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
1. Right To Privacy Is A Fundamental RightSettling the decades long debate on the issue of the right to privacy being a fundamental right, the Supreme Court held that right to privacy is protected under Article 21 of the Constitution of India. In a unanimous decision, a nine -Judge Constitution Bench overruled the judgments in MP Sharma and Kharak Singh cases. The Petitions were disposed of in the following terms: The decision in M P Sharma that privacy is not a fundamental right stands overruled. The decision in Kharak Singh that privacy is not a fundamental right stands overruled. Right to privacy is protected as intrinsic part of right to life and liberty. All decisions subsequent to Kharak Singh makes the position clear and will hold the field. Read the Judgment Here 2.Triple Talaq UnconstitutionalIn a landmark decision, Supreme Court of India declared the practice of Triple Talaq as unconstitutional by a 3:2 … [Read more...] about Read 25 Important Judgment Of Supreme Court Of India Delivered In 2017
IntroductionThe Insolvency & Bankruptcy Code, 2016 (“the Code”) has been one of the most path-breaking laws promulgated in the country in recent times. There has been a paradigm shift in the debt recovery scenario in the country, consequent to the implementation of the Code. It is undoubtedly a welcome overhaul of the framework that had been in existence in the past, thereby consolidating all the laws pertaining to insolvency and debt recovery that had been scattered into a number of legislations, into a single legislation, under a unified Code. The Code offers a uniform, comprehensive insolvency legislation encompassing all companies, partnership firms, individuals, and lays down consistent and coherent provisions for the stakeholders who have been affected by business failure or inability to pay debt and aims to attain swift and effective bankruptcy resolution, in times to come, unlike the never-ending process that used to be prevalent earlier.The insolvency matters … [Read more...] about Natural Justice vis-a-vis The Insolvency & Bankruptcy Code, 2016- Audi alteram partem : An Unravelled Mystery!
On the 24th of August, a nine-judge bench of the Supreme Court delivered its verdict in Justice K.S. Puttaswamy vs Union of India, unanimously affirming that the right to privacy is a fundamental right under the Indian Constitution. The verdict brought to an end a constitutional battle that had begun almost exactly two years ago, on August 11, 2015, when the Attorney-General for India had stood up during the challenge to the Aadhaar Scheme, and declared that the Constitution did not guarantee any fundamental right to privacy. The three judges hearing the case referred the constitutional question to a larger bench of five judges which, in turn, referred it further to a nine-judge bench. The case was argued over six days in the month of July, during which the Union of India, with many supporting state governments, the UIDAI and TRAI, repeated the Attorney-General’s 2015 claim – a claim which, as we shall see, was decisively rejected by the Court.Six … [Read more...] about The Supreme Court’s Right to Privacy Judgment – I: Foundations By Gautam Bhatia
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
Introduction The meaning of the history cannot be confined to the rise and fall of kings and wars around a territorial unit. The genesis of ideas and their rule over the civilization is significant history of mankind. For instance, the Great Britain has no written constitution, but declarations of Rights of Men and consequential developments constitute landmarks of legal history of Britain. The Magna Carta, meaning Great Charter first issued by King John of England in 1215 and 1689 Bill of Rights are two documents which influenced the legal history of that nation, US and several commonwealth countries like India. King was granting certain liberties to God, the Church and the free men of England.Like love & pleasure, the knowledge increases on distribution defying the logic and mathematics, even Medical Science proved that the liver increases on distribution. In fact, “Information is the source of knowledge and empowerment”; we need to trace the origin of idea of … [Read more...] about Right To Petition To Right To Information: Evolution Of Human Right To Good Governance
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]
A doyen of Constitutional Law,Senior Advocate P.P. Rao has been a natural successor to legends such as H.M. Seervai, M.C. Setalvad, C.K. Daphtary, N.C. Chatterjee, S.V. Gupte, A.K. Sen, Niren De, whom he all assisted during his early days.He was enrolled as an Advocate with Bar Council of Delhi in 1967 and thereafter shifted practice to the Supreme Court. He was designated as a Senior Advocate in 1976. He was elected the President of the Supreme Court Bar Association in 1991, and in 2006, he was awarded the Padma Bhushan.In his early days he represented the State of Andhra Pradesh as Advocate on Record in ‘Kesavananda Bharati’ and assisted Attorney-General Nirin De in ‘ADM Jabalpur’. Later he had argued a number of leading Cases including A.R. Antulay v R.S. Naik, 1988 Supp (1) SCR 1, S.R. Bommai v Union of India, (1994) 3 SCC 1, P.V. Narasimha Rao v State, (1998) 4 SCC 621, , Ashok Kumar Thakur v Union of India, (2008) 6 SCC 1, M.S. Gill v Chief Election … [Read more...] about The most serious flaw in NJAC is that any two members of the Commission can veto the decision of the majority which would result in stalling appointments; Interview with Eminent Jurist and Senior Advocate P.P.Rao
“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]
The Judgement of the Supreme Court of India in the case of KS Puttaswamy (Retd.) & Ors vs Union of India has rightly been heralded as a Constitutional Landmark in the ever-evolving horizon of Fundamental Rights Jurisprudence.Tracing the position of Law, right from the timeless opinion of William Pitt, The Elder, in Semaynes Case, to the expositions of Brandeis. J, in his famous article in The Harvard Law Review to the decisions of the United States Supreme Court in Olmstead, Griswold, Katz, Roe and finally concluding in the dictum in Jones, the 547 page judgement was absolutely thorough in approach and left no stone unturned.What it will be remembered for is, quite obviously, acknowledging that the ‘Right to Privacy’ exists specifically in Article 21 of the Constitution of India and in a manner, permeates the entire Chapter on Fundamental Rights in the Indian Constitution. The decision was absolute and emphatic, as it represented the … [Read more...] about Eugene Wambaugh’s Inversion Test And Its Applicability To The ‘Right To Privacy’ Judgement of the Supreme Court of India