Page 16 - Indian Judiciary

Not getting enough lawyers to serve in higher judiciary: Supreme Court

The Supreme Court on Thursday expressed disappointment over not getting enough eligible lawyers for lateral entry into higher judiciary as additional district judges across the country. Lawyers with a minimum of seven years experience can take a competitive examination for lateral into Higher Judicial Services (HJS) as ADJs. A bench headed by Chief Justice D Y Chandrachud was hearing a plea of several unsuccessful candidates of the higher judicial services (HJS) examination held recently in Rajasthan. Refusing to entertain the plea, the bench, also comprising Justices Hima Kohli and J B Pardiwala, asked the candidates to approach the high court instead. The court said it is of the considered view that such a challenge can be raised under Article 226 of the Constitution in the Rajasthan High Court. The counsel, Prashant Bhushan, submitted that the answer sheets be evaluated by a former judge... We leave it open to the petitioners to move the Rajasthan High Court. We request the Chi

GM mustard row: Supreme Court will only examine 'judicial aspects'

The next hearing will be on November 29

Rising rate of juvenile delinquency in India a matter of concern: SC

The Supreme Court on Wednesday expressed concern over rising rate of crimes involving juvenile accused, saying it needed immediate attention and that it was up to the government to revisit the benevolent juvenile justice law. The observations came from a bench of justices Ajay Rastogi and J B Pardiwala which held Shubam Sangra, one of the key accused in the sensational gang-rape and murder case of an eight-year-old nomadic girl in Kathua in 2018, was not a minor at the time of offence and ordered his trial as an adult. The top court also quoted American musician Kurt Cobain in its 66-page judgement. Rape is one of the most terrible crimes on earth and it happens every few minutes. The problem with groups who deal with rape is that they try to educate women about how to defend themselves. What really needs to be done is teaching men not to rape. Go to the source and start there, the court said quoting the musician. Before we close this matter, we would like to observe that the risin

Fantasy sports offered by Dream11 are games of skill, not chance: SC

Two-judge bench dismisses review petition seeking to reopen and review an earlier SC order relating to a 2017 Punjab and Haryana HC decision ruling fantasy sports to be a game of skill

Need to change the face of district judiciary 'first and foremost': CJI

Chief Justice of India Justice DY Chandrachud says there is a need to change the face of the district judiciary

Courts should be sensitive, we are dealing with humans not files: Delhi HC

Courts need to maintain sensitivity and compassion that is balanced with law as they are dealing with humans and not mere files and orders, the Delhi High Court has said. The court's observation came while dealing with a petition by a murder convict serving a life term, who sought a two-month parole to settle the division of his family property, arrange funds for his family and also "curb inner stress" following the death of his mother. The petitioner's request for parole was turned down by the Delhi government on several grounds, including that his conduct in jail was unsatisfactory. Justice Swarana Kanta Sharma, however, directed the release of the petitioner for a period of 45 days on parole, saying, "Sensitivity and compassion balanced with rules, regulations and law needs to be maintained by any court as one is dealing with humans and not mere files and orders." The judge considered that the petitioner, who has spent 14 years in jail and was earlier granted parole on seven ...

A fresh beginning

Justice Chandrachud's term will be closely followed

Supreme Court to hear plea against CJI-designate Justice D Y Chandrachud

The Supreme Court on Wednesday decided to hear during the day a plea seeking to restrain the senior most judge, Justice D Y Chandrachud, from taking oath as the Chief Justice of India on November 9. A bench headed by Chief Justice Uday Umesh Lalit said instead of Thursday, it will hear the petition at 12.45 pm when a lawyer mentioned the case for hearing on Thursday. Get the paper books for my brother and sister (Justices S Ravindra Bhat and Bela M Trivedi). We will list the matter at 12.45 pm today itself, the CJI said. Justice Chandrachud, the CJI-designate, will take oath as the 50th Chief Justice of India on November 9.

CJI Lalit restored public confidence in judicial system: CM Mamata

Mamata Banerjee was all praise for the current Chief Justice of India, U.U. Lalit

Married woman asked to do household work for family not cruelty, says HC

If a married woman is asked to do household work for the family, the same cannot be equated to the work of a maid servant and would not amount to cruelty, the Aurangabad bench of the Bombay High Court said while quashing a case lodged by a woman against her estranged husband and his parents for domestic violence and cruelty. A division bench of Justices Vibha Kankanwadi and Rajesh Patil, on October 21, quashed the First Information Report lodged against the man and his parents. The woman, in her complaint, had alleged she was was treated properly for a month after marriage, but thereafter, they began treating her like a maid servant. She also claimed her husband and his parents, a month after the marriage, started demanding Rs 4 lakh to buy a four-wheeler. In her complaint, the woman said she was then subjected to mental and physical harassment by her husband over this demand. The HC, in its order, noted the woman had merely stated she was harassed but had not specified any such ac

DY Chandrachud appointed 50th Chief Justice of India, to take oath on Nov 9

Lauded as a feminist judge for his reasoning, Justice Chandrachud spoke to young law graduates recently and told them to incorporate a feminist way of thinking while dealing with the law

CJI-designate Chandrachud part of landmark verdicts: A few highlights

He is no stranger to the hallowed corridors of the Supreme Court over which his illustrious father presided for about seven years and four months, the longest in the institution's history. Dhananjaya Y Chandrachud, however, had no qualms about overturning the judgements of father Y V Chandrachud on hot- button issues like adultery and the right to privacy. The senior-most Supreme Court judge will now take over as the 50th Chief Justice of India on November 9, stepping into the shoes of his redoubtable father Y V Chandrachud, who was the CJI between 1978 and 1985, the first instance of a father-son duo occupying the most sanctified seat in the over seven-decade history of the highest court of India. The formidable DY Chandrachud, has been part of several constitution benches and penned landmark verdicts at the top court, including those in the vexed Ayodhya land title dispute. Justice Chandrachud will take the charge from incumbent CJI Uday Umesh Lalit, who recommended him as his .

Still have hope in judiciary, says student who fought against hijab ban

Even as the Karnataka government has vowed to continue the hijab ban in educational institutions till the Supreme Court gives a final verdict, Aliya Assadi, one of the girl students who started the fight for hijab at the government PU college in Udupi, says there is still hope for a fair judgement on the issue. Assadi took to Twitter to express her view on the split verdict given on the hijab issue by the Supreme Court, saying the judgement has upheld the rights of victim girls. "Hon'ble Justice Dhulia's statement has further strengthened our hope in fair judgement and continued constitutional value at least in miniscule. Thousands of hijabis students are waiting to resume their education," she tweeted. Assadi was one of the petitioners who moved the High Court seeking to protect the right of Muslim girls to wear hijabs in educational institutions. Another student Hiba Sheik, in her tweet, said: "Our plea was straightforward & simple. All we asked was our personal choice & ...

DY Chandrachud to succeed UU Lalit as the next Chief Justice of India

Chandrachud was the additional solicitor general of India in 1998 and was sworn-in as the chief justice of the Allahabad High Court in 2013

Centre recommends elevation of two judges as CJs of Karnataka and J-K HC

The Centre has notified the elevation of two judges as chief justices of the Karnataka High Court, Jammu & Kashmir and Ladakh High Court, and also notified the transfer of Chief Justice of J&K High Court to the Rajasthan High Court.

SC collegium meeting of Sept 30 on elevation of judges discharged

'The unfinished work in the meeting called for September 30 is closed without there being any further deliberation and it stands discharged'

153 high court judges appointed this year; more appointments likely: Report

A total of 153 judges have been appointed to the various high courts in this calendar year so far, with sources on Thursday hinting at more appointments to the higher judiciary in the coming days. Six additional judges were appointed to the Bombay High Court on Thursday. It is learnt that the government is also set to take a call on the elevation of Bombay High Court Chief Justice Dipankar Datta to the top court shortly. If he is appointed to the apex court, its working strength will go up to 30. The sanctioned strength of the top court is 34, including the Chief Justice of India (CJI). The government is also set to initiate the process of appointing the next CJI, most likely this week or early next week. As part of the procedure, the Union law minister writes to the CJI to name his or her successor. Justice Uday Umesh Lalit retires as the CJI on November 8. Justice D Y Chandrachud is the senior-most judge after the CJI. As per practice, the CJI names the senior-most judge as hi

Can reducing 'state-litigation' solve half of the judiciary's problems?

Yes, the government is the biggest litigant in the country, but this is not the whole truth

What is a constitution bench?

You can watch the Supreme Court proceedings live now. Last week, the apex court started live-streaming proceedings of Constitution benches. But what is a Constitution bench. Our next report tells

Even Ajmal Kasab had fair trial in our judiciary: Satyendar Jain's counsel

Even the Mumbai 26/11 attacker and convict Ajmal Kasab had a fair trial; it is the fairness of our judicial system, argued senior counsel for Delhi Cabinet Minister Satyendar Jain