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Shiv Sena Rift | Election Commission To Decide Issue Of Maintainability Of Eknath Shinde's Petition While Passing Final Order
The issue arising out of the rift within Shiv Sena party between Eknath Shinde and Uddhav Thackeray over the Party name “Shiv Sena” and the symbol “Bow and Arrow” was heard by the Election Commission of India under Paragraph 15 of the Election Symbols (Reservation and Allotment) Order, 1968 on 10th January 2023. Senior Advocate Kapil Sibal, appearing on behalf of the Uddhav...
Supreme Court Weekly Roundup (8th January 2023-14th January 2023)
Striking down of Section 10(26AAA) Income Tax Act, recognition of the right of States to constitute Committees on Uniform Civil Code, PILs on recognition of menstrual leaves and the Joshimath sinking, along with hearings on the Bhopal Gas Tragedy and the Delhi Government versus the LG dispute – a lot has happened in the Supreme Court of India this past week. This report provides links...
'Will Fight Till Last Breath, Want My Son's Killers Punished' : 74-Year Old Mother's Quest For Justice In 20 Year Old Custodial Death Case
A septuagenarian mother’s quest for justice for her son’s death 20 years ago has brought her before the Bombay High Court once again in a petition seeking to add names of four police officers as accused. “A mother just wants her child, they should have given him to me. They killed my innocent son, don’t they deserve to be punished? He deserves justice. Any mother will feel that...
Anticipatory Bail Application Maintainable By Accused Who Is In Custody In Another Crime? Supreme Court Leaves Question Of Law Open
While it is settled law that where the accused has already been arrested, the anticipatory bail application would not lie in that particular case, the question still looms large that if a person is arrested in another case other than for which she had already been arrested whether anticipatory bail would be maintainable. The Supreme Court had an occasion recently to decide...
Supreme Court Asks UP Police To Produce Records Of Case Relating To Alleged Hate Crime Against Man
The Supreme Court of India on Friday heard the batch of pleas which sought to curb hate speech in the country. The hearing which almost ran into two hours was before a Division Bench Justices KM Joseph and BV Nagarathna. The following were the broad category cases - the petitions filed against the 'UPSC Jihad' campaign by Sudarshan News TV, the petitions filed against the...
Supreme Court Asks Maulvi Allegedly Involved In Forced Religious Conversion To Appear Before Gujarat Police
The Supreme Court on Friday asked an Islamic scholar and maulvi, accused of forcefully converting 37 Hindu families and 100 Hindus, to appear before the investigation agency for interrogation. As the first step, before going to the allegations against the petitioner, a Bench of Justices MR Shah and CT Ravikumar asked him to report before the investigation officer between January 16th...
Change Of Bench In Plea Related To Religious Conversions; CJI DY Chandrachud-Led Bench To Hear On Monday
A change of bench has taken place in the PIL filed in the Supreme Court alleging that mass religious conversions were taking place in India through forceful and fraudulent means.The matter, which was being heard by a bench led by Justice MR Shah, will be heard by a bench comprising Chief Justice of India DY Chandrachud, Justices PS Narasimha and JB Pardiwala on Monday (January 16).On January...
Supreme Court Monthly Criminal Digest: December 2022
Code of Criminal Procedure 1973; Section 319 - Power has to be excercised before the conclusion of the trial, which means before the pronouncement of the judgment. (Para 33) Sukhpal Singh Khaira v. State of Punjab, 2022 LiveLaw (SC) 1009 Code of Criminal Procedure 1973; Section 319 - Supreme Court Constitution Bench issues elaborate guidelines on the exercise of powers to...
Kali Poster Row : Filmmaker Leena Manimekalai Moves Supreme Court Seeking To Quash Multiple FIRs
Filmmaker Leena Manimekalai has filed a writ petition in the Supreme Court challenging the multiple FIRs registered against her in various states over the poster of her documentary titled "Kaali". The petitions seek to quash the multiple FIRs registered in Delhi, Uttar Pradesh, Madhya Pradesh andUttarakhand on complaints against the same poster, which showed Manimekalai herself dressed as the...
Closing The Gates To Education: Violations Of Rights Of Muslim Women Students: PUCL’s Report On Hijab Ban
On 31st December, 2021, Government Girls PU College, Udupi imposed a sudden restriction on the hijab inside classrooms. The college enforced this restriction in the absence of any rule, resolution or guideline. The college uniform was a blue coloured chudidhar with dupatta, and they prohibited students from using the dupatta as a headscarf. Six students protested the move by sitting...
Exclusion Of 'Old Indian Settlers' From Definition Of Sikkimese In Section 10(26AAA) Income Tax Act Unconstitutional: Supreme Court
The Supreme court held that the exclusion of old Indian settlers, who have permanently settled in Sikkim prior to merger of Sikkim with India on 26.04.1975 from the definition of “Sikkimese” in Section 10(26AAA) of Income Tax Act is unconstitutional .The bench of Justices M R Shah and B V Nagarathna held that these old indian settlers, irrespective of whether his/her name is recorded in...