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LAW AND CONSTITUTIONAL AFFAIRS - September 2022

Sep 2022

Apr 28, 2023

Madras High Court Tells Courts Not to Use Wikipedia as Source for Legal Dispute Resolution

  • The Madras High Court directed the courts to refrain from using crowd-sourced websites such as Wikipedia in legal dispute resolution.
  • Setting aside an NIA Court order, which rejected the discharge plea of a man booked under the Unlawful Activities (Prevention) Act, the Division Bench of Justice M. Sundar and Justice Nirmal Kumar quoted the Supreme Court verdict in the Acer India case and Hewlett Packard case, wherein the Apex Court had cautioned against the courts using sources like Wikipedia in legal dispute resolution.
  • It said that the Apex Court had put in a caveat and caution against use of such sources (Wikipedia) in legal dispute resolution.

Apr 25, 2023

CJI Chandrachud Inaugurates New Judges Library at Supreme Court

  •  The Chief Justice of India Justice D. Y. Chandrachud, formally made the New Judges library in the Additional Building Complex of the Supreme Court functional.
  • The Chief Justice of India also inaugurated the Soli Sorabjee's Bibliotheca by unveiling his portrait in the library.
  • The new library has four floors, which includes the circulation section, reference section, information management section, legal research and legislation section and acquisition section.
  • As per the available data, the total books and reference material in the library is about 3,77,000 out of which 2,40,000 are placed in the new library.
  • It is important to note that the library also has a huge collection of legal commentaries, law reports, biographies and general books, along with a Judges Lounge and a Judges Conference Room.
  • To commemorate the 50 years of the Kesavananda Bharati judgement, the Chief Justice of India has also released a webpage dedicated to the judgement. This occasion was graced by Judges of the Supreme Court, along with senior officials of the Registry.

Supreme Court Says Courts Should Not Interfere with Arbitral Proceedings Till an Award is Passed

  •  The Supreme Court has said that the courts usually should not interfere with the arbitral proceedings, especially till the time an award is not passed.
  • The top court disapproved the practice of filing applications in disposed of Special Leave Petitions (SLPs) for side stepping the arbitration process, and added that the said applications must not be entertained by the court.
  • The bench comprising of Justice Krishna Murari and Justice Sanjay Karol was dealing with an application filed in an SLP disposed of by the court by referring the parties to arbitration under an MoU executed between them.

Apr 22, 2023

Collegium Proposes Justice Gangapurwala as Chief Justice of Madras High Court

  • With the government yet to act on its September 22, 2022, proposal to transfer Orissa High Court Chief Justice S. Muralidhar to Madras, the Supreme Court Collegium recalled the same and instead recommended that Acting Chief Justice of Bombay High Court Justice Sanjay V. Gangapurwala as Chief Justice of Madras High Court.

Apr 21, 2023

Supreme Court Directs all High Courts to Set Up Committees to Address Grievances of Lawyers

  • The Supreme Court asked all High Courts across the country to constitute redressal committees, in order to address the genuine grievances of the lawyers.
  • The order was passed by the Bench of Justice M.R. Shah and Justice Ahsanuddin Amanullah on a suo motu case regarding rampant strikes in bar associations across the country leading to massive disruption of the court's work.
  • Noting that it was important to have an appropriate forum to 'ventilate' their genuine grievances, the Apex Court ruled that no member of the Bar should go on a strike and abstain from work.
  • As per the top court of the country, the committee would comprise of the Chief Justice and two other senior judges, one from the Bar and another from services.

Apr 20, 2023

Supreme Court Sets aside Bombay High Court Order Acquitting G. N. Saibaba

  •  The Supreme Court set aside the Bombay High Court order that acquitted former Delhi University professor and activist G. N. Saibaba as well as others, who were arrested under the Unlawful Activities (Prevention) Act, 1967, for their alleged links with the maoists.
  • The Bench headed by Justice M. R. Shah passed the orders on a petition filed by the Maharashtra government, challenging the Bombay High Court's decision to allow appeals against the conviction and life sentence of Saibaba and five others.
  • Remitting the case back to the High Court, the Apex Court directed it to decide on the appeals afresh in accordance with law and on its own merits, including the question of sanction, within four months.

SC Recommends Justice M. S. Ramachandra Rao as Chief Justice of Himachal High Court

  •  The Supreme Court collegium recommended the name of senior-most Judge of the Punjab and Haryana High Court, Justice Augustine George Masih, for appointment as the Chief Justice of the Rajasthan High Court.
  • Another Judge of the Punjab and Haryana High Court, Justice M. S. Ramachandra Rao was recommended for appointment as the Chief Justice of the Himachal Pradesh High Court.
  • Born in March 1963, at Ropar, Justice Masih was sworn in as an Additional Judge of Punjab and Haryana High Court on July 10, 2008, and as a Permanent Judge on January 14, 2011.
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