The Madras High Court recently while hearing a batch of applications filed by various maritime claimants has passed a landmark judgement on a significant question of law. The query which arose for consideration was whether the leave of the Company Court under Section 446(2) of the Company’s Act, 1956 was mandatory prior to hearing the various applications of the claimants while exercising its special Admiralty Jurisdiction conferred by virtue of it being a Chartered Court.To briefly state the facts, the vessel M.T.Pratibha Cauvery was caught in the eye of a cyclonic storm named ‘Nilam’ around 27th of October 2012, wherein several crew members were stuck in the ship with no means to water or food. As the intensity of the storm grew stronger, some of the crew members decided to jump into the sea by using the life boats available to them on the vessel for their survival. However, as the said life boats were not having sufficient fuel, the crew members were stranded in … [Read more...] about Admiralty Jurisdiction Vis A Vis Company Court- Which Will Prevail?
Landmark judgements of supreme court of india 2014
Model Prison Manual 2016 has serious anomalies, may lead to human rights abuses: Activist & Expert Smita Chakraburtty Justice V N Sinha, who retired from Patna High Court, had been Member of National Legal Services Authority (NALSA) on the recommendations of the Chief Justice of India in 2014 and continued as such till he demitted office in 2015.Justice Sinha, commissioned Smita Chakraburtty, to inspect all the 58 prisons of the state of Bihar, to find out about the physical and legal status of each and every prisoner living in the prisons of Bihar. Smitas report was subsequently published by Bihar State Legal Services Authority. Justice Sinha and Smita have jointly presented the Bihar Prison Report in various forums since then.Smita Chakraburtty, is an Independent Researcher and Activist working on Prisoners’ Rights. She is also Consultant Specialist- Court and Criminal Justice System with Azim Premji Philanthropic Initiatives- APPI. (Views held by Smita, are her own and … [Read more...] about Interview: Burden of enforcing right to life & to speedy trial by SC and the exchequer is worth undertaking: Justice V.N.Sinha
The privacy of public servant is becoming a highly contentious issue since the advent of Right to Information Act, 2005 enabling citizen to seek information about public authorities and their officers. An employee of the state is legally defined as public servant and every citizen will be a virtual employer in electoral democracy. Can privacy hamper the regime of transparency and scrutiny of public conduct of the public servant? If government employees privacy is limited, to what extent? The conflict between right to privacy and need for transparency is the centre of controversy in many cases before the information Commissions and Constitutional courts, more so in Girish Ramachandra Deshpandy case, which travelled from second appeal in CIC to SLP before Supreme Court has set a controversial standard for ‘personal’ information causing serious damage to right to information. The apex court’s order of dismissing SLP in Girish Ramachandra Deshpande is … [Read more...] about Scope Of Privacy Of ‘Public’ Servant: An Analysis Of Girish R Deshpande Vis-A-Vis Other Binding Precedents
PROLOGUEElections are believed to be manifestations of public conscience and a forerunner to the much hyped method of governance- Democracy.But then those obvious questions pop in: When do these elections get insulated with public manifestations and establish the actual will of the people? Is it when the public do so lately misguided in the selection of their representative by covering-up the quality of the candidate who contest in elections and allowing him to rule the country eventually?Or is it when the actual and accurate information are set out to the public,to make the choice deliberate? If this is a mere academic dialog, all of us would prefer, the second context as our opinion, by virtue of the veil of ignorance. But this is not the answer or reflection we are receiving from the biggest democratic process in our country.It goes without saying that India has always been on locus for being a country with cultural, religious and linguistic diversities, in enforcing corruption free … [Read more...] about Tales On Disqualification Of Elected Representatives For Government Contracts And The Corporate Camouflage
“There was a time when it was thought almost indecent to suggest that judges make law; they only declare it. Those with a taste for fairy tales seem to think that in some Aladdin’s cave there is hidden a common law in all its splendour and that on a judge’s appointment there descends on him knowledge of the magic words, ‘Open Sesame’. Bad decision are given when the judge has muddled the password and the wrong door opens. But we do not believe in fairy tales anymore.” – Lord Reid Let me start with the centuries old Kautilyan philosophy, he said, the fact that a judge is called a ‘dharmastha’- upholder of dharma – indicates that the ultimate source of all law is dharma. So long as every Arya follows his svadharma having due regard to his varna & ashram & the king follows his rajadharma, social order will be maintained (See Kautilya-The Arthashastra, Part VIII p. 349). In the Constituent … [Read more...] about Judicial Legislation: Whats’ The Lakshman Rekha !
It has only been days since Sheila Dikshit resigned as the Governor of Kerala, and the Government of India despite all the opposition from other political parties and the judiciary itself appointed former Chief Justice of India as Governor of Kerala on Wednesday.Before the present instance, a former Chief Justice of India had never been appointed as a Governor, however, there have been instances where a former Chief Justice of High Court was appointed as Governor. Moreover, Justice Sathasivam retired as the CJI in April this year only.The move to appoint Justice Sathasivam as governor has received much criticism with 117 members of the Kerala High Court Advocates Association moving a resolution requesting the President to discard the recommendation made by the Home ministry. Former Chief Justice of India V N Khare has also stated that the move will set a bad precedent and will lead to more political intervention in the coming years. He said “There is no precedent to this. No … [Read more...] about Despite oppositions, Justice Sathasivam appointed as Kerala Governor
India, on Thursday, reiterated at the United Nations Human Rights Council, that it is a secular state with no state religion, and that safeguarding the rights of minorities forms an essential core of its polity, as it came under criticism from Pakistan over treatment of minorities.Speaking at the 27th session of the Universal Periodic Review Working Group in Geneva, Attorney General Mukul Rohatgi emphasized on the spirit of “Vasudhaiva Kutumbakam”, as imbibed in “India’s ancient wisdom”, and flaunted the country’s openness and diversity, which he claimed is reflected in India’s polity as well.Mr. Rohatgi repeatedly mentioned the pivotal role played by the judiciary in upholding human rights in the country. On one occasion, without naming Yakub Memon, he mentioned how he was summoned at 2 in the morning by the Supreme Court to hear his appeal.“The Right to fair trial and free legal aid up to the highest court are enshrined … [Read more...] about India Is A Secular State With No State Religion, Citizens’ Freedoms Are Well-Protected: AG Mukul Rohatgi Tells UNHRC [Read Full Text]
“Election is a secular exercise and therefore a process should be followed….the relationship between man and god is an individual choice and state should keep this in mind”,said the majority. Delivering a landmark ruling, the Supreme Court today held that seeking votes in the name of religion, caste or community amounted to corrupt practice and election of a candidate who indulged in it can be set aside.A seven judge constitution bench of the court headed by Chief Justice T S Thakur who retires tomorrow passed the ruling by a 4:3 majority. The bench was interpreting section 123(3) of the Representation of Peoples Act. Justices D Y Chandrachud, A K Goel and U U Lalit dissented from the majority view.“Election is a secular exercise and therefore a process should be followed….the relationship between man and god is an individual choice and state should keep this in mind”, held the majority view.On their part the dissenting judges … [Read more...] about Seeking Votes In The Name Of Religion Corrupt Practice: SC Constitution Bench [Read Judgment]
I am quite aware that the writing of memoirs and recollections is a tradition reserved only for the choices of gentlemen who, through their seminal contributions have left an indelible mark in the pages of history, unforgettable and cherished for the ages to come. These rare breed of men, I have been told appear on the horizon once or twice in a half century and leave behind them a trail of remarkable achievements and unique feats which are remembered long after they take leave. Legends are scripted of their varied exploits, people speak of the interactions they have had with them and of other cherished memories, and the younger members of society are made to look up to them as heroes and role models, personalities befitting of being emulated and followed.If this account has to be one of truthfulness and reality, sans any wishful story writing, I must admit at this juncture that I was not one who believed in these delightful wonderland legends. Maybe because I happened to be only 23 … [Read more...] about As A Law Clerk To A Kashmiri Prince: My Experience Of Working With Justice Sanjay Kishan Kaul
In a recent ruling, the Supreme Court (SC), in the case of Subramanian Swamy vs Election Commission of India (ECI), has held that VVPAT (Vote Verifiable Paper Audit Trial) is “indispensable for free and fair elections”. In accordance to that, the Supreme Court has directed the ECI to equip Electronic Voting Machines (EVMs) with VVPAT systems to “ensure accuracy of the VVPAT system”. This ruling is being hailed as another landmark judgment by the Supreme Court in the wake of the upcoming General Elections of 2014.The Court directed the government to provide the key financial assistance to the ECI to cause VVPAT systems to be deployed along with EVMs. Reiterating the stand of the Delhi High Court in an earlier judgement, the Apex Court maintained that costs and finances cannot and should not be a deterrent to the conduct of free and fair elections. This ruling is obviously a victory for accountable voting in India, but it leaves a few questions unanswered.The … [Read more...] about The VVPAT Ruling: Worth Celebrating?