Page 12 - Indian Judiciary

SC issues notice to Gauhati HC in connection with Dhemaji Bomb Blast case

A bench of justices J K Maheshwari and Justice Sudhanshu Dhulia issued notice to respondents on the petition against Gauhati High Court

Delhi HC approves assistance, recovery of wages for rescued child labourers

In cases where the back wages for bonded child labour are recovered, the same shall be disbursed to the said child, his or her parents or legal guardians

Optimising tech strategic move towards democratising access to justice: CJI

Chief Justice of India DY Chandrachud said on Saturday that optimising tech within the judiciary is not just about modernisation but also a strategic move towards democratising access to justice, and underlined the need to train lawyers to use technology. Leveraging these advancements will help bridge gaps, enhance efficiency, and ensure that justice delivery is not impeded by geographical and technological barriers, he said while addressing a gathering at the inauguration of a new district court building here. Highlighting the importance of district courts, Justice Chandrachud said they hold a crucial position for the realisation of the right to justice and are a cornerstone of the ideals of our Constitution in envisioning a society where every citizen is assured that right to justice. Talking about the new court building in Rajkot, he called the inclusion of a conference room and a training room, equipped with the latest audio-video devices and systems, a forward-looking ...

SC constitutes committee of judges for preparing SOP on adjournments

The Supreme Court has constituted a committee of judges for preparing a standard operating procedure (SOP) for lawyers seeking adjournment of proceedings. The panel has invited suggestions of the Bar and other stakeholders on the issue. The development comes after the Supreme Court Bar Association and the Supreme Court Advocate on Record Association raised concern over circulars issued by the top court about discontinuation of the practice of circulation of adjournment slips. The apex court had issued two circulars on December 5 and 22 regarding discontinuation of the practice. "In order to accommodate the request of listing maximum number of cases in the interest of litigants and in view of the ensuing winter vacation, all stakeholders to note that the practice of circulating adjournment slips/letters is discontinued with immediate effect till December 15, 2023. In case of any genuine difficulty, a request for adjournment can be made before the Court concerned," the circular issue

Articles of disassociation: How can a company deal with divorce?

In the United States, the law says half of the combined assets belong to the wife in case of divorce

75.69% of judges appointed between 2018 and 2023 belong to general category

13.8% women sitting judges in higher judiciary: Law Ministry

Counsel's refusal to examine witness due to strike constitutes contempt: HC

Taking a serious note of delay in criminal trials especially on account of non-examination of witnesses, the Allahabad High Court on Friday ruled that any act of a counsel to prevent examination of a witness or refusal to examine a witness due to a strike call constitutes professional misconduct and contempt of court. The observation was made by Justice Ajay Bhanot while hearing the third bail application moved by an accused in a criminal matter, Noor Alam on grounds that in spite of directions to conclude the trial the same is not being concluded. The status report on the case sent by the trial court was to the effect that the lawyers repeatedly struck work. The striking lawyers prevented the examination of witnesses who had appeared before the trial court on the dates fixed. Non-examination of witnesses on various dates derailed the court process and delayed the trial. Consequently the order of this Court was not complied with. "In case examination of a witness is prevented by ..

Delhi HC released Judicial Service Exam 2023 notification, check details

A notification has been released by the Delhi High Court for the Delhi Judicial Service Examination for the year 2023. Eligible candidates must apply by November 22, 2023

Corruption weeded out from system under current regime: VP Dhankar

Vice-President Jagdeep Dhankhar on Monday urged people to believe in the country's judicial system rather than hitting the streets when faced with legal issues. He said the country's governance mechanism has been "sanitised and power brokers neutralised." Speaking at a programme at Cotton University here during a day-long visit, Dhankhar said, "There are some people who hit the streets whenever they receive a summons from the judiciary or probe agencies. "We have a robust judicial system, why don't we avail it? Our courts have performed wonderfully," he said. The vice-president said corruption has been weeded out from the system under the current regime. "I have seen times when it was thought that law cannot reach some people, brokers were everywhere and corruption was rampant. But these times are now over. "There was a time when our power corridors and governing system were infested with power brokers and corrupt elements. These corridors have now been sanitised and brokers ...

VP urges people to believe in judicial system instead of hitting streets

Vice-President Jagdeep Dhankhar on Monday urged people to believe in the country's judicial system rather than hitting the streets when faced with legal issues. He said the country's governance mechanism has been "sanitised and power brokers neutralised." Speaking at a programme at Cotton University here during a day-long visit, Dhankhar said, "There are some people who come out on the streets whenever they receive a summons from the judiciary or probe agencies. "We have a robust judicial system, why don't we avail it? Our courts have performed so wonderfully," he said. The vice-president said corruption has been weeded out from the system under the current regime. "I have seen times when it was thought that law cannot reach some people, brokers were everywhere and corruption was rampant. But these times are now over. "There was a time when our power corridors and governing system were infested with power brokers and corrupt elements. These corridors have now been sanitised and .

SC dismisses PIL challenging restoration of Rahul Gandhi LS membership

The Supreme Court on Friday dismissed a PIL challenging the restoration of Congress leader Rahul Gandhi's Lok Sabha membership and imposed a cost of Rs 1 lakh on the petitioner. A bench headed by Justice BR Gavai said the petition is abuse of the process of law as no fundamental right of the petitioner has been violated. The top court was hearing a plea filed by advocate Ashok Pandey challenging restoration of Gandhi's membership. The Lok Sabha Secretariat had restored Gandhi's membership after the Supreme Court on August 4 stayed his conviction in case related to a remark on the 'Modi' surname. The Congress leader, who was disqualified from the lower house in March 2023, was reinstated as Wayanad MP. BJP leader Purnesh Modi had filed a criminal defamation case against Gandhi in 2019 over his "How come all thieves have Modi as the common surname?" remark made during an election rally in Kolar in Karnataka on April 13, 2019.

SC, IIT Madras sign MoU to facilitate digital transformation of judiciary

The Supreme Court and IIT Madras have signed a memorandum of understanding (MoU) to facilitate digital transformation of Indian judiciary and improve access to justice. A press release issued by the public relations office of the apex court said the MoU was signed following the visit of Chief Justice of India D Y Chandrachud to Indian Institute of Technology (IIT) Madras in July this year. It said the top court and IIT Madras will be collaborating on using artificial intelligence (AI) and emerging technologies for "transcription tools, summarization of page transcript, translation tool, exclusive streaming platform for court trials, process automation and large languages models for the legal domain". "The MoU is aimed to facilitate the digital transformation of the Indian judiciary, aligning it with the vision for a more efficient and technologically advanced legal ecosystem to improve access to justice," the release said. It said the apex court, under the leadership of CJI ...

Courts expected to be sensitive in cases involving crime against women: SC

Courts are expected to be sensitive in cases involving crime against women, the Supreme Court has said while dismissing appeals filed by a man and his mother against their conviction for cruelly treating his wife, who died due to poisoning. The apex court said it is expected that courts would not allow criminals to escape on account of procedural technicalities, perfunctory investigation or insignificant lacunas in the evidence, otherwise the victims would be totally discouraged by the crime going unpunished. "The courts are expected to be sensitive in cases involving crime against women," a bench of Justices J B Pardiwala and Prashant Kumar Mishra said in its verdict delivered on Friday. The judgement came on the appeals filed by the two convicts challenging a March 2014 order of the Uttarakhand High Court. The high court had upheld the order of a trial court, which had convicted the husband and mother-in-law of the deceased in the case lodged in 2007. While the husband, Balvir .

Institutional collaboration precursor to solution finding: CJI Chandrachud

Chief Justice of India D Y Chandrachud on Saturday said institutional collaboration is the precursor to solution finding while adjudicating judicial questions and it also plays a significant role in increasing access to justice. Addressing the inaugural ceremony of the Bar Council of India's (BCI) two-day 'International Lawyers Conference 2023' here, he said it is utopian to think that there will be a day when "we find perfect solutions with no challenges to the justice delivery". "However, it is definitively not utopian to aspire for a world where nations, institutions and most importantly individuals are open to engage with and learn from one another without feeling threatened or belittled," the Chief Justice of India (CJI) said. He said that while the Constitution provides for separation of power among the legislature, the executive and the judiciary, it also creates a space for institutions to learn from each other and deliver justice. "Institutional collaboration is a precurso

PM Modi inaugurates International Lawyers' Conference in New Delhi

The International Lawyer's Conference 2023 is being organised by the Bar Council of India on the theme 'Emerging Challenges in Justice Delivery System' on September 23 and 24

Govt making sincere attempts to draft laws in simple manner: PM Modi

Prime Minister Narendra Modi said on Saturday that his government is making sincere attempts to draft laws in a simple manner and in Indian languages to the maximum extent. Inaugurating the International Lawyers' Conference here, he said the language used to write laws and in the judicial process plays a big role in ensuring justice. "We in the Indian government are thinking that law should be produced in two ways. One draft will be in the language you are used to," he said to the audience drawn from the legal field. "The second draft will be in a language which the country's common man can understand. He should consider the law his own." Modi said there had been a practice of drafting laws in a complex manner. Lauding the legal fraternity, he said the judiciary and the Bar have long been protectors of India's justice system and noted that they played a pivotal in India's independence. The likes of Mahatma Gandhi, B R Ambedkar, Jawaharlal Nehru and Sardar Vallabhbhai Patel were ...

SC data will be available on National Judicial Data Grid: CJI Chandrachud

Chief Justice of India DY Chandrachud on Thursday announced that the Supreme Court will soon be linked to the National Judicial Data Grid (NJDG), a repository of data relating to pendency of cases and disposal rate of courts right from the taluka level to the national level. At present the portal shows data only up to the high court level. As the CJI started the day's proceedings in the apex court, he said data of the top court will be uploaded on the NJDG on real time basis. "A small announcement. It is a historic day. It is a unique and informative platform which is developed by the NIC and in house team of Supreme Court. Now at the click of a button you can see real time information on pendency and disposal of cases, year-wise, total pendency of registered and unregistered cases, number of cases decided quorum- wise," the CJI said. The CJI stated that uploading of data on the NJDG will ensure transparency and accountability in the judicial domain. The NJDG is a database of orde

Cabinet approves eCourts project phase-III with cost of Rs 7,210 crore

The eCourts project has been under implementation since 2007 for ICT enablement of the Indian Judiciary. The Phase II of the project has concluded in 2023

Show-cause notice issued to Gehlot on 'corruption' against judiciary remark

A division bench of the Rajasthan High Court on Saturday issued a show-cause notice to Chief Minister Ashok Gehlot on a PIL seeking suo moto criminal contempt proceedings against him. The PIL was filed by local advocate Shivcharan Gupta on Thursday following the chief minister's remark suggesting "corruption" in the judiciary. A division bench headed by Justice M M Shrivastava and Justice Ashutosh Kumar heard the matter on Saturday and issued the notice to Gehlot, directing him to respond within three weeks. While talking to reporters in Jaipur on Wednesday, Gehlot said, "Corruption is rampant in the judiciary today. I have heard that some lawyers themselves take the judgement in writing and the same judgement is pronounced." However, after facing criticism, the chief minister later clarified that what he had said was not his personal opinion and that he has always respected and believed in the judiciary. In protest against the chief minister's comment, thousands of advocates ...

New tender process for Dharavi redevelopment transparent: Maha govt to HC

The new tender issued in 2022 for the Dharavi slum redevelopment project in Mumbai was transparent and no undue favour was shown to the highest bidder Adani Group, the Maharashtra government has submitted to the Bombay High Court. The government earlier this month submitted its affidavit in response to a petition filed by the UAE-based company Seclink Technologies Corporation, challenging the government's decision awarding the project to Adani Properties Private Ltd. "The petitioner has made unfounded and reckless allegations such as actions of respondents being politically motivated without any basis or material as indeed none exists. For making such reckless allegations alone, the writ petition deserves to be dismissed with costs," the affidavit said. A division bench of Chief Justice D K Upadhyaya and Justice Arif Doctor will hear the plea on Thursday. The affidavit filed by the deputy secretary of the state housing department said the petitioner company has made "false and ...