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Family Court Cannot Entertain Paternity Claim From Extra-Marital Affair : Supreme Court
The Supreme Court observed that the Family Court lacks jurisdiction to entertain a plea for paternity claim from the extra-marital affairs. The Court observed that since the Family Court's jurisdiction is limited to adjudicating matrimonial causes. Hence, a claim to determine paternity arising out of an extra-marital relationship has to be filed before the regular Civil Court.The...
Supreme Court Asks Union To Consider Bringing Law To Protect Domestic Workers' Rights
The Supreme Court on Wednesday (January 29) directed the Union Government to consider the enactment of a law to protect the rights of domestic workers.A bench comprising Justice Surya Kant and Justice Ujjal Bhuyan directed the Ministry of Labour & Employment and the related Ministries to constitute an expert committee to look into the feasibility of such a law on domestic workers and submit...
“How Can There Be Interim Stay On Discharge? Tomorrow, Courts Will Grant Interim Stay On Acquittal!” Supreme Court Questions HC's Order
The Supreme Court on Tuesday (January 28) questioned the implications of Delhi High Court's decision to grant an ex parte stay on order discharging a murder accused, observing that it effectively subjects the accused to trial without even setting aside the discharge order.A bench comprising Justice Abhay S. Oka and Justice Ujjal Bhuyan was hearing a plea filed by Sikh leader Sudershan...
Supreme Court Reserves Judgment On PIL To Make e-KYC Process Accessible For Acid Attack Survivors & Persons With Blindness/Low Vision
The Supreme Court on Tuesday(January 28) reserved judgment on the two writ petitions seeking directions or guidelines for persons with blindness/low vision and acid attack survivors, respectively, to conduct digital Know Your Customer (KYC)/e-KYC/video KYC.A bench of Justices J.B. Pardiwala and R. Mahadevan heard the two petitions. It directed the parties to file written submissions that...
'Gaping Holes In Prosecution' : Supreme Court Acquits Man Who Was Sentenced To Death For Rape & Murder
The Supreme Court today(January 28) set aside the judgment of the Bombay High Court which upheld the conviction and the death sentence awarded to the Appellant by the Trial Court for the rape and murder of a 23 years old woman which took place in 2014. The Court acquitted the Appellant of all charges on the ground that when the prosecution is relying on circumstantial evidence to draw home...
Case Pendency, High Litigation Cost, Practice Of Falsehoods : CJI Sanjiv Khanna Flags Challenges Faced By Supreme Court
Chief Justice of India, Justice Sanjiv Khanna today (January 28) flagged case pendency, rising litigation costs and lack of integrity amongst lawyers as the three core challenges faced by the Supreme Court in the present times. The CJI addressed these challenges while speaking at the Ceremonial Bench organised to commemorate the closure of the Diamond Jubilee Year (75 years) of the Supreme...
AoR Designated As Senior Advocate Cannot Appear Without Informing Clients Of Sr Designation & Reporting Compliance To Registry: Supreme Court
The Supreme Court on Tuesday emphasized that Advocates on Record (AoRs) who are designated as Senior Advocates must inform their clients about their designation and submit a report to the Registry confirming that alternate arrangements have been made for their clients' representation.The Court stated that failure to comply with this obligation would bar such Senior Advocates from appearing...
Presumption That Husband Is Father Of Child Born During Marriage Not Displaced Even If Wife Had Relations With Another Man : Supreme Court
The Supreme Court today (January 28) reaffirmed that a child's legitimacy determines paternity, emphasizing that a child born during a valid marriage is presumed to be the legitimate offspring of parents who had access to each other at the time of conception. The Court dismissed the argument that legitimacy and paternity are distinct concepts requiring separate determination. It held...
Supreme Court Rejects Sahara Companies' Plea To Recall Order Imposing Rs 10 Lakhs Cost
The Supreme Court recently dismissed an application by Sahara group companies seeking to recall its previous order which imposed heavy costs on 10 group companies and their 20 directors. As per the order, the costs were to be deposited for the Wayanad landslide relief fund.The bench of Justice Sudhanshu Dhulia and Justice KV Chandran rejected the plea and observed that allowing the recall...
'Mullaperiyar Dam Outlasted 2.5 Times Its Life:' Supreme Court Downplays Dam Break Apprehension, Turns Down Urgency Request
While tagging a 2020 PIL relating to the Mullperiyar dam (situated in Kerala but operated by Tamil Nadu) with a connected case pending before a 3-judge bench, Justice Hrishikesh Roy of the Supreme Court dispelled today a claim of urgency in the matter noting that the dam has withstood 130 yrs since its construction (though its life was 50 yrs).Justice Roy played down the apprehension raised...
Women Reservation : Supreme Court Creates Addl Posts In Advocates' Association Bengaluru; Clarifies 8 Yrs Experience Necessary
Invoking its power under Article 142 of the Constitution, the Supreme Court today modified its order reserving posts for women candidates in the elections of Advocates' Association Bengaluru (AAB) and ordered that additional posts of Vice-President and Governing Council members shall be deemed to have been created to accommodate those who had filed nominations by the time the order...