation to be serious, rejected the anticipatory bail plea.
Sunday, February 14, 2010
Deviation from normal practice no evidence of medical negligence: court
As long as doctors have performed their duties and exercised an ordinary degree of professional skill and competence they cannot be held guilty of negligence, the Supreme Court held.
Laying down a set of principles, a Bench said, “Mere deviation from normal professional practice is not necessarily evidence of negligence.”
The Bench, which consisted of Justices of Dalveer Bhandari and H.S. Bedi, said: “A doctor faced with an emergency ordinarily tries his best to redeem the patient out of his suffering. He does not gain anything by acting with negligence or by omitting to do an act. Obviously, therefore, it will be for the complainant to clearly make out a case of negligence before a medical practitioner is charged with or proceeded against criminally.”
Laying down a set of principles, a Bench said, “Mere deviation from normal professional practice is not necessarily evidence of negligence.”
The Bench, which consisted of Justices of Dalveer Bhandari and H.S. Bedi, said: “A doctor faced with an emergency ordinarily tries his best to redeem the patient out of his suffering. He does not gain anything by acting with negligence or by omitting to do an act. Obviously, therefore, it will be for the complainant to clearly make out a case of negligence before a medical practitioner is charged with or proceeded against criminally.”
India to play role of effective partner of Colombo plan: Finance Minister
Finance Minister Pranab Mukherjee said India would play the role of an effective partner of the Colombo Plan, a group of nations established for cooperative economic and social development in the Asia and the Pacific.
In his inaugural address at 42nd Consultative Committee Meeting (CCM), Mr Mukherjee said, ‘as a founder member, India has always been a strong supporter of the Colombo Plan initiative and an active participant’.
The current member countries are Afghanistan, Australia, Bangladesh, Bhutan, Brunei, Fiji, India, Indonesia, Iran, Japan, Korea, Laos, Malaysia, Maldives, Mongolia, Myanmar, Nepal, New Zealand, Pakistan, Papua New Guinea, Philippines, Singapore, Sri Lanka, Thailand, the US and Vietnam.
In his inaugural address at 42nd Consultative Committee Meeting (CCM), Mr Mukherjee said, ‘as a founder member, India has always been a strong supporter of the Colombo Plan initiative and an active participant’.
The current member countries are Afghanistan, Australia, Bangladesh, Bhutan, Brunei, Fiji, India, Indonesia, Iran, Japan, Korea, Laos, Malaysia, Maldives, Mongolia, Myanmar, Nepal, New Zealand, Pakistan, Papua New Guinea, Philippines, Singapore, Sri Lanka, Thailand, the US and Vietnam.
Madras HC orders on Nalini [the life convict in the Rajiv Gandhi Assassination Case] release likely on Feb 19
Madras High court is likely to pass orders on February 19 on the telegram sent by Nalini, the life convict in the Rajiv Gandhi Assassination Case, seeking to appear in person and argue her case for premature release.
A Division Bench comprising Justice E Dharmarao and Paul Vasanthakumar adjourned the case after Advocate General told the court the government was yet to receive the report of the Advisory Board constituted to hear Nalini’s plea for premature release.
Chief Minister M Karunanidhi had said a week ago that the report of the Advisory Board might be on the way, but the Advocate General told the court the government was yet to receive the report and pleaded the case be adjourned.
A Division Bench comprising Justice E Dharmarao and Paul Vasanthakumar adjourned the case after Advocate General told the court the government was yet to receive the report of the Advisory Board constituted to hear Nalini’s plea for premature release.
Chief Minister M Karunanidhi had said a week ago that the report of the Advisory Board might be on the way, but the Advocate General told the court the government was yet to receive the report and pleaded the case be adjourned.
Thursday, February 11, 2010
SC redefines desertion in matrimonial disputes
The Supreme Court (SC) has ruled that a spouse merely living separately does not amount to desertion. The aggrieved other spouse must prove that the estrangement wasn’t due to ill-treatment meted out by him or her.
Under the Hindu Marriage Act, ‘desertion’ is one of the grounds for seeking divorce. SC had, in certain judgments, held that desertion amounts to cruelty.
Ravi Kumar of Orissa was granted divorce by a family court. His wife Julmi Devi went to the high court (HC), which overturned the family court’s order. Kumar then moved SC, re-seeking divorce.
Dismissing Kumar’s appeal, SC said the trial court ought to have examined whether Devi deserted him because of cruelty. The couple’s daughter had told HC that her father used to beat up her mother. She didn’t know the reasons for her father’s behaviour.
Under the Hindu Marriage Act, ‘desertion’ is one of the grounds for seeking divorce. SC had, in certain judgments, held that desertion amounts to cruelty.
Ravi Kumar of Orissa was granted divorce by a family court. His wife Julmi Devi went to the high court (HC), which overturned the family court’s order. Kumar then moved SC, re-seeking divorce.
Dismissing Kumar’s appeal, SC said the trial court ought to have examined whether Devi deserted him because of cruelty. The couple’s daughter had told HC that her father used to beat up her mother. She didn’t know the reasons for her father’s behaviour.
Subscribe to:
Posts (Atom)