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LAW AND CONSTITUTIONAL AFFAIRS - September 2022

Sep 2022

Apr 03, 2023

Supreme Court Gives Nod to Revised Guidelines for Law Clerks Working on Short-term Contractual As...

  • The Supreme Court gave its approval to revised guidelines for engaging law clerk-cum-research associates on short-term contractual assignments in the Apex Court.
  • As for the engagement concerned, these law clerks will be engaged on a short-term contractual assignment which shall begin after the Court reopens post summer vacation and would conclude by the end of the following year's summer vacation.
  • It is, however, important to note that the term can be extended for the next year on the satisfaction and approval of the Judge with whom the law clerk is attached or the senior-most Judge of the Committee of Judges on Law Clerks.

Apr 02, 2023

Justice T. S. Sivagnanam Appointed as Acting Chief Justice of Calcutta HC

  • Justice T. S. Sivagnanam was appointed as the acting Chief Justice of the Calcutta High Court as incumbent Chief Justice, Justice Prakash Shrivastava demitted office.
  • The Supreme Court Collegium had in February recommended the appointment of Justice Sivagnanam as Chief Justice of the Calcutta High Court, and not Acting Chief Justice.
  • Justice Sivagnanam completed his B.Sc. at Loyola College, Chennai and B.L. from Madras Law College. He enrolled in the Bar Council of Tamil Nadu in September 1986. He was appointed as an additional judge of the Madras High Court in March 2009 and was made permanent two years later. He was transferred to Calcutta High Court on October 25, 2021.

Supreme Court States Section 37 NDPS Act should not be Interpreted Literally

  • The Supreme Court held that despite the stringent conditions provided under Section 37, the undue delay in trial can always be a ground for granting bail to an accused who had been charged under the Narcotics Drugs and Psychotropic Substances Act 1985 (NDPS Act).
  • The Court as per Section 37 NDPS Act, can grant bail to the accused person only after being satisfied that there are reasonable grounds for believing that he is not guilty of such offence and that he is not likely to commit any offence while on bail.

Apr 01, 2023

CJI Chandrachud Disapproves Plea Seeking Exemption for Female Lawyers from E-filing

  • In a plea filed by the Madhya Pradesh High Court Bar Association, the Supreme Court affirmed mandatory e-filing in Debts Recovery Tribunals (DRTs) and Debts Recovery Appellate Tribunals (DRATs).
  • The bench comprising CJI D. Y. Chandrachud, Justice P. S. Narasimha and Justice J. B. Pardiwala expressed their disapproval of presumption in the plea that women practitioners would need an exemption to the rule of mandatory e-filing.
  • The plea challenged the notification issued by the Ministry of Finance, which amended Rule 3 of the Debts Recovery Tribunals and Debts Recovery Appellate Tribunals Electronic Filing (Amendment) Rules, 2023.

Mar 31, 2023

Allahabad High Court Says Provisions of JJ Act do not Give Power to Decide Disputed Matters, Allo...

  • The Allahabad High Court while allowing the petition said that the Provisions of JJ Act does not give power to decide contested and disputed matters pertaining to custody, while it can only as an interim measure, pass appropriate orders in the welfare of children.
  • A single Bench of Justice Alok Mathur passed this order while hearing a petition filed by Smt Shivani Singh.

Mar 28, 2023

Madhya Pradesh High Court Orders Contempt of Court Case against State Bar Council Chairman and Me...

  • The Madhya Pradesh High Court issued a show cause notice to the chairman, Prem Singh Bhadoria, of the State Bar Council and all the other elected member of the State Bar Council asking for an explanation why should there be no criminal contempt of court proceedings against them for compelling lawyers to abstain from judicial work.
  • The single-judge Justice Atul Sreedharan said that the strike which was called by the chairman and the elected members of the State Bar Council was violation and defiance of the order passed by the High Court on March 24 in a suo motu case initiated by the Court in wake of the strike.
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