Justice Gogoi's tenure as judge and as CJI was marked by some controversies and personal allegations but that never came in his way of his judicial work that was reflected in the last few days when benches headed by him delivered some path-breaking judgments.
The apex court termed the prevalence of "social evil" of child marriage as "sobering" and passed a slew of directions to the Centre, states, district administrations, panchayats and the judiciary to eradicate the malaise.
The bench wondered if it struck down the immunity clause in the penal codes then the offence will be covered under the main provision on rape or "can the court create a separate offence or adjudicate the validity of the exception (clause)".
The CJI said that to keep police excesses in check, dissemination of information about the constitutional right to legal aid and availability of free legal aid services is necessary.
'One of the major challenges to the protection of rule of law and human rights is the inability of the formal justice system to deliver speedy and affordable justice to all'
While some hailed it, others questioned it raising a controversy by saying Justice Bobde was neither wearing a mask nor a helmet.
Speaking in the Delhi Assembly on Wednesday, Chief Minister and Aam Aadmi Party convenor Arvind Kejriwal slammed the Bharatiya Janata Party over the Supreme Court overturning the outcome of the Chandigarh mayoral poll.
The Supreme Court on Friday got irked over a lengthy judgement penned by a single judge bench of the Delhi high court in a case related to an arbitral award involving media baron Kalanithi Maran and SpiceJet, saying there was no "application of mind". Suggesting that the case be now transferred to another judge by the Delhi HC, the top court said the judgement "has to be carefully articulated" and "the judge must apply mind to grounds of challenge and then deduce if interference is warranted". The strong observations against the single judge bench came from a bench headed by Chief Justice D Y Chandrachud during the hearing of an appeal by Kalanithi Maran and Kal Airways against a Delhi high court order setting aside an arbitral award asking the SpiceJet to refund Rs 579 crore plus interest to the media baron and his firm.
In 1997, the seven-judge bench ruled that the Centre had the regulatory power over the production of industrial alcohol. The case was referred to the nine-judge bench in 2010.
Justice Bhushan, who was elevated as an apex court judge on May 13, 2016, was part of several landmark judgements including the November 2019 verdict by a five-judge Constitution bench which cleared the way for construction of Ram Temple at the disputed site at Ayodhya and directed the Centre to allot a five-acre plot to Sunni Waqf Board for building a mosque.
The Supreme Court on Friday termed as "unwarranted and extraneous" the Madras high court directive to YouTuber Felix Jerald to close down his channel as one of the bail conditions.
The Supreme Court on Friday asked the Centre to provide information about the numbers and names reiterated by the apex court Collegium for appointment as judges in higher judiciary with reasons why they were not considered so far and at what level they were pending.
Justice Bobde, who decided several key cases during his tenure including the historic Ayodhya verdict, was administered oath as the 47th CJI in November 2019 and retired on Friday.
Justice Lalit said, "The element was purely based on circumstantial evidence. Law is clear that facts must point only in direction of the guilt of that man, unless and until that guilt is completely established, circumstantial evidence case theory is not to be accepted."
What sustains judicial institutions in the long run is the sense of compassion, sense of empathy and ability to answer cries of citizens, he said.
Prior to the swearing-in of Justices Hima Kohli, Nagarathna and Bela M Trivedi, only eight women judges, including sitting judge Justice Indira Banerjee, were appointed as apex court judges.
The Supreme Court on Friday observed the 1976 amendment to the Constitution adding terms 'socialist', 'secular' and 'integrity' to the Preamble underwent judicial reviews and it cannot say whatever Parliament did during the emergency period was all nullity.
Activist Saket Gokhale had sought consent, a condition precedent for initiating criminal contempt proceedings, of the top-most law officer to initiate the case against the former CJI who had reportedly said at an event that the judiciary is "ramshackled" and it is quite unlikely for a person to get a timely verdict.
The legal battle over the alleged infringement of trademark of whisky brands witnessed an unusual sight in the Supreme Court as liquor bottles were placed before the country's highest court.
Within a span of little over a month since Chief Justice D Y Chandrachud assumed office, the Supreme Court has disposed of 6,844 cases, including 2,511 bail and transfer petitions, sources said.
Justice Ramana said the body was required to be "created under a statute" clearly defining its powers, functions, and duties.
In a far-reaching verdict, the Supreme Court on Thursday ruled that the appointment of the Chief Election Commissioner and the election commissioners will be done by the President on the recommendation of a committee, comprising the Prime Minister, Leader of the Opposition in the Lok Sabha and the CJI, to maintain the "purity" of the electoral process.
Citizens' voices cannot be throttled by a threat of destroying their properties and 'bulldozer justice' is simply unacceptable under the rule of law, the Supreme Court has said.
On February 1, grappling with the intractable issue of the AMU's minority status, the top court said the 1981 amendment to the AMU Act, which effectively accorded it a minority status, only did a "half-hearted job" and did not restore the institution the position it had prior to 1951.
Under the Bhartiya Nyaya Sanhita, exception 2 to Section 63 (rape) says that 'sexual intercourse or sexual acts by a man with his own wife, the wife not being under eighteen years of age, is not rape'.
The judgment from a five-judge Constitution bench, led by Chief Justice DY Chandrachud, offers clarity on licensing regulations and is expected to prevent insurance companies from rejecting claims based on the type of licence of drivers involved in accidents.
A bench comprising Chief Justice DY Chandrachud and Justices JB Pardiwala and Manoj Misra said Indian firms, involved in the export of arms and equipment to Israel, may be sued for breach of contractual obligations if they are stopped by it from supplying.
The high court erred in holding that the law was violative of the principle of secularism, said a bench comprising Chief Justice of India D Y Chandrachud and Justices J B Pardiwala and Manoj Misra.
In a viral video of the court proceedings, the judge was seen reprimanding a woman lawyer on Thursday and reportedly made some objectionable comments.
A bench comprising Justices Sanjiv Khanna, M M Sundresh and Bela M Trivedi will hear the plea of jailed JMM leader at 10.30 am on Friday.
A five-judge bench headed by Chief Justice DY Chandrachud considered the pleas in chambers and dismissed applications for listing of the review petition in open Court.
The observations were made by a bench comprising Chief Justice DY Chandrachud and Justice Manoj Misra during the hearing of an appeal filed by the City and Industrial Development Corporation, Navi Mumbai against a Bombay high court verdict.
The Supreme Court on Tuesday dismissed the pleas seeking cancellation and re-test of the controversy-ridden National Eligibility-cum-Entrance Test-Undergraduate (NEET-UG) 2024, holding that there was no data on record to indicate a systemic leak of question paper and other malpractices.
"How can a court order this? To say that the judgment, a public document, be pulled down will have very serious ramifications," said a bench comprising Chief Justice D Y Chandrachud and Justices JB Pardiwala and Manoj Misra after taking note of the submissions of Ikanoon Software Development Pvt Ltd, a Bengaluru-based legal website.
The NTA had treated the two options as correct answers to the Physics question and had granted four marks to those examinees who had marked these options.
Justice Bobde has decided several key cases and was part of the recent historic verdict that cleared the way for the construction of a Ram Temple at the disputed site in Ayodhya.
Chief Justice of India D Y Chandrachud has agreed to meet the Gujarat High Court Advocates' Association on November 21 in view of the ongoing protest by lawyers opposing the Supreme Court collegium's recommendation to transfer Justice Nikhil S Kariel to Patna high court.
Justice S A Bobde, the senior-most judge of the Supreme Court, along with N V Ramana and Indira Banerjee will conduct an in-house inquiry into the allegations of sexual harassment levelled against Chief Justice of India Ranjan Gogoi.
He will be the first former Chief Justice of India to be nominated to Rajya Sabha. Former Chief Justice Ranganath Misra was also a Rajya Sabha member but he was elected on a Congress party ticket.
According to a notification issued by the government, Justice Ramana would take over as the 48th CJI on April 24 after incumbent CJI S A Bobde demits office a day before. Justice Ramana would retire on August 26, 2022.
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