Rules For Listing Violated In Many Cases In Supreme Court : Prashant Bhushan
9 months, 3 weeks ago

Rules For Listing Violated In Many Cases In Supreme Court : Prashant Bhushan

Live Law  

Speaking during the seminar hosted by Campaign for Judicial Accountability and Reforms at the Indian Society of International Law, New Delhi, Advocate-on-Record and CJAR Convener Prashant Bhushan recently voiced an opinion that even though Master of Roster power is stated to be subject to certain rules which even Chief Justice of India cannot violate, the same are being routinely. Speaking during the seminar hosted by Campaign for Judicial Accountability and Reforms at the Indian Society of International Law, New Delhi, Advocate-on-Record and CJAR Convener Prashant Bhushan recently voiced an opinion that even though Master of Roster power is stated to be subject to certain rules which even Chief Justice of India cannot violate, the same are being routinely violated in listing and allocation of cases. Abuse of Master of Roster power Recalling the 2018 conference by 4 judges of the top Court, complaining about "misuse of power" by the then Chief Justice, he claimed that it was not merely politically "sensitive cases" which were being assigned in a particular manner, but also cases involving judges themselves. sometimes if the Senior judge has retired after issuing notice, you don't know where to mention it.it says that you have to mention it only before the Chief Justice.if there is a clear quorum with the Senior Judge being there, then yes you can mention it before that particular Bench.but otherwise you have to mention it before the Chief Justice.the Chief Justice is often sitting in a Constitution Bench and he hears no mentioning while he's sitting in a Constitution Bench.so sometimes fresh urgent matters just cannot be listed.I find this quite amazing that there are several days sequentially when the Chief Justice is in a Constitution Bench and the matter just can't be listed".

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History of this topic

“Take it in your stride”: CJI Khanna firm on administrative listing decisions
1 week, 4 days ago

“Take it in your stride”: CJI Khanna firm on administrative listing decisions

Hindustan Times  

Chief Justice of India Sanjiv Khanna on Thursday firmly discouraged oral mentions for case listings in the Supreme Court, urging lawyers to respect decisions made by him in his administrative capacity as the “master of the roster”. Addressing lawyers seeking dates for their cases during a crowded court session, justice Khanna remarked: “We will not allow oral mentioning. Justice Khanna’s …

'Don't Dig Up Ghosts, Be Sensitive About Judiciary': Supreme Court In PIL Against Ex-Andhra CM Jagan Over Remarks On Justice Ramana
3 weeks, 1 day ago

'Don't Dig Up Ghosts, Be Sensitive About Judiciary': Supreme Court In PIL Against Ex-Andhra CM Jagan Over Remarks On Justice Ramana

Live Law  

While hearing a PIL filed against ex-Andhra Chief Minister YS Jagan Mohan Reddy over his allegations of impropriety against former Chief Justice of India NV Ramana, the Supreme Court today remarked that people should be sensitive atleast towards the judiciary. In the context of the main matter, Justice Kant posed to the petitioner's counsel, "who has advised you to unnecessarily …

Judicial Orders Mandating Incarceration- Recent Trend Of Imposition Of Restriction On Filing A Subsequent Bail Petition
3 weeks, 4 days ago

Judicial Orders Mandating Incarceration- Recent Trend Of Imposition Of Restriction On Filing A Subsequent Bail Petition

Live Law  

The fixing of time for concluding the trial and renewing the Bail application after a certain time became a generally inevitable part of criminal jurisprudence of the High Courts of India and the Supreme Court while deciding Regular Bail Petitions. To de-valuing of clean hand of the accused, facts, circumstance and stage of the case and fixing time for subsequent …

All judges equal for us, CJI tells lawyers over arbitrary listing allegations
1 year ago

All judges equal for us, CJI tells lawyers over arbitrary listing allegations

Hindustan Times  

In his first rejoinder to the charges levelled by a group of lawyers claiming arbitrary change in listing of select matters in the Supreme Court, Chief Justice of India Dhananjaya Y Chandrachud called it “surprising” that some lawyers want their cases to be listed before specific judges and not before some others although all judges are to be treated equal …

Case on delays in appointments of judges missing from causelist
1 year ago

Case on delays in appointments of judges missing from causelist

The Hindu  

Petitions against delays by the government and its “pick-and-choose policy” in judicial appointments and transfers were not listed on Tuesday before Justice Sanjay Kishan Kaul despite a specific direction from the Bench in the last hearing on November 20. On November 20, the Bench highlighted how the Collegium’s recommendation to transfer judges, including four from the Gujarat High Court, were …

Supreme Court Weekly Round-Up: July 10 To 16 July 2023
1 year, 5 months ago

Supreme Court Weekly Round-Up: July 10 To 16 July 2023

Live Law  

Gurugram Prime Plot 'Sold' Through Fake GPA: Supreme Court Forms SIT To Probe Land Scam; Questions Role Of Sub-Registrar's Office Case title: Pratibha Manchanda And Anr. Supreme Court Issues Notice To CBI, ED On Manish Sisodia's Bail Pleas In Delhi Liquor Policy Scam Case Case title: Manish Sisodia v. Central Bureau of Investigation Citation: Special Leave Petition No. Supreme Court …

Supreme Court Judge Justice Sanjay Karol Recuses From Hearing Bihar Govt's Challenge Against HC Staying Caste Survey
1 year, 7 months ago

Supreme Court Judge Justice Sanjay Karol Recuses From Hearing Bihar Govt's Challenge Against HC Staying Caste Survey

Live Law  

Supreme Court judge Justice Sanjay Karol on Wednesday recused from hearing the petition filed by State of Bihar challenging the interim order of the Patna High Court staying Bihar Government’s decision to conduct a caste-based survey in the State. Justice Karol, who was the Chief Justice of Patna High Court before his elevation to the Supreme Court on February 6, …

Supreme Court Weekly Round Up (20th March 2023-26th March 2023)
1 year, 8 months ago

Supreme Court Weekly Round Up (20th March 2023-26th March 2023)

Live Law  

Judgements/Orders Case title - Neeraj Dutta v. State Citation : 2023 LiveLaw 211 The Supreme Court recently observed that the Constitution Bench ruling that direct evidence of demand or acceptance of bribe is not necessary for a conviction under the Prevention of Corruption Act 1988 does not dilute the requirement of proof beyond reasonable doubt. Case Title: Orissa Administrative Tribunal …

‘Collegium Can Reconsider Its Recommendation On Genuine & Honest Grounds’: Former Supreme Court Judge Indira Banerjee
1 year, 10 months ago

‘Collegium Can Reconsider Its Recommendation On Genuine & Honest Grounds’: Former Supreme Court Judge Indira Banerjee

Live Law  

There is no reason why the recommendations of a collegium cannot be reconsidered, if, on the basis of material on record, it has doubts regarding the correctness of the decision, said former Supreme Court judge, Indira Banerjee. Also on the panel were former Patna High Court judge, Anjana Prakash, Senior Advocate Sriram Panchu, transparency activist Anjali Bharadwaj and Advocate Prashant …

Supreme Court Weekly Roundup [November 21 - November 27]
2 years ago

Supreme Court Weekly Roundup [November 21 - November 27]

Live Law  

Presumption Under Section 139 NI Act Includes A Presumption That There Exists A Legally Enforceable Debt Or Liability : Supreme Court Jain P. Jose vs Santhosh | 2022 LiveLaw 979 | SLP 5241 OF 2016 The Supreme Court reiterated that the presumption under Section 139 of Negotiable Instruments Act includes a presumption that there exists a legally enforceable debt or …

A crucial push for civil liberty
2 years, 1 month ago

A crucial push for civil liberty

Hindustan Times  

In a democracy, the judiciary performs several functions. Therefore, Chief Justice of India Dhananjaya Y Chandrachud’s decision last week to prioritise matters of personal liberty and grant immediate hearing to petitions asking for bail is a laudable step. Justice Chandrachud said a full court meeting adopted a resolution to hear 10 bail matters and 10 transfer petitions each day of …

The Ghost Of Supersession
2 years, 2 months ago

The Ghost Of Supersession

Live Law  

It was the late 2000s. The conflict between the judiciary and the executive headed by India's first Prime Minister Pandit Jawaharlal Nehru commenced almost immediately after the adoption of the Constitution. In quick succession, the Supreme Court in Dwarakadas Shrinivas v. Sholapur Spinning and Weaving Co. Ltd. set aside the takeover of a mill without paying compensation for having violated …

Will Devise A New Mechanism For Mentioning Of Cases By Sep 1 : CJI UU Lalit
2 years, 3 months ago

Will Devise A New Mechanism For Mentioning Of Cases By Sep 1 : CJI UU Lalit

Live Law  

The Chief Justice of India U.U. Lalit, on Monday, clarified that the Supreme Court was devising a new mechanism for the listing of matters. After Solicitor General, Tushar Mehta enquired if the advocates could mention matters before the bench, CJI Lalit stated that a mechanism for listing would be prepared by Thursday. The issue of listing matters was earlier flagged …

Hours after taking over as CJI, Justice Lalit holds meeting over process of listing cases
2 years, 3 months ago

Hours after taking over as CJI, Justice Lalit holds meeting over process of listing cases

India Today  

Hours after taking over as the 49th Chief Justice of India, Justice Uday Umesh Lalit reached the Supreme Court to convene meetings with judges and registry officials to streamline the process of listing of cases. CJI Lalit reached the Supreme Court after the swearing-in ceremony at Rashtrapati Bhavan, where he first completed some paperwork formalities and then quickly called a …

Pendency of court cases 'huge challenge': Chief Justice N. V. Ramana
2 years, 3 months ago

Pendency of court cases 'huge challenge': Chief Justice N. V. Ramana

The Hindu  

Terming pendency of cases a "huge challenge", Chief Justice of India N. V. Ramana on August 26 expressed regret for not being able to pay much attention to issues of listing and posting of matters for hearing in the Supreme Court. Attorney General K. K. Venugopal said 224 vacancies in the High Court were filed up and over 100 members …

Supreme Court Lists 25 Constitution Bench Matters From August 29, After Justice Lalit Takes Over As CJI
2 years, 4 months ago

Supreme Court Lists 25 Constitution Bench Matters From August 29, After Justice Lalit Takes Over As CJI

Live Law  

From August 29 onwards, 25 five-judge matters will be listed before concerned benches.The matters are not listed for substantive hearing but for directions related to the completion of filings, indication of tentative time to be taken by lawyers for arguments etc.The cases include the challenge to the Constitution, 25 five-judge matters will be listed before concerned benches. The matters are …

Supreme Court Seeks Patna High Court's Response To Suggestions To Reduce Pendency Of Bihar Prohibition Act Cases
2 years, 9 months ago

Supreme Court Seeks Patna High Court's Response To Suggestions To Reduce Pendency Of Bihar Prohibition Act Cases

Live Law  

The Supreme Court, while dealing with a writ petition relating to the delayed listing of a bail application in the Patna High Court, has asked the High Court to consider the feasibility of implementing suggestions made to reduce the pendency of the cases under the Bihar Prohibition and Excise Act. On 25-10-2021, the Supreme Court while issuing notice to the …

Supreme Court reiterates limits of legislative privileges while disallowing Kerala’s plea
3 years, 4 months ago

Supreme Court reiterates limits of legislative privileges while disallowing Kerala’s plea

The Hindu  

The Left Democratic Front government in Kerala faced an embarrassing setback on July 28 when the Supreme Court ruled against its appeal to withdraw the criminal prosecution case against six former LDF legislators accused of destruction of property and vandalism in the State Assembly on March 13, 2015. The Supreme Court also disallowed the government’s appeal and reaffirmed that legislators …

Supreme Court Stays FIRs Registered In 5 States Against Actor Munmun Dutta Over 'Bhangi' Remark
3 years, 6 months ago

Supreme Court Stays FIRs Registered In 5 States Against Actor Munmun Dutta Over 'Bhangi' Remark

Live Law  

The Supreme Court on Friday stayed the investigation in the FIRs registered in 5 states against actor Munmun Dutta in several parts of the country over a 'Bhangi' remark, a casteist slur, made by her in a video posted in social media.A vacation bench comprising Justices Hemant Gupta and V Ramasubramanian also issued notice on her prayer to club the …

'We Find It Disturbing' : Supreme Court Stays Andhra High Court's Attempt To Examine 'Constitutional Breakdown' In AP
4 years ago

'We Find It Disturbing' : Supreme Court Stays Andhra High Court's Attempt To Examine 'Constitutional Breakdown' In AP

Live Law  

The Supreme Court on Friday stayed the order of the Andhra Pradesh High Court whereby it had decided to examine if there is a "constitutional breakdown" in the State of AP. The development comes after a High Court Division Bench led by Justice Rakesh Kumar rejected an application filed by the State Government seeking recall of the said order. "I'm …

SC Issues Notice To Attorney General On Plea Challenging Bail Condition Imposed On Accused Requesting Victim To Tie Him A Rakhi
4 years, 2 months ago

SC Issues Notice To Attorney General On Plea Challenging Bail Condition Imposed On Accused Requesting Victim To Tie Him A Rakhi

Live Law  

The Supreme Court on Friday issued notice to the Attorney General on a plea challenging a Bail Condition, imposed upon an accused by Madhya Pradesh HC, of getting Rakhi tied by the Complainant, who had levelled Charges of Outraging her Modesty against him.A bench of Justices AM Khanwilkar & BR Gavai said that since the plea was seeking a general …

[Breaking] SC Sentences Prashant Bhushan To A Fine Of Rupee One In The Contempt Case Over His Two Tweets [Read Judgment]
4 years, 3 months ago

[Breaking] SC Sentences Prashant Bhushan To A Fine Of Rupee One In The Contempt Case Over His Two Tweets [Read Judgment]

Live Law  

In the contempt case taken by the Supreme Court against Prashant Bhushan for his two tweets, a bench headed by Justice Arun Mishra on Monday sentenced him to pay a fine of Rupee One, which is to be deposited with the Supreme Court Registry within September 15.In case of default to deposit, Bhushan will have to undergo imprisonment for three …

Bar Council supports Supreme Court ruling against Prashant Bhushan
4 years, 4 months ago

Bar Council supports Supreme Court ruling against Prashant Bhushan

The Hindu  

The Bar Council of Maharashtra and Goa passed a resolution on Wednesday supporting the Supreme Court’s judgment against Prashant Bhushan holding him in contempt for his tweets made against the Chief Justice of India, S.A. Bobde. The actions of these institutional disruptors through name calling and usage of certain phrases such as ‘Supreme Court has destroyed democracy’, the ‘Supreme Court …

More than 700 Lawyers Write to Chief Justice, Raise Concern over Trend to 'Browbeat Judiciary'
4 years, 4 months ago

More than 700 Lawyers Write to Chief Justice, Raise Concern over Trend to 'Browbeat Judiciary'

News 18  

More than 700 lawyers from across India have written to Chief Justice of India SA Bobde criticising the "recent trend of browbeating and intimidating the judiciary". Referring to "institutional disruptors", the signatories said the foundation of the judiciary is the confidence of the people in its ability to deliver justice. "The actions of these institutional disruptors through name calling and …

SC Registry Officials in Dock for Listing Prashant Bhushan's Case Before a Different Bench
4 years, 4 months ago

SC Registry Officials in Dock for Listing Prashant Bhushan's Case Before a Different Bench

News 18  

Some officials of the Supreme Court registry are in the dock for listing a petition filed jointly by Prashant Bhushan, N Ram and Arun Shourie before a different bench when similar matters were already being heard by Justice Arun Mishra-led composition. The petition, filed by lawyer Bhushan along with noted journalist N Ram and former Union minister Arun Shourie, has …

'Why Only Certain Judges Get Politically Sensitive Matters?' : Dave Raises Points Of Criticism Against SC In Prashant Bhushan Contempt Case
4 years, 4 months ago

'Why Only Certain Judges Get Politically Sensitive Matters?' : Dave Raises Points Of Criticism Against SC In Prashant Bhushan Contempt Case

Live Law  

Gripping arguments ensued on Wednesday in the 3-hour long hearing in the Supreme Court in the contempt case against Advocate Prashant Bhushan for his tweets about Chief Justice SA Bobde and the Judiciary before Supreme Court.A bench of Justices Arun Mishra, BR Gavai & Krishna Murari heard Senior Advocate Dushyant Dave who appeared for Bhushan in the case. Gripping arguments …

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