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Bilkis Bano Case Hearing | Remission Is Administrative Order; Precedents Against Third Party Action In Criminal Matters May Not Apply : Supreme Court
Allowing third parties to challenge remission orders in a public interest litigation would set a ‘dangerous precedent’ by opening a ‘floodgate of litigation’, Senior Advocate Rishi Malhotra told the Supreme Court on Wednesday, raising a preliminary objection over the maintainability of the public interest litigation (PIL) petitions filed against the premature release of...
Jammu & Kashmir Case | 2019 Presidential Order Indirectly Amends Article 370, Which Is Impermissible : Gopal Subramanium To Supreme Court [Day 4]
On the fourth day of the Indian Supreme Court's hearing in the batch of petitions challenging the dilution of Article 370 of the Constitution of India, Senior Advocate Gopal Subramanium argued that asymmetric federalism, autonomy, and consent were the three pillars of Article 370. He also stated that the exercise of power under Article 356 could not clothe the Government with legal...
Voters' Names Won't Be Deleted From Electoral Rolls Without Giving Them Prior Notice : Election Commission Tells Supreme Court
After the Election Commission of India affirmed that the names of voters will not be deleted from the electoral rolls without giving them prior notice, the Supreme Court recently disposed of a PIL which challenged the constitutional validity of Rule 18 of the Registration of Electors Rules, 1960.The petitioners, former bureaucrats M.G. Devasahayam, Somasundar Burra, and Aditi Mehta, had...
Our Colleges and Universities Are Indispensable to Our Liberal Democracy:Justice BV Nagarathna
Supreme Court Judge, Justice B.V. Nagarathna delivered the presidential address at the 12th Convocation and Founder’s Day of O.P. Jindal Global University. It was titled: ‘Nurturing our constitutional culture, a high-calling for universities.’At the outset, she congratulated the graduates for going through the academic rigor. Our Colleges and Universities Are Indispensable to Our...
Parliament Passes Digital Personal Data Protection Bill
The Rajya Sabha passed the Digital Personal Data Protection Bill, 2023 today, it was already approved by Lok Sabha on August 07.The Bill seeks “to provide for the processing of digital personal data in a manner that recognises both the right of individuals to protect their personal data and the need to process such personal data for lawful purposes.”It applies to the processing of...
Threatening A Person To Withdraw FIR/Complaint Or Settle Dispute Will Not Attract Offence Under Section 195A IPC : Supreme Court
The Supreme Court observed that threatening a person to withdraw a complaint or FIR or settle the dispute would not attract Section 195A of the Indian Penal Code. The later part of Section 195A makes it very clear that false evidence means false evidence before the Court of law, the bench of Justices B R Gavai and J B Pardiwala observed.In this case, the allegation in FIR is that the...
Supreme Court To Hear Curative Petition Against Judgment That Arbitration Clause In Insufficiently Stamped Agreement Cannot Be Acted Upon
The Supreme Court recently listed a curative petition against its 2020 ruling that had held that an arbitration clause in an insufficiently stamped agreement cannot be acted upon by court, for open court hearing on 24th August 2023. A bench comprising of Chief Justice DY Chandrachud, Justice Sanjay Kishan Kaul, Justice Sanjiv Khanna, Justice B R Gavai and Justice Surya Kant issued notice in...
Insurance Companies Must Deal In A Bonafide & Fair Manner ; Should Not Just Care For Its Own Profits : Supreme Court
The Supreme Court observed that an insurance is expected to deal with the insured in a bonafide and fair manner and should not just care for and cater to its own profits.It is the duty of the insurance company to disclose all material facts within their knowledge since the obligation of good faith applies to both equally, the bench of Justices AS Bopanna and Sanjay Kumar observed.In this...
Kerala Govt Decision To Appoint Justice Manikumar As SHRC Chairperson Raises Questions
The Kerala Government’s decision to appoint Justice S Manikumar as the Chairperson of the State Human Rights Commission within a few months of his retirement as the Chief Justice of the Kerala High Court raises questions.Post-retirement appointments, which take place soon after retirement, cast a cloud on the perception of judicial independence. Justice Manikumar had a fairly long stint as...
S 482 CrPC - High Court Can Try To Read In Between The Lines While Considering Plea To Quash FIR : Supreme Court
The Supreme Court observed that, a High Court, while considering a petition seeking quashing of FIR/Criminal Proceedings under Section 482 CrPC, is empowered to take into account the overall circumstances leading to the initiation/registration of the case as well as the materials collected in the course of investigation."In frivolous or vexatious proceedings, the Court owes a duty to look...
Supreme Court Judge Justice PK Mishra Recuses From Hearing Umar Khalid's Bail Plea In Delhi Riots Larger Conspiracy Case
The Supreme Court on Wednesday adjourned the hearing of the bail application of former JNU scholar and activist Umar Khalid in Delhi riots larger conspiracy case after Justice Prashant Kumar Mishra recused.The matter was listed before a bench comprising Justices AS Bopanna and Prashant Kumar Mishra. As soon as the matter was taken, Justice Bopanna said, "This will come before some other...
Article 370 Case : Live Updates From Supreme Court [Day 4]
A Constitution Bench of the Supreme Court will continue its hearing today in the petitions challenging the decision of the Central Government to scrap the special status of Jammu and Kashmir by diluting Article 370 of the Constitution.A bench comprising Chief Justice of India DY Chandrachud, Justice Sanjay Kishan Kaul, Justice Sanjiv Khanna, Justice BR Gavai and Justice Surya Kant will hear...