A Bombay High Court judge recently in the news for her order in a sexual assault case has expunged her controversial remarks from the record. On January 16 of this year, Justice Sadhana S Jadhav caused a furore when she allowed a bail application on the basis that the prosecutrix admitted to doing “dirty things”. Justice Jadhav has since deleted the comments from the order, stating that they were “mere reproductions of observations and diagnosis”. The comments were deleted after the State had filed an application requesting the judge to expunge her remarks. The order was passed in a case where the stepfather of the […]

A summary of cases from the causelists of the Supreme Court of India and the Delhi High Court. TABLE OF CASES Supreme Court of India In re: News Article Published in the Hindustan Times “And Quiet flows the Maily Yamuna” Dheeraj Mor v. High Court of Judicature at Delhi Indian Young Lawyers Association & Ors. v. State Of Kerala & Ors. State Bank Of India And Ors. v. Kingfisher Airlines Ltd. And Ors. Delhi High Court Uber India Systems Private Limited v. ANI Technologies Pvt Ltd. and Anr. The Chancellor, Master & Scholars of the University of Oxford and Ors. v. Rameshwari […]

The Gujarat High Court has held that only a Hindu Undivided Family (HUF) is not an ‘association of individuals’ under Section 141 of the Negotiable Instruments Act (NI Act). Hence, only a ‘Karta’ of a Hindu Undivided Family can be prosecuted for the dishonour of a cheque under Section 138 of the NI Act. The judgment was delivered on January 31 by Justice JB Pardiwala in a petition filed by one Rajendrabhai Jayantilal Shah. Advocate Amit R Joshi appeared for Shah while advocate Monal Davawala represented the respondent along with advocate BS Soparkar. Facts By way of background Shah who was the Karta of […]

Former Chief Justice of India, Justice Altamas Kabir has passed away. He was 68 years old. This news has been confirmed by sources close to the judge and PTI and Indian Express too have reported. There were conflicting reports coming in from different media houses regarding the death of the former judge. While ANI and Doordarshan had reported that he had passed away, News 18 and Livelaw had reported that he was on life support. ANI later apologised for the incorrect news. Kabir enrolled as an Advocate in 1973 and practised in the District Court and the Calcutta High Court on […]

Former Chief Justice of India, Justice (Retd.) Altamas Kabir is critically ill and has been put on life support system. He is being treated at Apollo Hospital, Kolkata. Conflicting media reports are coming in regarding death of the former Chief Justice of India Justice Altamas Kabir. While ANI, Doordarshan and other media outlets had reported that the former CJI had passed away in the morning, a source close to the judge has now told Bar & Bench he is critical but still fighting for his life.  Both News 18 and Livelaw have reported that the judge continues to be critical but […]

Even as five judges were elevated to the sacred halls of the country’s top Court on Friday, news of further appointments seems to be floating everywhere. In two separate notifications dated February 17, 2017, the President of India has appointed additional judges to the Allahabad and Karnataka High Courts. Justices Ashok Kumar, Vivek Chaudhary and Saumitra Dayal Singh were appointed as Additional Judges of Allahabad High Court while Justices N. K. Sudhindrarao, and Dr. H. B. Prabhakara Sastry were appointed as Additional Judges of the Karnataka High Court. High Courts across the country have been functioning below their sanctioned strength owing […]

For the last few days, a 60-page suicide note recovered from the eastern-most State in India has ruffled quite a few feathers in New Delhi. The note was purportedly written by a former Chief Minister of Arunachal Pradesh, Kalikho Pul. Aside from the authenticity of the note, which is itself being contested, the contents of the letter itself contain some shocking allegations. The note was first published by The Wire on February 8. Later The Quint also carried a story. Both the stories did not take any names contained in the note. Subsequently, the note began circulating on social media and […]

Three courts are now seized of the issue of age-limit prescribed for admission to LL.B. course in India. After the Supreme Court and Allahabad High Court had issued notice in petitions concerning the same, it is now the turn of the Rajasthan High Court. In a petition filed by one Anmol Sharma, the High Court has issued notice to the Bar Council of India (BCI) and Chanakya National Law University (CNLU). It also granted interim relief by allowing the petitioner to apply and participate in the Common Law Admission Test (CLAT) subject to further orders. The order was passed by […]

The Delhi High Court today heard the Delhi government’s appeal against the single judge order staying the notification directing private unaided schools to follow the neighbourhood criteria for admissions. The Division Bench of Chief Justice G Rohini and Justice Sangita Dhingra Sehgal heard arguments from Additional Solicitor General Sanjay Jain, who contended that Justice Manmohan’s judgment was erroneous and liable to be set aside. As reported earlier, the single judge bench in the February 14 judgment had observed that the government’s notifications were “arbitrary, discriminatory and contrary to public interest”. In the January 7 notification, the government had directed private unaided schools built […]

The Supreme Court today issued notice to Union government and the Medical Council of India (MCI) seeking their reply on the age criteria for the National Eligibility Cum Entrance Test (NEET) for undergraduate courses. A Bench of Justices Dipak Misra, R Banumathi and M Shantanagoudar has sought the response of the Central government and MCI in a petition filed by one Sabyasachi Rai. Advocate Vaibhav Srivastava, appeared for the petitioner. The Ministry of Health and Family Welfare had taken the decision to introduce a cap on age-limit in January this year following a meeting of the University Grants Committee in January […]