Resistance to disclosure is a phenomenon that is confined not only to the executive. here have been instances where the judiciary has also shown that much of intransigence to the Right to Information Act. It is no wonder that the Chief Justice of India S H Kapadia once said at a function that sunlight is a great disinfectant, but too much of it can burn one as well. Interestingly, in June...
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SC asks courts to view labour practices in changed economic context by Sanjay K Singh
The Supreme Court has asked the judiciary and statutory bodies to take into account objectives of industrial peace and economic justice while deciding on disputes related to unfair labour practices. The issue of unfair labour practice has to be decided in the changed circumstances of economic liberalisation and economic reforms, the court said, setting aside the Bombay High Court order against Siemens. "Today every state, which has to don the mantle of...
More »Govt guilty of fraud if land acquired for public purpose is given to pvt firms: SC
-The Indian Express The Supreme Court has said that it amounts to “fraud” on the part of the government to forcibly acquire land under the guise of a public purpose, only to have the property transferred to real estate developers or companies for their use. A Bench of Justices G S Singhvi and S J Mukhopadhyaya held that the State cannot use its power to compulsorily purchase or acquire land of a...
More »Hot water & ‘grafting’ keep Singur law afloat
-The Telegraph Had it not been for a tub of hot water and a celebrated judge in England in 1949, Bengal’s Singur law may have found itself in legal hot water. Justice I.P. Mukerji, who delivered the Singur judgment, was guided by a 62-year-old English case that dealt with hot water supply by a landlord, according to the order issued on Wednesday. The Calcutta judge used the principle of “purposive interpretation”, which figured...
More »Salwa Judum: review plea hearing on September 22 by J Venkatesan
The Supreme Court on Friday posted for hearing on September 22 the Centre's application seeking recall/review of its order declaring illegal and unconstitutional the appointment of tribal youth as Special Police Officers/Salwa Judum by the Chhattisgarh government to counter Maoist violence. A Bench of Justices B. Sudershan Reddy (since retired) and S.S. Nijjar had passed the order on the writ petition filed by social anthropologist Nandini Sundar and others. The Centre...
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