Supreme Court Astounded By Plea To Declare Fundamental Rights As Unconstitutional, Notes The Irony In Petitioner Invoking Article 32

A Division Bench led by Justice K.M. Joseph of the Supreme Court of India on Friday rejected a petition seeking a declaration that the Fundamental Rights enshrined in Part III of the Constitution were "ultra vires the Constitution and void ab initio". The case of the petitioner appearing in person was that the impugned Part was "contradictory to the true spirit of the Preamble...

Supreme Court Extends Tenure Of Judicial Members Of Karnataka Administrative Tribunal Till Further Orders

The Supreme Court, on Monday, in exercise of power under Article 142 of the Constitution of India, directed the incumbent judicial members of the Karnataka State Administrative Tribunal to continue in office till further order, subject to their agreeing to the same. Advocate, Mr. Rajesh Mahale appearing on behalf of the petitioner submitted that at present there is one vacancy...

Indian Olympic Association Constitution : Supreme Court Requests Justice Nageswara Rao To Consider Requirements Of International Olympic Committee (IOC)

The Supreme Court, on Monday, noted that its former Judge, Justice L. Nageswara Rao, appointed to take over the process of amending the sports body's constitution, preparing its electoral rolls, and conducting elections to the executive body of the Indian Olympic Association (IOA), is at liberty to take a holistic perspective while amending the Constitution of the Indian...

Supreme Court Weekly Digest With Nominal And Subject/Statute Wise Index (Citation 815 - 828) [October 1 –9, 2022]

Arbitration and Conciliation Act 1996 - Interest - Party not entitled to interest for the period during which the proceedings were deliberately delayed-A party cannot be permitted to derive benefits from its own lapses. [Para 12 to 14] Executive Engineer (R and B) v. Gokul Chandra Kanungo, 2022 LiveLaw (SC) 824 Arbitration and Conciliation Act, 1996; Section 11 - Court...

"Serious Apprehensions Of Threatening Witnesses" : Supreme Court Asks Gali Janardhan Reddy To Remain Out Of Bellary District During Mining Scam Case Trial

The Supreme Court has refused to completely lift the bail condition imposed on former Karnataka Minister Gali Janardhan Reddy that he should not enter Bellary district while the trial in the multi-crore illegal mining case is going on.However, the Court has granted the mining baron a temporary relief by permitting him to visit and stay at Bellary district till November 6 on account of...

Supreme Court Issues Notice On Plea Challenging Unilateral Extra Judicial Talaqs

Supreme Court bench comprising of Justices S. Abdul Nazeer and J. B. Pardiwala today issued notice on a plea filed seeking to declare all forms of unilateral extra judicial Talaqs including Talaq-e-Kinaya and Talaq-e-Bain as void and unconstitutional for being arbitrary irrational and contrary to Article 14, 15, 21 and 25 of the Constitution of India.Advocate Ashwini Kumar Upadhyay appearing...

How Many Criminal Cases Against MPs/MLAs Pending For Over 5 Years? Supreme Court Seeks Information From High Courts

The Court has also lifted an earlier condition which mandated its permission for transfer of judges presiding over Special MP/MLA Courts.

Supreme Court Pulls Up Rajasthan Govt Over Unsatisfactory Affidavit On COVID-19 Death Compensation

The Supreme Court on Monday pulled up the Rajasthan Government over an "unsatisfactory" affidavit filed regarding the steps on ex-gratia payment to the family members of people who had died due to CoVID-19. The bench observed that, "Affidavit filed by the Rajasthan Government is not satisfactory at all.""State is not doing any charity. There is a direction issued by this court and...

Early Conclusion Of Trial Would Enhance People's Faith In Justice Delivery System : Supreme Court

The Supreme Court has observed that early conclusion of criminal trials would enhance the faith of people in justice delivery system.The bench of Justices MR Shah and Krishna Murari observed thus while disposing an application filed by former Karnataka Minister Gali Janardhan Reddy seeking modification of bail condition to enter, stay and function in the Districts of Bellary in Karnataka...

Courts Today- A Daily Round Up Of Important Legal Developments-10.10.22

...

Supreme Court Refuses To Entertain PIL Seeking To Allow Parental Observation Of Students In Schools

Supreme Court bench comprising Chief Justice UU Lalit and Justice Ravindra Bhat heard a petition concerning parental observation in schools to ensure safety on Monday. The Public Interest Litigation was filed by Advocate M. Purushothaman who sought guidelines for parents to observe students in all schools across the country on a turn-by-turn basis.At the outset, while referring to school...

"Misconceived" : Supreme Court Dismisses PIL Seeking To De-Register Political Parties For Not Publishing Candidates' Criminal Antecedents

The Supreme Court of India on Monday dismissed writ petition seeking directions to the Election Commission of India (ECI) to de-register political parties which fail to publish details regarding criminal cases of its candidates. While dismissing the petition, a Division Bench of Justices SK Kaul and Abhay Shreeniwas Oka observed the petition is "misconceived" as the petitioner did...