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Supreme Court of India
Bar & Bench (www.barandbench.com) SUPREME COURT OF INDIA Re: Filling up vacancies of Judges in the Supreme Court. Against the sanctioned strength of 31 Judges, the Supreme Court of India is presently functioning with 25 Judges, leaving six clear vacancies. The Collegium met today to consider filling up of these vacancies and after extensive discussion and deliberations unanimously resolves to fill up, for the present, two of these vacancies. The Collegium discussed names of Chief Justices and senior puisne High Court Judges eligible for appointment as Judges of the Supreme Court. The Collegium considers that at present Mr. Justice K.M. Joseph, who hails from Kerala High Court and is currently functioning as Chief Justice of Uttarakhand High Court, is more deserving and suitable in all respects than other Chief Justices and senior puisne Judges of High Courts for being appointed as Judges of the Supreme Court of India. While recommending the name of Mr. Justice K.M. Joseph, the Collegium has taken into consideration combined seniority on all-India basis of Chief Justices and senior puisne Judges of High Courts, apart from their merit and integrity. Mr. Justice K.M. Joseph was appointed as a Judge of the Kerala High Court on 14th October, 2004 and was elevated as Chief Justice of the Uttarakhand High Court on 31st July, 2014 and since Bar & Bench (www.barandbench.com) 2 then has been functioning there. He stands at Sl. No.45 in the combined seniority of High Court Judges on all-India basis. We have also considered the names of eminent members of the Bar. -
National Initiative to Reduce Pendency and Delay in Judicial System
Conference Proceedings of National Initiative to Reduce Pendency and Delay in Judicial System Organized by : SUPREME COURT OF INDIA In collaboration with : THE INDIAN LAW INSTITUTE New Delhi 27-28 July 2018 Hon’ble Shri Justice Dipak Misra Chief Justice of India Conference Proceedings of National Initiative to Reduce Pendency and Delay in Judicial System CONTENTS PART I PAGES BACKGROUND 13 INAUGURAL SESSION: Inaugural Address by Hon’ble Shri Justice Dipak Misra, Chief Justice of India 16 Summary of Special Address by Hon’ble Shri Justice Ranjan Gogoi, 26 Judge, Supreme Court of India Summary of Address by Hon’ble Shri Justice Madan B. Lokur, 29 Judge, Supreme Court of India Summary of Address by Hon’ble Shri Justice Kurian Joseph, 34 Judge, Supreme Court of India Vote of Thanks by Prof. (Dr.) Manoj Kumar Sinha, 38 Director, Indian Law Institute SESSION I: CASE AND COURT MANAGEMENT TO STRENGTHEN JUDICIARY – THE WAY AHEAD Chair: Hon’ble Shri Justice A.K. Sikri, 43 Judge, Supreme Court of India Co Chair: Hon’ble Shri Justice D.B. Bhosale, 44 Chief Justice, High Court of Judicature at Allahabad Speaker: Prof. (Dr.) M.P. Singh, Chancellor, Central University of Haryana 45 & Chair Professor, Centre for Comparative Law, National Law University, Delhi Summing up by the Chair 46 SESSION II: ALTERNATIVE DISPUTE MECHANISM- AN EFFECTIVE SOLUTION TOWARDS REDUCING PENDENCY Chair: Hon’ble Shri Justice Kurian Joseph, 53 Judge, Supreme Court of India Co Chair: Hon’ble Shri Justice A.M. Khanwilkar, 54 Judge, Supreme Court of India Speaker: Prof. (Dr.) Ranbir Singh, Vice Chancellor, 55 National Law University, Delhi Summing up by the Chair 57 7 Conference Proceedings of National Initiative to Reduce Pendency and Delay in Judicial System SESSION III: USE OF TECHNOLOGY – A POSSIBLE SOLUTION TO ADDRESS DELAY AND TO DELIVER SPEEDY JUSTICE Chair: Hon’ble Shri Justice Madan B. -
Notice of Motion for Presenting an Address to the President of India for the Removal of Mr
1 NOTICE OF MOTION FOR PRESENTING AN ADDRESS TO THE PRESIDENT OF INDIA FOR THE REMOVAL OF MR. JUSTICE DIPAK MISRA, CHIEF JUSTICE OF INDIA, UNDER ARTICLE 217 READ WITH 124 (4) OF THE CONSTITUTION OF INDIA THIS HOUSE RESOLVES that an address be presented to the President of India for the removal of Mr. Justice Dipak Misra, from the office of Chief Justice of India, for his following acts of misbehaviour, detailed in the Explanatory Note annexed herewith: I. The facts and circumstances relating to the Prasad Education Trust case, show prima facie evidence suggesting that Chief Justice Dipak Misra may have been involved in the conspiracy of paying illegal gratification in the case, which at least warrants a thorough investigation. II. That the Chief Justice Dipak Misra dealt on the administrative as well as judicial side, with a writ petition which sought an investigation into a matter in which he too was likely to fall within the scope of investigation since he had presided over every bench which had dealt with this case and passed orders in the case of Prasad Education Trust, and thus violated the first principle of the Code of Conduct for judges. III. That the Chief Justice Dipak Misra appears to have antedated an administrative order dated 6th November 2017 which amounts to a serious act of forgery/fabrication. IV. That Chief Justice Dipak Misra acquired land while he was an advocate, by giving an affidavit that was found to be false and despite the orders of the ADM cancelling the allotment in 1985, surrendered the said land only in 2012 after he was elevated to the Supreme Court. -
Sabarimala Temple Dedicated To
REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION REVIEW PETITION (CIVIL) NO. 3358/2018 IN WRIT PETITION (CIVIL) NO. 373/2006 KANTARU RAJEEVARU ….PETITIONER(S) VERSUS INDIAN YOUNG LAWYERS ASSOCIATION THR.ITS GENERAL SECRETARY AND ORS. …RESPONDENT(S) WITH R.P.(C) NO. 3359/2018 IN W.P.(C) NO. 373/2006; DIARY NO(S). 37946/2018 IN W.P.(C) NO. 373/2006; R.P.(C) NO. 3469/2018 IN W.P.(C) NO. 373/2006; DIARY NO(S). 38135/2018 IN W.P.(C) NO. 373/2006; DIARY NO(S). 38136/2018 IN W.P.(C) NO. 373/2006; R.P.(C) NO. 3449/2018 IN W.P.(C) NO. 373/2006 W.P.(C) NO. 1285/2018 R.P.(C) NO. 3470/2018 IN W.P.(C) NO. 373/2006 R.P.(C) NO. 3380/2018 IN W.P.(C) NO. 373/2006 R.P.(C) NO. 3379/2018 IN W.P.(C) NO. 373/2006 R.P.(C) NO. 3444/2018 IN W.P.(C) NO. 373/2006 R.P.(C) NO. 3462/2018 IN W.P.(C) NO. 373/2006 DIARY NO(S). 38764/2018 IN W.P.(C) NO.373/2006; DIARY NO(S). 38769/2018 IN W.P.(C) NO.373/2006; 1 DIARY NO(S). 38907/2018 IN W.P.(C) NO.373/2006; R.P.(C) NO. 3377/2018 IN W.P.(C) NO. 373/2006 DIARY NO(S). 39023/2018 IN W.P.(C) NO.373/2006; DIARY NO(S). 39135/2018 IN W.P.(C) NO.373/2006; DIARY NO(S). -
“Let Your Yes Be Yes”: Progressing Toward Female Ordination in the Mar Thoma Church Pushpa Samuel
“Let Your Yes Be Yes”: Progressing Toward Female Ordination in the Mar Thoma Church Pushpa Samuel A law is only effective if it is implemented, even as a church’s Cultural and Religious Overview of Patriarchy position on theological issues does not further its mission if there The cultural landscape of India has contributed to a perception is no corresponding practice. In 1986, the Mar Thoma Church of women as subservient to men, both in the home and society. officially stated that there is no theological barrier to ordaining Understanding the depth of this history helps to situate the slow both men and women to serve the church. However, there are change in the Mar Thoma Church in the centuries of India’s currently no ordained females within the global Mar Thoma struggle for gender equality. After Muslims established their Church. Why is there such a dissonance between doctrine and presence in India in the eighth century, there was a sharp decline praxis? To study this dissonance, it is important to compare in women’s education, and segregation (purdah) was introduced and contrast the Mar Thoma Church with the Roman Catholic Church and Church of South India (CSI), two other prominent to shield women from men.2 Purdah is not only physical segregation from males, but also concealment through clothing. churches in India that also have a global presence.1 Other Indian cultural restrictions toward women include widow The formation of the Catholic Church, the CSI Church, and the Mar Thoma Church has played a key role in the spread of burning (sati), child marriage, and female infanticide.3 Although Christianity in India, and each has a distinct view of women’s roles these practices have occurred in several other Asian countries, within the church, specifically concerning female ordination. -
Conference Booklet
MINISTRY OF EXTERNAL AFFAIRS Government of India Conference Booklet 2017 4-5 July 2017 u New Delhi CHARTING THE COURSE FOR INDIA-ASEAN RELATIONS FOR THE NEXT 25 YEARS 2017 Contents Message by Smt. Sushma Swaraj, Minister of External Affairs, India 3 Message by Smt. Preeti Saran, Secretary (East), Ministry of External Affairs, India 5 Message by Dr A. Didar Singh, General Secretary, FICCI 7 Message by Mr Sunjoy Joshi, Director, Observer Research Foundation 9 Introduction to the Delhi Dialogue 2017 12 Concept Note 17 Key Debates 24 Agenda for 2017 Delhi Dialogue 29 Speakers: Ministerial Session 39 Speakers: Business & Academic Sessions 51 Minister of External Affairs विदेश मं配셀 India भारत सुषमा स्वराज Sushma Swaraj Message am happy that the 9th edition of the Delhi Dialogue is being jointly hosted by the Ministry of External Affairs, Federation of Indian Chambers of Commerce & Industry and the Observer Research Foundation from July 4-5, 2017. On behalf Iof the Government of India, I extend a very warm welcome to all the participants. This year India and ASEAN celebrate 25 years of their Dialogue Partnership, 15 years of Summit Level interaction and 5 years of Strategic Partnership. Honouring the long standing friendship, the theme for this year’s Dialogue is aptly titled ‘Chart- ing the Course for India-ASEAN Relations for the Next 25 Years.’ At a time when the world is experiencing a number of complex challenges and transitions, consolidating and institutionalising old friendships is key to the growth and stability of our region. I am confident the different panels of the Delhi Dialogue will discuss the various dimensions of the theme and throw new light into the possible ways for India and ASEAN to move forward on common traditional and non-traditional challenges. -
Matters Under the Co-Operative Societies Act
SUPREME COURT OF INDIA [ IT WILL BE APPRECIATED IF THE LEARNED ADVOCATES ON RECORD DO NOT SEEK ADJOURNMENT IN THE MATTERS LISTED BEFORE ALL THE COURTS IN THE CAUSE LIST ] DAILY CAUSE LIST FOR DATED : 14-01-2020 CHIEF JUSTICE'S COURT HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE B.R. GAVAI HON'BLE MR. JUSTICE SURYA KANT (TIME : 10:30 AM) NOTE : Chronology is based on the date of initial filing. NOTE:- [ "REQUEST FOR " NOT TO DELETE A MATTER" AND ALL CIRCULATIONS (IF THE MATTERS ARE NOT ON BOARD FOR THE DAY) NEED NOT BE MENTIONED BEFORE THE BENCH. SUCH REQUEST BE HANDED OVER TO THE CONCERNED COURT MASTERS IN ADVANCE BEFORE 10.30 A.M. " ] SUPPLEMENTARY LIST REGULAR HEARING Petitioner/Respondent SNo. Case No. Petitioner / Respondent Advocate Election Matters - Matters under the Co-operative Societies Act 111 C.A. No. BOARD OF TRUSTEES OF THE SHIA COLLEGE AND SHAKIL AHMED SYED[P-1] 5420-5421/2017 THE SCHOOL AND OTHER CONNECTED III-A INSTITUTIONS AND ANR. Versus DR. SYED AKHTAR HASAN RIZVI . AND ORS. RAJAT SINGH[R-1], HARISH PANDEY[R-2], [R-3], [R-4], [R-5] IA No. 56934/2018 - EXEMPTION FROM FILING O.T. IA No. 56932/2018 - MODIFICATION 111. Connected KAYASTHA PATHSHALA PRAYAG AND ANR. ANAND VARMA[P-1] 1 C.A. No. 10975/2018 III-A Versus T.P. SINGH AND ORS. T. N. SINGH[R-1], HARISH PANDEY[R-2], TANMAYA AGARWAL[R-3], [R-4] NEW DELHI 13-01-2020 18:07:16 ADDITIONAL REGISTRAR SUPREME COURT OF INDIA [ IT WILL BE APPRECIATED IF THE LEARNED ADVOCATES ON RECORD DO NOT SEEK ADJOURNMENT IN THE MATTERS LISTED BEFORE ALL THE COURTS IN THE CAUSE LIST ] DAILY CAUSE LIST FOR DATED : 14-01-2020 COURT NO. -
Nabam Rebia & Bamang Felix V. Deputy Speaker, Arunachal Legislative
An Open Access Journal from The Law Brigade (Publishing) Group 380 NABAM REBIA & BAMANG FELIX V. DEPUTY SPEAKER, ARUNACHAL LEGISLATIVE ASSEMBLY Written by Shruti Shekhar 3rd Year, BBA LLB (Hons.), Symbiosis Law School, Pune The judgment given on the 13th July,2016 by the five judge constitution bench comprising of Justices J.S. Khehar, Dipak Misra, Madan B. Lokur, P.C. Ghose and N.V. Ramana. This is said to be one of the landmark judgments in the history of democratic India. It was one of the biggest blows to the BJP government when Supreme Court gave the judgment of restoring back Congress-led Nabam Tuki government in the state of Arunachal Pradesh. The five-judge constitution bench was passing orders after examination of constitutional schemes on the scope of discretionary powers of the Governor. The bench was essentially looking into constitutionality of State Governor J.P. Rajkhowa’s move to advance the Arunachal Assembly session, which eventually triggered a political crisis leading to the Congress-led Nabam Tuki government and proclamation of President’s rule in the State on January 26, 2016. Nabam Rebia is a politician from the Indian National Congress (INC) and a former member of the parliament representing Arunachal Pradesh in the Upper House of the Indian Parliament. Bamang Felix is an Indian politician from the state of Arunachal Pradesh. Felix was elected unopposed from the Nyapin seat in the 2014 Arunachal Pradesh Legislative Assembly election, standing as a People's Party of Arunachal candidate. ISSUES Whether message addressed by Governor, could extend to subjects on which message was addressed? JOURNAL OF LEGAL STUDIES AND RESEARCH Volume 4 Issue 4 August 2018 www.jlsr.thelawbrigade.com An Open Access Journal from The Law Brigade (Publishing) Group 381 1. -
Freedom of Religion and the Indian Supreme Court: The
FREEDOM OF RELIGION AND THE INDIAN SUPREME COURT: THE RELIGIOUS DENOMINATION AND ESSENTIAL PRACTICES TESTS A THESIS SUBMITTED TO THE GRADUATE DIVISION OF THE UNIVERSITY OF HAWAI‘I AT MĀNOA IN PARTIAL FULFILLMENT OF THE REQUIREMENTS FOR THE DEGREE OF MASTER OF ARTS IN RELIGION MAY 2019 By Coleman D. Williams Thesis Committee: Ramdas Lamb, Chairperson Helen Baroni Ned Bertz Abstract As a religiously diverse society and self-proclaimed secular state, India is an ideal setting to explore the complex and often controversial intersections between religion and law. The religious freedom clauses of the Indian Constitution allow for the state to regulate and restrict certain activities associated with religious practice. By interpreting the constitutional provisions for religious freedom, the judiciary plays an important role in determining the extent to which the state can lawfully regulate religious affairs. This thesis seeks to historicize the related development of two jurisprudential tests employed by the Supreme Court of India: the religious denomination test and the essential practices test. The religious denomination test gives the Court the authority to determine which groups constitute religious denominations, and therefore, qualify for legal protection. The essential practices test limits the constitutional protection of religious practices to those that are deemed ‘essential’ to the respective faith. From their origins in the 1950s up to their application in contemporary cases on religious freedom, these two tests have served to limit the scope of legal protection under the Constitution and legitimize the interventionist tendencies of the Indian state. Additionally, this thesis will discuss the principles behind the operation of the two tests, their most prominent criticisms, and the potential implications of the Court’s approach. -
BY the PEOPLE. for the PEOPLE. of the PEOPLE. | February 2020 | Vol
RIGHT IS MIGHT LEGAL MEDIA GROUP BY THE PEOPLE. FOR THE PEOPLE. OF THE PEOPLE. www.legaleraonline.com | February 2020 | Vol. X | Issue X | Pages 80 ` 100 | US $30 | £20 IBC – Revival Cyber Law Mergers & The Personal Data Or Recovery? Developments In 2019 Acquisitions - Thailand Protection Bill, 2019 Pg. 32 Pg. 36 Pg. 50 Pg. 54 Indian Legal Awards 2019-20 “Recognition of Legal Finesse, Innovation & Accomplishments” 7th March 2020 at Hotel Taj Lands End, Mumbai, India 9th Annual Indian Legal Awards 2019-20 www.legaleraawards.com An Initiative By For Enquiries, Please Contact: Shruti Singh |+91-8879635571 | [email protected] Ashwini Shah |+91-8879634922 | [email protected] Cerino D’souza |+91-8879635574 | [email protected] www.legaleraonline.com CREDITS Chairman & Editor-in-Chief Ashok Kumar Raizada Founder & Managing Editor Newsletter & Website Aakriti Raizada Make our newsletter your daily dose of national Director and international legal news. Our website keeps Vishal Sharma abreast with all the latest updates you need to Honorary & Advisory Board know about the legal fraternity. Justice Dipak Misra Justice Arjan Kumar Dr. Lalit Bhasin Amarjit Singh Former Chief Justice Sikri President Chandhiok Of India Former Judge Bar Association of Senior Advocate & Supreme Court of India India & SILF President INSOL India Rafique Dada Janak Dwarkadas Darius Khambata Senior Advocate Senior Advocate Senior Advocate Bombay High Court Bombay High Court Bombay High Court Consulting Editors Robert Wyld Partner, Johnson Winter & Slattery, Sydney, Australia -
BENNETT JOURNAL of LEGAL STUDIES an Annual Journal Published by the School of Law, Bennett University, Greater Noida BENNETT Volume 2 Issue I February 2021
V olume 2 Issue I BENNETT JOURNAL OF LEGAL STUDIES An Annual Journal published by the School of Law, Bennett University, Greater Noida BENNETT Volume 2 Issue I February 2021 JOURNAL SCHOOL OF LAW OF LEGAL STUDIES February 2021 Plot Nos 8-11, TechZone II, Greater Noida 201310 Uttar Pradesh, India. 1800-103-8484 [email protected] BENNETT JOURNAL OF LEGAL STUDIES |Volume 2 | Issue 1 | February 2021 Special Issue : COVID-19 and Justice Delivery System : Challenges and Way Forward PATRON Prof. (Dr.) Nuzhat Parveen Khan Dean, School of Law, Bennett University EDITOR-IN-CHIEF Prof. (Dr.) M. Sridhar Acharyulu Professor, School of Law, Bennett University EDITORIAL BOARD Dr. Garima Tiwari Dr. Suvir Kapur Assistant Professor, Assistant Professor, School of Law, Bennett University School of Law, Bennett University Dr. Manjula Rani Mallepalli, Mr. Jacob George Panickasseril Associate Professor, Assistant Professor, School of Law, Bennett University School of Law, Bennett University STUDENT EDITORIAL BOARD Rahul Kumar, IV Year, BBALLB (Hons), School of Law, Bennett University Ayush Srivastava, IV Year, BBALLB (Hons), School of Law, Bennett University Bhavya Bose, III Year, BALLB (Hons)School of Law, Bennett University Priscilla Samuel, III Year, BALLB (Hons), School of Law, Bennett University Published by THE REGISTRAR BENNETT UNIVERSITY Plot Nos. 8-11, Tech Zone II, Greater Noida, 101310, Uttar Pradesh, India. COPYRIGHT POLICY The contribution accepted for publication and the copyright therein shall remain jointly with the contributor and BJLS. Any person desiring to use the BJLS’s material for education purposes, research or private study can do so with the prior written permission of the publisher i.e. -
Detailed Report on Internet Shutdowns
Living in Digital Darkness: A Handbook on Internet Shutdowns in India © Copyright 2018 SFLC.in. Licensed under Creative Commons BY SA NC 4.0 Design: Published by: SFLC.in Printed by: SFLC.in K9, 2nd Floor, Birbal Road Jangpura Extension New Delhi – 14 India Email: [email protected] Website: https://www.sflc.in Twitter: @SFLCin Table of contents List of abbreviations...............................................................................................................................................................i List of statutes...................................................................................................................................................................................ii 1. INTRODUCTION ...................................................................................................................................................................................1 1. Scope ................................................................................................................................................................................................................2 2. Methodology .............................................................................................................................................................................................2 2. UNDERSTANDING INTERNET SHUTDOWNS................................................................................................4 1. What are Internet shutdowns?............................................................................................................................................