Lawgic Simplified

The Supreme Court on Monday refused to entertain a plea seeking the court's intervention to declare the crisis in Uttarakhand's subsidence-hit Joshimath a national disaster, saying since the state high court is seized of a "broad range of issues" it should hear it as a matter of principle. As the lawyer for the petitioner submitted that people in Joshimath are dying, the top court told him curtly, "You don't want to use these proceedings for sound bytes in social media." Also Read:  Bhopal Gas Leak Tragedy: Supreme Court Says Centre Cannot Reopen Settlement Arrived at Three Decades Ago A bench of Chief Justice DY Chandrachud and Justices PS Narasimha and JB Pardiwala asked petitioner Swami Avimukteshwaranand Saraswati to approach the Uttarakhand High Court with his petition. "As a matter of principle, we should allow the High Court to deal with this. High Court is seized of a broad range of issues, we'll give you liberty to approach the High C...

The Supreme Court on January 10, 2023 pulled up the Centre for pursuing its curative plea seeking an additional INR 7,844 crore from successor firms of Union Carbide Corporation (UCC) for giving compensation to the victims of the Bhopal gas tragedy, saying the court is bound by 'maryada' of jurisdiction and the government cannot reopen a settlement arrived at with the company after over 30 years. Observing that populism cannot be a basis for judicial review, the top court said it does not look good in a globalised world that even if you have settled something with the government of India it can be reopened at a later stage. Also Read:   Supreme Court Directs Union Government To File Response In Plea Challenging Places of Worship (Special Provisions) Act, 1991 Justice Sanjay Kishan Kaul, who headed the five-judge Constitution bench, said, "Courts are not averse to extending the envelope to exercise jurisdiction. But it all depends on the jurisdiction you are dealing with. ...

The Supreme Court Collegium headed by Chief Justice D Y Chandrachud on Tuesday recommended the elevation of seven judicial officers and two advocates as judges of different high courts. The Collegium in its meeting approved the proposal for the elevation of Judicial Officers -- Ramachandra Dattatray Huddar and Venkatesh Naik Thavaryanaik as judges in the Karnataka High Court. Also Read:   Supreme Court Directs Union Government To File Response In Plea Challenging Places of Worship (Special Provisions) Act, 1991 "The Supreme Court Collegium in its meeting held on January 10, 2023 has, on reconsideration, resolved to reiterate its earlier recommendation for the elevation of Shri Nagendra Ramachandra Naik, Advocate, as Judge in the Karnataka High Court," the resolution stated. In another decision, the Collegium approved the proposal for the elevation of advocate Neela Kedar Gokhale as a judge of the Bombay High Court. Also Read:  Supreme Court Declines To Stop Operations of Noi...

The Supreme Court on Monday asked the Union government to file its reply to a batch of PILs challenging the validity of certain provisions of a 1991 law which prohibits the filing of a lawsuit to reclaim a place of worship or seek a change in its character from what prevailed on August 15, 1947. A bench of Chief Justice DY Chandrachud and Justice PS Narasimha gave the Centre time till the end of February to submit its response to the petitions against some provisions of the Places of Worship (Special Provisions) Act, 1991. Also Read:   Attendance Of A Minimum Percentage Of Classes Prescribed In Professional Courses Such As LL.B. Is Non-Negotiable, Reiterates Delhi HC Senior advocate Kapil Sibal, appearing for some of the intervenors, raised the preliminary objection to the challenge of a statute through PILs, calling it a serious issue. "I have certain points to make. First, this challenge has been made through PILs...I can understand if there is a dispute concerning a structure. ...

Noting that the entire metro rail project is complete and running, the Supreme Court has refused to stop the Noida metro's operations for the want of environmental clearance. The court was hearing an appeal filed against a May 31, 2016 order of the National Green Tribunal (NGT), directing that all metro rail projects need an environmental clearance after conducting a proper environmental impact assessment. Also Read:   Attendance Of A Minimum Percentage Of Classes Prescribed In Professional Courses Such As LL.B. Is Non-Negotiable, Reiterates Delhi HC Keeping the question of law open, a bench of Justice M R Shah and Justice C T Ravikumar said the metro services in Delhi and Noida are being used by the public at large. "In that view of the matter, when the entire metro rail project is complete and the metro rail is running, the clock cannot be put back and the same shall not be even in the larger public interest. Under the circumstances, we propose to dispose of the ...

The Supreme Court on Friday stopped the execution of the Meghalaya High Court order staying the memorandum of understanding (MoU) signed by the chief ministers of Assam and Meghalaya for settling the festering boundary dispute between the two states, terming it "unwarranted". A bench of Chief Justice D Y Chandrachud and Justices P S Narasimha and J B Pardiwala took note of the submissions of Solicitor General Tushar Mehta and the lawyers representing Assam and Meghalaya, and directed the Meghalaya High Court order to be stayed. Also Read:   Attendance Of A Minimum Percentage Of Classes Prescribed In Professional Courses Such As LL.B. Is Non-Negotiable, Reiterates Delhi HC "Prima facie, it appears that the single judge (bench of Meghalaya HC) has not furnished any reasons. Whether the MoU requires further consideration by Parliament is a distinct issue. However, the interim stay was not warranted. Notice shall be issued to respondents...Meanwhile, there shall be a stay on...

The Hon'ble Delhi High Court on Friday asked the city government to file a status report on the issue of formulation of a standard operating procedure (SOP) for DNA testing to carry out the identification of bodies. Hon'ble Justice Prathiba M Singh, while dealing with a plea filed in the aftermath of the riots of February 2020 in Delhi, noted that the Hon'ble High Court has earlier said that such procedures ought to be prepared but the issue was stated to have remained unresolved. Also Read: Attendance Of A Minimum Percentage Of Classes Prescribed In Professional Courses Such As LL.B. Is Non-Negotiable, Reiterates Delhi HC The court's order was passed while dealing with a petition filed in March 2020 by a man who sought directions from the authorities to expeditiously conclude the process of DNA matching to find out if one of the recovered bodies was that of his brother who went missing amidst the violence in North-East Delhi. "Examine it and come back," the...

The Delhi High Court on Monday refused to permit a law student to appear for his semester examinations after he was detained by Delhi University for low attendance, and observed that classrooms are where students get trained for profession. Justice Sanjeev Narula issued notice on the law student's plea against his detention to DU and granted time to file its stand, but rejected his application seeking a stay on the detention order.  While the student's father urged the court to grant interim relief to his son at this stage, the judge questioned as to why he was "standing up" for his son who attended less than 50 per cent of his classes and remarked that it would be a lesson for life. "The classes are where you get trained. Have you questioned your son why is he not attending classes? Why are you standing up for him?... Nobody is questioning his intelligence.  Also Read -  Clear and specific legal framework needed for cases involving 'sex on false promise of m...

The Hon’ble Madras High Court has reprimanded trained Judicial Officers for being ignorant as to the procedure to be adopted in a case involving offences under the Unlawful Activities (Prevention) Act, 1967 ( “UAP Act” ). The Bench comprising Justice P.N. Prakash and Justice N. Anand Venkatesh directed Tamil Nadu State Judicial Academy to conduct a refresher course for the judicial officers, by focusing on the special enactments like UAP Act, POCSO Act, SC/ST Act, NDPS Act, etc. and make them aware of the procedure to be followed at the time of remand, extension of remand, extension of remand period from 90 days to 180 days, provided under certain enactments, taking cognizance of the final report etc. Also Read - Delay in submitting the forensic test report due to the lack of adequate manpower poses a significant challenge to the administration of justice: Orissa High Court The Division Bench noted that the Ambur police had registered a case against one Mir Anas Ali on July 30, 2022 ...