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The Delhi High Court, on Monday, stayed the operation of the Single Judge Bench’s decision, wherein it was held that a promise or assurance given by a Chief Minister of a state tantamount to an enforceable promise, and that it is the duty of the Government to enforce it.  The Division Bench of Chief Justice D.N. Patel and Justice Jyoti Singh issued notice in the appeal preferred by the Delhi Government against Justice Pratibha Singh’s order passed on July 22, on a petition filed by a bunch of poor tenants, who relied on the assurance given by Delhi Chief Minister Arvind Kejriwal to pay rent on behalf of all such tenants, who were unable to pay the rent due to poverty. Delhi Government was represented by Senior Counsels Manish Vashisht and Rahul Mehra. Advocate Vashisht submitted that no promise was made by the Chief Minister during the press conference held on March 29 last year, in the wake of the Covid-19 pandemic.  The Bench orally inquired if the Government had any inte...

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The Tripura High Court has stayed the government decision dated January 25, 2021, under which it was communicated that all such judicial officers who joined the service after July 1, 2018, would be brought under the new pension scheme and their GPF accounts would be closed. The Court further clarified that the government shall reactivate the GPF accounts of judicial officers, even if they have joined the service on or after July 1, 2018. The Division Bench of Chief Justice Akil Kureshi and Justice S.G. Chattopadhyay passed the order on a suo motu PIL on the issue, pertaining to pensionary benefits that new entrants to the Tripura Judicial Service after July 1, 2018 would receive. On Monday, Government Advocate for the official respondents prayed for time for filing a reply. In the meantime, the Law Secretary had placed before the Registry the response of the Finance Department dated September 6, 2021. On perusal of the response of the Finance Department presents a sorry state of af...

By Justice Kamaljit Singh Garewal Are we not Indianised enough for the chief justice to call for Indianising the legal system? Chief Justice NV Ramana recently said: “Indianisation of the country’s legal system is the need of the hour and it was crucial to make the justice delivery system more accessible and effective, the courts need to be litigant-centric, and the simplification of justice delivery should be the pressing concern. Very often the justice delivery poses many barriers for the common people. The working and the style of courts do not sit well with the complexities of India. Our systems, practice, rules being colonial in origin, it may not be best suited to the needs of the Indian population. There was need to adapt to the practical realities of our society and to localise our justice delivery system.” There are two ways to interpret what the chief justice said. Some feel that the time has come to stop speaking about the achievements of our judiciary, our great public in...

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