Supreme court
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...
Mere Presence Of Different Ethnic Groups In A State Doesn't Violate Cultural Rights Of Local Population: Supreme Court In Assam Accord Case
While upholding the constitutional validity of Section 6A of the Citizenship Act, 1955, which recognized the Assam Accord, the Supreme Court (4:1) majority rejected the argument that conferring citizenship to migrants from Bangladesh infringed the cultural and linguistic rights of Assamese guaranteed under Article 29 of the Constitution.The Court, through the judgment of Chief Justice of India...
Supreme Court Acquits Man Sentenced To Death For Alleged Murder Of Mother, Wife & 2-Yr-Old Daughter
The Supreme Court today set aside the conviction and the death sentence of a man for the alleged murder of his mother, wife and two-year-old daughter noting that the prosecution was unable to prove an unbroken chain of events.A bench of Justices BR Gavai, Prashant Kumar Mishra and KV Viswanathan delivered the verdict. Pronouncing the decision, Justice Gavai said:"We have found that...
Supreme Court Upholds Validity Of S.6A Of Citizenship Act Recognizing Assam Accord By 4:1 Majority
The Supreme Court today (October 17) upheld the constitutional validity of Section 6A of the Citizenship Act 1955, which recognized the Assam Accord, by 4:1 majority.The 5-Judge Constitution Bench comprising Chief Justice of India DY Chandrachud, Justices Surya Kant, MM Sundresh, JB Pardiwala, and Manoj Misra delivered the judgment.Justice Pardiwala gave a dissenting judgment to hold Section...
SARFAESI | Auction Sale Can Be Cancelled Only If Purchaser Defaults In Payment Of Balance Amount : Supreme Court
In a matter arising out of IDBI Bank's cancellation of an auction purchase, the Supreme Court recently held that an auctioneer cannot refuse to issue sale certificate if the auction purchaser has not defaulted in offering to deposit the balance auction amount. “reason for the non-issuance of the sale certificate is solely attributable to the appellant-Bank and that there were no...
'Royalty' Imposed By Municipal Corporation For Putting Hoardings/Advertisement Can't Be Termed 'Tax' : Supreme Court
The Supreme Court today (Oct. 16) observed that the 'royalty' imposed by the Municipal Corporation on the advertising companies for putting up hoardings/advertisements could not be termed as 'tax'. The bench comprising Justices Vikram Nath and Ahsanuddin Amanullah set aside the Patna High Court's Division Bench decision which directed the Patna Municipal Corporation to refund the...
'Role Limited To Signing' : Supreme Court Upholds Discharge Of Ex-Central Bank Chairman In Corruption Case Over Credit Facility Misuse
The Supreme Court today (October 16) upheld the discharge of the former Chairman and Managing Director of the Central Bank of India from a cheating and corruption case for allegedly causing undue loss of over Rs. 436 Crores to the bank by hastily approving a loan.A bench of Justice Abhay Oka and Justice Ujjal Bhuyan dismissed an appeal filed by the CBI challenging the judgment of the Gujarat...
Supreme Court Upholds Conviction Of Father For Pregnant Daughter's Murder Over Inter-Caste Marriage, Commutes Death Sentence
The Supreme Court today upheld the conviction of the father who committed the gruesome daylight murder of his pregnant daughter also leading to the death of the child in the womb. While holding so, the bench comprising Justices BR Gavai, Aravind Kumar, and KV Viswanathan rejected the appellant's/father's contention that the non-examination of the independent witnesses by the prosecution...
Motor Accident Claims | Duty Of Court To Assess Fair Compensation Not Limited By Claimant's Rough Calculation: Supreme Court
The Supreme Court on October 15 held that the amount of compensation claimed is not a bar to the Motor Accident Claims Tribunal and High Court awarding more than what is claimed, provided it is found to be "just and reasonable."It added that the court has a duty to calculate fair compensation, as held in Meena Devi vs. Nunu Chand Mahto (2022)."It is a settled proportion of law, that the amount...
Supreme Court Affirms Bail Granted To Kashmir Journalist Fahad Shah, But Holds HC Judgment On UAPA Wrong
The Supreme Court on Monday (October 14) declared as bad in law the judgment of the Jammu and Kashmir and Ladakh High Court which held that an accused can be granted bail under the Unlawful Activities (Prevention) Act 1967 if he does not present any "clear and present danger" to the society.The High Court judgment, which granted bail to Kashmir-based news journalist Peerzada Shah Fahad, also...
Government Employee Can't Refuse To Join New Place Of Posting While Contesting Transfer : Supreme Court
The Supreme Court recently condemned frequent instances of transferred employees not joining new places of posting while legal or administrative challenges to their transfer are underway."It is not uncommon to see employees who challenge such orders of transfer before various forums, extending the litigation to several years, while choosing to not join the service and still seeking full...
