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Basic Structure Doctrine Is Here To Stay, It Has Been Embraced By Other Countries Too : Senior Advocate Fali S Nariman
The basic structure doctrine has achieved constitutional permanence not only in India, but also in six other nations globally that have both acknowledged and embraced the principle of placing a restraint on the legislative power of constitutional amendment, renowned Indian lawyer Fali S Nariman, Senior Advocate, said on Friday. He also urged people to maintain faith in...
WB Registration Act | Registrar Cannot Exercise Power Of Substantive Review While Cancelling Society's Registration : Supreme Court
The Supreme Court has upheld the decision of the Calcutta High Court where it was held that the Registrar of Society can only cancel registration granted to a society under the West Bengal Registration Act, 1961, by exercising a power of procedural review. The High Court was of the view that there is a vital difference between a power of substantive review and procedural review, and the...
Are Orphans Entitled To Quota Under Right To Education Act? Supreme Court Seeks Responses Of Union, States
The Supreme Court on Friday (September 15, 2023), sought the response of the Union Government and all State Governments on whether Section 2(d) of the Right to Education Act, 2009, which defined the expression "child belonging to disadvantaged groups" could also include orphaned children. Schools are mandated to provide at least 25% quota for the 'Children belonging to disadvantaged groups'...
Lack Of Positive Viscera Report Not Conclusive Proof That Victim Didn’t Die Of Poisoning: Supreme Court Upholds Conviction In Dowry Death Case
The Supreme Court recently upheld the conviction of the appellants in a dowry death case, despite the absence of a positive viscera report. The case revolved around the death of Tuli Shah, who allegedly committed suicide due to harassment for dowry.The Court observed “Thus, the absence of detection of poison in the viscera report alone need not be treated as conclusive proof of the fact...
Sedition Law Challenge | Supreme Court Says 1962 Kedar Nath Singh Decision Didn't Consider Article 14 Aspect
In its recent order referring the batch of petitions challenging the constitutional validity of Sedition law under Section 124A of the Indian Penal Code to a bench of at-least five judges, the Supreme Court noted that the judgement in Kedar Nath Singh v. State of Bihar (1962), which had upheld the provisions of Section 124A, had not considered the aspect of Articles 14 of the Constitution in...
Bombay High Court Judge Recuses After Receiving Letter Alleging Bias, Orders CBI To Probe Sender
Justice Bharati Dangre of the Bombay High Court has recused from hearing a criminal revision application after she received a letter alleging bias but assigned reasons for her recusal and urged CBI action in a strongly worded order.“It was open for me to recuse, without disclosing the reason, but it is high time that some accountability is attributed to the disgruntled elements, who continue...
Manipur Violence | Supreme Court Issues Clarifications On Means Of Taking Statements Of Victims & Witnesses
In the matter pertaining to Manipur violence, the Supreme Court today clarified the means through which the statements of the victims and the witnesses were to be taken. The bench comprising CJI DY Chandrachud, Justice JB Pardiwala, and Justice Manoj Misra issued the clarification in response to a letter received by the Supreme Court from the Manipur High Court seeking clarity in this...
'Sanatana Dharma' Is A Set Of Eternal Duties, Idea Being Gained That It's Only About Promoting Casteism & Untouchability: Madras High Court
"Untouchability in a country of equal citizens, cannot be tolerated, and even if it is seen as permitted somewhere within the principles of 'Sanathana dharma', it still cannot have a space to stay", the Court said.
Are Civilian Employees Of Armed Forces Unit Run Canteens Government Servants? Supreme Court Refers To Larger Bench
The Supreme Court on Thursday(Sep 14) referred a significant case regarding the employment status of civilian employees working in Unit Run Canteens (URCs) within the Armed Forces to a larger bench. This decision comes in light of conflicting judgments in previous cases, specifically the Mohd. Aslam (2001) and R.R. Pillai's case (2009). In ‘Union of India vs. Mohd Aslam’ reported in [2001]...
UGC Pay Scale: Supreme Court Grants Benefit Of Revised Pay Scale To Two Physical Instructors Despite Subsequent Karnataka G.O Denying Benefit
The Supreme Court on Wednesday (13.09.203) granted the benefit of revised UGC pay scale as per a 1999 Karnataka Government Order (G.O) to two Physical Education instructors with retrospective effect from 1st January 1996, despite a 2008 G.O that stated that the revised UGC pay scale was to be notionally extended from 27th July 1998. The Apex Court extended such benefit to...
BREAKING | Bar Council Of India Offers To Hold CLAT, Says NLU Consortium Is A Non-Statutory Body
The Bar Council of India on Friday offered to conduct the Common Law Entrance Test (CLAT) for admissions to law schools. The apex lawyers' body said it has mechanism to conduct CLAT in multiple regional languages, as it did for AIBE (All India Bar Examination).The exam is currently conducted by the Consortium of NLUs on rotational basis. BCI said this arrangement amongst the national...
Notion That Migrants & Asylum Seekers Have No Rights Must Change : Justice S Muralidhar
Justice (Retd.) S. Muralidhar, while delivering the keynote address on the topic “Opening Doors to Justice: Prevention of Violence Against Migrant Women” stated that illegal migrants and asylum seeker are the right bearers and stated that the notion that these people have no rights must change. Further, with respect to Article 21 of the Indian Constitution, he noted that the same...