Supreme court
S. 319 CrPC | No Mandate To Decide Application To Summon Additional Accuded Before Cross-Examination Of Other Witnesses : Supreme Court
The Supreme Court on Friday (Oct. 18) observed that there's no bar for the trial court to decide an application seeking the summoning of an additional accused under Section 319 Cr.P.C. even after the cross-examination of the prosecution witness.“Therefore, the complicity of any person sought to be arrayed as an accused can be decided with or without conducting cross-examination of...
'Prioritise Prevention, Prosecution Alone Ineffective To Bring Social Change' : Read Supreme Court's Guidelines Against Child Marriages
The Prohibition of Child Marriage Act, 2006 is a social legislation which requires a collective effort of all stakeholders for its success, said the Supreme Court, emphasising the need for community-driven strategies and more focus on prevention than prosecution.The Court said that preventive strategies should therefore be tailored to address the root causes of child marriage, such as...
Child Marriage Deprives Children Of Agency, Autonomy & Right To Enjoy Childhood; Affects Both Boys & Girls : Supreme Court
While issuing several guidelines to prevent child marriages, the Supreme Court has elaborately discussed how child marriages violate Constitutional rights.The judgment, delivered in a petition filed by the NGO Society for Enlightenment and Voluntary Action, stated that child marriages violate the rights to self-determination, choice, autonomy, sexuality, health and education of...
Supreme Court Upholds Maintainability Of Appeals Filed By Airports Economic Regulatory Authority Against Orders Of TDSAT On Tariff Imposition
The Supreme Court today (October 18) upheld the maintainability of appeals filed by Airports Economic Regulatory Authority (AERA) assailing orders of the TDSAT under the AERA Act 2008 relating to tariff imposition on certain services. The bench led by CJI DY Chandrachud comprising Justices JB Pardiwala and Manoj Misra allowed the appeals to filed by AERA in the following order : "The appeals...
'Bill Pending In Parliament' : Supreme Court Refrains From Deciding If Prohibition Of Child Marriage Act Overrides Personal Laws
While issuing various guidelines for the prevention of child marriages, the Supreme Court refrained from deciding the issue whether the Prevention of Child Marriage Act, 2006 overrides personal laws which sanction such marriages.The Court noted that the Parliament is seized of the issue since a bill introduced in 2021 to amend the Prevention of Child Marriage Act to give it overriding effect...
'Marriages Fixed During Minority Of Child Violates Free Choice' : Supreme Court Suggests Ban On Child Betrothals
The Supreme Court has suggested to the Parliament to consider outlawing child betrothals by amending the Prevention of Child Marriage Act(PCMA), 2006. Since that PCMA does not deal with child betrothals, the Court noted that it can be used to evade the penalties under the Act."Marriages fixed in the minority of a child also have the effect of violating free choice, autonomy, agency and...
Supreme Court Recalls Its Judgment Which Struck Down Sections 3 & 5 Of Benami Transactions (Prohibition) Act 1988
The Supreme Court on Friday (October) recalled its 2022 judgment in Union of India vs Ganpati Dealcom Pvt. Ltd which struck down Sections 3(2) and 5 of the Benami Transactions (Prohibition) Act 1988 as unconstitutional.A bench comprising Chief Justice of India DY Chandrachud, Justice JB Pardiwala and Manoj Misra recalled the judgment allowing a review petition filed by the Union...
'Singling Out Assam Rational; Cut-Off Date Not Arbitrary' : Supreme Court Holds S.6A Citizenship Act Doesn't Violate Article 14
While upholding the constitutional validity of Section 6A of the Citizenship Act 1955, which recognized the Assam Accord, the majority judgment authored by Chief Justice of India D.Y. Chandrachud and Justice Surya Kant (for Justices M.M. Sundresh, Manoj Misra and himself) has held that Section 6A did not violate Article 14. Justice J.B. Pardiwala, who lone dissented, has held otherwise. As...
In Motor Accident Claims, Preponderance Of Probabilities Must Be Applied; Not Proof Beyond Reasonable Doubt : Supreme Court
The Supreme Court on Thursday (Oct. 17) observed that in motor accident claim cases, the courts must apply the principle of preponderance of probability and cannot apply the test of proof beyond reasonable doubt. While observing so, the bench comprising Justices CT Ravikumar and Prashant Kumar Mishra allowed the motor accident compensation claim of the kin of the bike rider who was killed in...
'Post-1971 Illegal Immigration Not Stopped' : Supreme Court To Monitor Action Against Illegal Immigrants In Assam
While upholding the constitutional validity of Section 6A of the Citizenship Act, 1955 - which enables immigrants from Bangladesh who entered Assam before March 25, 1971 to seek Indian citizenship - the Supreme Court lamented that no effective steps have been taken to prevent illegal immigration after 1971.A 5-judge Constitution Bench comprising Chief Justice of India DY Chandrachud,...
S.6A Citizenship Act Doesn't Violate Fraternity, Fraternity Encourages Intermingling Of Different Groups : Supreme Court In Assam Accord Case
The Supreme Court has rejected the argument that Section 6A of the Citizenship Act- which allowed migrants who came to Assam from Bangladesh before March 25, 1971, to seek Indian citizenship -violated the concept of fraternity.A 5-judge Constitution Bench upheld by 4:1 majority (Chief Justice of India DY Chandrachud, Justices Surya Kant, MM Sundresh and Manoj Misra) the constitutional validity...
