'Harsh, Unwarranted' : Justices Nagarathna & Dhulia Object To CJI Chandrachud's Remarks Against Justice Krishna Iyer

In their judgments in the case relating to Article 39(b), Justices BV Nagarathna and Sudhanshu Dhulia expressed strong objections to the remarks made by Chief Justice of India DY Chandrachud that the Justice Krishna Iyer doctrine did a "a disservice to the broad and flexible spirit of the Constitution.”While Justice Nagarathna described CJI Chandrachud's comments on Justice Krishna Iyer as "unwarranted and unjustified", Justice Dhulia said that the criticism was "harsh", which "could have been...

Statute Cannot Be Struck Down On Ground Of Violation Of Basic Structure Of Constitution : Supreme Court

The Constitutional validity of a statute cannot be challenged on the sole ground that it violated the Basic Structure of the Constitution, held the Supreme Court in the case concerning the Uttar Pradesh Board of Madarsa Education Act, 2004.The Supreme Court expressed disapproval of the Allahabad High Court striking down the statute on the ground that it violated the Basic Structure feature of secularism.The bench comprising Chief Justice of India DY Chandrachud, Justice JB Pardiwala and Justice...

Supreme Court Upholds Validity Of UP Madarsa Education Act Except Its Provisions Regulating Higher Education Degrees

The Supreme Court today (November 5) upheld the constitutional validity of the 'Uttar Pradesh Board of Madarsa Education Act 2004' and set aside the Allahabad High Court's judgement which had struck it down earlier.The High Court erred in striking down the Act on the ground that it violated the basic structure principle of secularism, the Supreme Court held. A statute can be struck down only if violates fundamental rights under Part III of the Constitution or violates provisions regarding...

Not All Private Property Is 'Material Resource Of Community' Which State Must Equally Distribute As Per Article 39(b) : Supreme Court

The Supreme Court today (November 5) held by a majority of 7:2 that all private properties cannot form part of the 'material resources of the community' which the State is obliged to equitably redistribute as per the Directive Principles of State Policy under Article 39(b) of the Constitution.The Court held some private properties may come under Article 39(b) provided they are material and belong to the community. The 9-judge bench comprised Chief Justice of India DY Chandrachud,...

'Public Service Commission Must Not Resort To Falsehoods' : Supreme Court Slams KPSC's Inconsistency On LDC Post Qualification

The Supreme Court today came down heavily on the Kerala Public Service Commission (KPSC) for its inconsistent stances which led to prolonged litigation impacting the hopes and aspirations of nearly twelve hundred candidates who appeared for the recruitment exam for the Lower Division Clerk (LDC) post in the Kerala Water Authority. The bench comprising Justices PS Narasimha and Sanjay Kumar expressed displeasure with the varying stand of the KPSC in ascertaining the essential qualification for...

Government Entity Can't Be Given Differential Treatment While Staying Operation Of Arbitral Award : Supreme Court

Recently, the Supreme Court disapproved of a High Court's decision to exempt a government entity from depositing other amounts in addition to the arbitral award amount as a condition precedent for seeking a stay on the enforcement of the award just because the government entity was not a flight risk.The bench comprising Chief Justice DY Chandrachud,Justices JB Pardiwala and Manoj Misra...

Supreme Court Deprecates Practice Of Litigant Engaging New Lawyer To Reargue Case After Court Expressed Dissatisfaction On Merits

The Supreme Court recently(October 24) criticized a litigant who, through a newly engaged lawyer, tried to reargue a case despite the Court having previously expressed dissatisfaction with the case's merits after hearing arguments but allowed the lawyers to seek further instructions.A bench of Justice Abhay S Oka, Justice Ahsanuddin Amanullah and Justice Augustine George Masih observed...

Supreme Court Directs All States, UTs To Promptly Convey Rejection Of Remission Plea To Convicts

The Supreme Court recently directed all states and union territories to inform convicts of any rejection of applications for permanent remission within one week and forward copies of these rejection orders to the respective District Legal Services Authorities to ensure that appropriate steps are taken to provide legal aid to affected convicts.“(iii) All the States shall ensure that orders...

Supreme Court Validates Different Grade Pay For Artificers III To I; Promotional Hierarchy Justifies Pay Distinction In Navy's Pay Grade

Supreme Court of India: A Division Bench comprising Justice Abhay S. Oka and Justice Ujjal Bhuyan dismissed appeals challenging the Armed Forces Tribunal's order regarding grade pay disparity between Navy Artificers and Chief Petty Officers. The Court held that despite equivalence in seniority ranking, the difference in grade pay was justified due to the promotional hierarchy within...

S. 353 IPC | Shouting & Threatening Someone Doesn't Amount To Assault : Supreme Court

The Supreme Court has observed that shouting and threatening someone doesn't amount to committing an offence of assault. The bench comprising Justice Sudhanshu Dhulia and Justice Ahsanuddin Amanullah heard a case where the FIR under Section 353 of IPC (Assault) was registered against the Indian Institute of Astrophysics employee for shouting and threatening the CAT's Staff while inspecting...

Supreme Court Weekly Round-up: October 21, 2024 To October 27, 2024

IndexCitationsBank of Rajasthan Ltd. v. Commissioner of Income Tax 2024 LiveLaw (SC) 817Horrmal (Deceased) through his LRs and Ors. v. State of Haryana and Ors., SLP(C) No. 007963 - / 2023 2024 LiveLaw (SC) 818Mafabhai Motibhai Sagar v. State of Gujarat & Ors. 2024 LiveLaw (SC) 819Ratilal Jhaverbhai Parmar & Ors. v. State of Gujarat & Ors. 2024 LiveLaw (SC) 820Shyam Narayan Ram...

Police's Action To Take Possession Of Immovable Property Without Sanction Of Law Reflects Lawlessness : Supreme Court

In a recent case, the Supreme Court disapproved of the police's action to take possession of the immovable property by taking keys of the property under an application filed by the litigant. “We believe that this action by the police to take possession of immovable property reflects total lawlessness. Under no circumstances, can the police be allowed to interfere with the possession...