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Constitutional law

SHANKAR LAL SHARMA versus RAJESH KOOLWAL & ORS.

Given the petitioner's advanced age, limited means and the representations made by the parties and Amicus Curiae, the Court directed a monetary settlement of Rs.20,00,000 as full and final settlement of all claims, ordered payment of Rs.1,00,000 to the Amicus Curiae as appreciation, and held that advocates should volunteer to assist indigent litigants to enhance access to justice.

Source excerpt

  • Role of advocates
  • Indigent litigant
  • Amicus curiae
  • Settlement
  • Mediation
  • Conciliation
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Motor vehicles act, 1988

ALIFIYA HUSENBHAI KESHARIYA versus SIDDIQ ISMAIL SINDHI & ORS.

The High Court erred in denying permission to file the appeal as an indigent person on the basis that the Tribunal had awarded compensation; an award without actual receipt does not extinguish indigency and the Appellate Court ought to have conducted an inquiry under Order XLIV Rule 3(2); therefore the impugned order is set aside and the appellant is permitted to appeal as an indigent person.

Source excerpt

  • Award
  • Monetary compensation without actual receipt
  • Indigent person
  • Filing of appeal as an indigent
  • Order xliv rule 3(1) and rule 3(2) of cpc
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Constitutional law

SARVESH MATHUR versus THE REGISTRAR GENERAL HIGH COURT OF PUNJAB AND HARYANA

The Supreme Court directed that High Courts cannot arbitrarily deny access to video conferencing or hybrid hearings and must put in place uniform SOPs, provide free adequate internet/Wi-Fi within court precincts, publish links in cause-lists without prior application requirements, avoid age or other arbitrary eligibility criteria, and that State and Union authorities must fund and ensure requisite infrastructure for High Courts and tribunals within specified deadlines to secure access to justice through technology.

Source excerpt

  • Video conferencing
  • Hybrid hearings
  • E-filing
  • Wi-fi and internet connectivity in courts
  • Standard operating procedure for virtual hearings
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Tribunal administration

M P HIGH COURT BAR ASSOCIATION versus UNION OF INDIA & ORS

The Court upheld the move to mandatory e-filing for DRTs/DRATs as a gradual, staged and trained implementation that enhances transparency and access, but required administrative measures to address implementation difficulties: Bar Associations may submit representations, monthly operational reports by tribunal heads to the Department of Financial Services for six months, NIC to constitute a monitoring team and upgrade the e-filing module, help desks to be maintained and e-sewa kendras to be set up with an SOP; the exercise to be completed within three months.

Source excerpt

  • Debt recovery tribunals (drts) and debt recovery appellate tribunals (drats)
  • E-filing rules 2020 and amendment to rule 3
  • Digital divide and gender gap in access to technology
  • Help desks and e-sewa kendras
  • Mandatory e-filing implementation
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Criminal law

BRIJESH KUMAR versus STATE OF UTTAR PRADESH, THROUGH ITS SECRETARY

The Special Leave Petition was dismissed on merits because the Trial Court and High Court findings and the material on record supported the conviction; further, the Court held that effective legal representation is an essential facet of Article 21 and the Legal Services Authorities Act, 1987, and accordingly directed that legal aid counsel and amicus curiae must be provided all relevant documents and official translations to enable effective representation.

Source excerpt

  • Right to legal representation
  • Legal services authorities act, 1987
  • Amicus curiae appointment
  • Provision of records to legal aid counsel
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Constitutional law

DISTRICT BAR ASSOCIATION, DEHRADUN THROUGHITS SECRETARY versus ISHWAR SHANDILYA & ORS.

The Supreme Court held that the right to freedom of speech and expression under Article 19(1)(a) does not entitle advocates to go on strike or boycott courts when such action prejudices litigants and impedes the right to speedy justice under Articles 14 and 21; boycotting courts as conducted in the districts at issue amounts to contempt and the High Court's directions directing withdrawal of strike calls and disciplinary action by Bar Councils were justified; accordingly the SLP was dismissed.

Source excerpt

  • Freedom of speech and expression
  • Right to strike
  • Advocates' strikes and boycotts
  • Speedy justice
  • Bar councils' disciplinary powers
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Civil procedure

SALEM ADVOCATE BAR ASSOCIATION, TAMIL NADU versus UNION OF INDIA

The amendments to the Code of Civil Procedure, 1908 intended to expedite civil litigation and promote alternative dispute resolution are valid and do not violate due process, right to fair trial under Article 21, or constitutional guarantees. Where provisions are directory, courts retain discretion to extend time or relax procedures in appropriate, exceptional circumstances. Implementation of Section 89 and tasking courts with encouraging ADR, upon finding elements of settlement, is mandatory. Subordinate and High Courts are given detailed directions for framing rules and case management prac…

Source excerpt

  • Code of civil procedure amendments
  • Affidavits in pleadings
  • Recording of evidence by commissioner
  • Amendment of pleadings
  • Written statement filing period
  • Service of summons
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About this LexChat collection

India decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.