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'Chargesheet Runs Into 20,000 Pages' : Supreme Court Allows Student Activists To Produce Pendrive In Delhi Police's Appeal
The Supreme Court on Thursday allowed the filing of pen drive in place of the physical copy of the chargesheet in the appeal filed by Delhi Police against the Delhi High Court order granting bail to three student-activists, Devangana Kalita, Devangana Kalita and Asif Iqbal Tanha, in the Delhi Riots conspiracy case.Senior Advocate Kapil Sibal, appearing for Devangana Kalita and...
'Very Unlikely, But You Can Try' : Supreme Court To Delhi Police On Plea To Set Aside Bail Granted To Activists In Riots Case
The Supreme Court on Thursday orally told the Delhi police that it is "very unlikely" to be convinced to set aside the bail granted by the Delhi High Court to three student-activists, Devangana Kalita, Natasha Narwal and Asif Iqbal Tanha, in the Delhi Riots conspiracy case.At the same time, the bench comprising Justices Sanjay Kishan Kaul and Hemant Gupta orally said that it may have a...
"We Cannot Have Two Parallel Legal Systems, One For Rich And Powerful And The Other For Common Man": SC Pulls Up MP Govt. For Protecting Murder Accused
"There cannot be two parallel legal systems, one for rich and powerful and the other for common man, and that the existence of a dual system will only chip away the legitimacy of the law", Supreme Court said
BREAKING : PIL Filed In Supreme Court Seeking Court-Monitored SIT Probe Into Pegasus Snooping Allegations
Serial PIL litigant Advocate ML Sharma has filed a writ petition in the Supreme Court seeking a court-monitored probe by a Special Investigation Team into the reports of alleged snooping by government agencies using Israeli spyware Pegasus over journalists, activists, politicians etc.Sharma is known for rushing to the Supreme Court with PILs in sensational matters such as Rafale deal,...
'Unconstitutional Attack On Freedom Of Speech & Press' : Editors Guild Seeks Supreme Court-Monitored Probe Into Pegasus Snooping Allegations
"How can a constitutional democracy survive if governments do not make an effort to protect freedom of speech and allows surveillance with such impunity?", the Guild asked.
Court Cannot Grant Liberty To Amend Plaint While Rejecting It Under Order VII Rule 11(d) CPC: Supreme Court
The Supreme Court held that while rejecting a plaint under Order 7 Rule 11(d) of Code of Civil Procedure, the Court cannot grant liberty to the plaintiff to amend the plaint.The proviso to Rule 11 covers the cases falling within the ambit of clauses (b) and (c) and has no application to a rejection of a plaint under Order 7 Rule 11(d), the bench comprising Justices DY Chandrachud and MR...
Future Retail's Appeal Against Emergency Award Not Maintainable, Amazon Argues In Supreme Court
"Award delivered by the Emergency Arbitrator is valid, and Future Retail Ltd.'s interference is uncalled for", submitted Senior Advocate Gopal Subramanian, appearing for Amazon.com NV Investment Holdings LLC, to the Supreme Court in the appeal filed by Amazon pertaining to the Reliance-Future deal. A Bench headed by Justice Rohinton F. Nariman was hearing Amazon's challenge...
Motor Vehicles Act - Third Party Insurance Deemed To Be Transferred Along With Effective Control Over Vehicle In A Hire Agreement: Supreme Court
When a transport corporation hires a motor vehicle for use from its registered owner, the third-party insurance coverage will also be deemed to be transferred along with the vehicle, reiterated the Supreme Court in a recent decision.The person who is having the effective control and command of the vehicle will be regarded as the 'owner'. Therefore, along with the vehicle it must be deemed...
Supreme Court Upholds A Citizen's Right To Challenge A Constitutional Amendment Affecting States' Power
When a citizen of India challenges a constitutional amendment as being procedurally infirm, it is the duty of the court to examine such challenge on merits." , the Supreme Court observed while answering the Centre's submission that there is no challenge against Constitution 97th Amendment by States.The bench comprising Justices RF Nariman, KM Joseph and BR Gavai observed that the Constitution...
'Fundamental Right To Form Cooperative Societies', 'Article 43B': Remnants Of 97th Constitutional Amendment After Supreme Court Judgment
The Supreme Court struck down most of the provisions introduced by 97th Constitutional Amendment on the ground that the requisite ratification from states was not obtained as per Article 368(2) of the Constitution.The majority (2:1) also held that Part IXB is operative insofar as multi-State co-operative societies are concerned. But there are a couple of important provisions inserted by...
Once Substantive Provisions Of Part IXB Are Held Unconstitutional, Provisions On Multi-State Co-operative Societies Can't Be Saved : Justice Joseph's Dissent
The Doctrine of Severability must apply on surer foundations, said Justice KM Joseph while opining that the entire Part IXB of the Constitution dealing with co-operative societies is liable to be struck down.The majority judgment by Justice RF Nariman (Justice BR Gavai concurring) invoked doctrine of severability to hold that Part IXB of the Constitution of India is operative insofar...