Indian Judiciary

Last week former Supreme Court judge Justice M.R. Shah refused to recuse himself from hearing a plea by former Indian Police Service (IPS) officer Sanjiv Bhatt to submit additional evidence to back his Gujarat High Court appeal against his conviction in a 1990 custodial death case. Bhatt contended that there was a …

The Supreme Court has held that the independence of district judiciary is part of the basic structure of the Constitution and judicial independence from the executive and the legislature requires the judiciary to have a say in matters of finances. “The independence of the district judiciary must also be equally …

NCLAT was constituted in 2016 under Section 410 of the Companies Act, 2013 for hearing appeals against the orders of National Company Law Tribunal(s) (NCLT). It is a is a quasi-judicial body that adjudicates issues relating to Indian companies. NCLAT is also the Appellate Tribunal for hearing appeals against: Orders passed by NCLT(s) under Section 61 of the Insolvency …

The Supreme Court upheld The Prevention of Cruelty to Animals (Tamil Nadu Amendment) Act of 2017 and Prevention of Cruelty to Animals (Conduct of Jallikattu) Rules of 2017. A five-judge constitutional bench of the Supreme Court upheld the amendments made by Tamil Nadu, Maharashtra and Karnataka to ‘The Prevention of Cruelty to Animals (PCA) …

The Supreme Court directed lower courts to decide pending default bail applications without relying on its own recent judgment. A judgment of the Supreme Court is considered the law of the land. Article 141 of the Constitution provides that the law declared by the Supreme Court shall be binding on all courts within India. The recent judgment in Ritu …

Indian courts are jammed with cases and are seeing pendency increase by the day and they are also functioning with fewer judges than the sanctioned number, the India Justice Report (IJR), 2022 said. The India Justice Report is a collaborative effort undertaken in partnership with DAKSH, Commonwealth Human Rights Initiative, Common Cause, Centre for Social Justice, Vidhi Centre for …

Keeping in view the zero tolerance policy against terrorism, the Central Government regularly reviews administrative and legal requirements of National Investigation Agency (NIA). What is the NIA? The agency came into existence in 2008 in the wake of the 26/11 Mumbai terror attack. It is a central agency mandated to investigate all the offences affecting: the sovereignty, security and integrity …

The Insurance Regulatory and Development Authority of India (IRDAI) has lifted limits on the payment of commissions to insurance intermediaries. The new rules: IRDAI has asked insurance companies, including life and non-life, to fix an overall cap on commission to agents, brokers and other intermediaries, giving more flexibility to insurers in managing their expenses. This means …

The Bar Council of India (BCI) has allowed foreign lawyers and law firms to practise in India. According to the Advocates Act, advocates enrolled with the Bar Council alone are entitled to practise law in India. All others, such as a litigant, can appear only with the permission of the court, authority or person before whom the proceedings are …

The Supreme Court agreed to hear a petition filed by the Karnataka Lokayukta challenging a Karnataka High Court order granting pre-arrest bail to a BJP MLA. Procuring the release of a person from legal custody, by undertaking that he shall appear at the time and place designated and submit himself to the …