Showing posts from October, 2018

Now Bar Council ID Card Is Valid Identity Proof For Train Journey As Railway Issues Circular Following Landmark Kerala HC Judgment

To begin with, it has to be appreciated and applauded in the right earnest that in a latest landmark judgment in W.P.(C) No. 35073 of 2014 delivered recently on August 8, the High Court of Kerala has in a historic move directed the Indian Railways to treat identity cards issued to lawyers by respective Bar Councils as a valid identity proof to undertake a train journey/travel. The court also asked the authorities concerned in the railways to issue appropriate orders notifying the above as expeditiously as possible. The railways have done accordingly by issuing a Circular and from now onwards the Bar Council ID Card is valid proof of identity for train journey as railways issues circular following landmark Kerala High Court judgment.
                                        To be sure, the Circular issued by Joint Director Passenger Marketing of Railway Board following the judgment states that, “In pursuance of the judgment of the High Court of Kerala in W.P. (C) No. 35703 of 2014 the ma…

SC Sets Deadline On Sale Of BS-IV Vehicles; Says Health Of TeemingMillions Will Have To Take Precedence Over Greed Of A Few Auto Makers

It has to be stated right at the outset that in a landmark and laudable judgment titled MC Mehta v Union of India & Ors (In Re: Recommendation Nos. 2.2.1 and 2.2.2 of Report Nos. 71 and 78 submitted by EPCA) in Writ Petition (Civil) No. 13029 of 1985 authored by Justice Deepak Gupta for a three-Judge Bench of the Supreme Court comprising of Justice Gupta himself, Justice Madan B Lokur and Justice S Abdul Nazeer while holding clearly and convincingly that Bharat Stage IV-compliant vehicles should not be permitted to be sold in India after 31.03.2020 has commendably and categorically observed that health of the teeming millions of this country will have to take precedence over the greed of a few automobile manufacturers. It was rightly held that, “Even a day’s delay in enforcing BS-VI norms is going to harm the health of the people.” It is bound to have far reaching and significant consequences which shall directly impact each and every citizen of India!

SC Refuses Complete Ban On Sale of Firecrackers; Online Sale Banned; Duration For Bursting Crackers Fixed

It has to be exclaimed with exuberance right at the outset that in a landmark judgment titled Arjun Gopal and others v Union of India and others in Writ Petition (Civil) No. 728 of 2015 with Writ Petition (Civil) No. 891 of 2016, Writ Petition (Civil) No. 895 of 2016, Writ Petition (Civil) No. 899 of 2016  and Writ Petition (Civil) No. 213 of 2017 delivered on October 23, 2018, the Supreme Court has passed a string of landmark directions which are certainly laudable and deserves to be implemented in totality. This landmark judgment was authored by Justice AK Sikri for himself and Justice Ashok Bhushan. No doubt, this landmark judgment will go a long way in ensuring that the environment is not slaughtered mercilessly by polluting it mercilessly!                              Needless to say, this landmark judgment gets going by first and foremost pointing out that, “Writ Petition (Civil) No. 728 of 2015 was filed on September 24, 2015 on behalf of three infants, who are made petitioners …

Devotion Cannot Be Subjected To Gender Discrimination, SC Allows Women Entry In Sabarimala By 4:1 Majority

It has to be exclaimed right at the start with considerable degree of satisfaction that in one of the most landmark judgment that Supreme Court which is the highest court in India has delivered since independence which has garnered not just national headlines but also international headlines, the Apex Court on September 28, 2018 in Indian Young Lawyers Association & Ors v The State of Kerala & Ors in Writ Petition (Civil) No. 373 of 2006 by a 4:1 majority in one of the most keenly awaited judgment has very laudably permitted entry of women of all age groups to the Sabarimala temple, holding that ‘devotion cannot be subjected to gender discrimination’. It is one of the most progressive and path breaking judgment that we have witnessed in last many decades just like in the Shayara Bano case where Supreme Court not long time back had upheld triple talaq as unconstitutional! Very rightly so!
                                   Be it noted, the lone women in the Bench, Justice Indu M…

There Cannot Be Any Mechanical Denial Of Appointment In Judicial Service On The Ground Of Moral Turpitude: SC

In a striking departure from the past, a three-Judge Bench of the Supreme Court comprising of Justice Kurian Joseph, Justice Sanjay Kishan Kaul and Justice Navin Sinha in a landmark judgment titled Mohammed Imran v State of Maharashtra and others in Civil Appeal No(s). 10571 of 2018 (arising out of SLP(C) No. 6599 of 2018) delivered on October 12, 2018 has directed the state authorities to reconsider the candidature of a successful aspirant for judicial service, whose selection for appointment was cancelled on the ground of ‘moral turpitude’ and even high court had turned down his plea against cancellation. Now the state authorities have no option but to comply with this landmark judgment and reconsider the candidature of this successful aspirant for judicial service named Mohammad Imran! Very rightly so!
                                           To begin with, para 2 of this landmark judgment discloses that, “The appellant, a successful aspirant for judicial service, is aggrieved by …