Law Commission's Report Against Uniform Civil Code Has A "Shaky" Foundation", Says Supreme Court While Refusing To Entertain Plea For UCC

The Supreme Court bench comprising Chief Justice of India U.U. Lalit and Justice J.B. Pardiwala, on Friday, refused to entertain a petition seeking a Uniform Civil Code for India. However, the bench orally remarked that the report of the Law Commission of India which had stated that a Uniform Civil Code was undesirable was based on a judgement which had been twice doubted by the Supreme Court...

Article 142 Can't Be Invoked To Dissolve Marriage On Ground Of Irretrievable Breakdown : Sr Adv Dushyant Dave To Supreme Court

Senior Advocate Dushyant Dave on Thursday(September 29) told a Constitution Bench of the Supreme Court that the power under Article 142 could not at all be exercised to dissolve marriages, since express statutory provisions for divorce had already been provided by the Parliament in its wisdom. Lamenting the weakening of the institution of the family, Dave argued that it was not...

Can HC Quash Sexual Assault Case Against Minor Based On Compromise Between Parties? Supreme Court To Examine, Appoints R Basant As Amicus

A Supreme Court bench comprising Chief Justice U.U. Lalit and Justice J.B. Pardiwala heard a petition challenging a High Court's decision of exercising its powers under Section 482 of CrPC and quashing criminal proceedings against a person accused of outraging a minor girl's modesty based on a compromise reached by the parties. The bench has listed the matter for 31st October and appointed...

Supreme Court Doubts 2015 Judgment Which Directed RBI To Disclose Defaulters List; Says It Might Affect Customers' Privacy

The Supreme Court on Friday expressed prima facie doubts about its 2015 judgment in the case Reserve Bank of India v Jayantilal N. Mistry which had held that the Reserve Bank of India was obliged to disclose defaulters list, inspection reports, annual statements etc., related to banks under the Right to Information Act.A two-judge bench comprising Justices BR Gavai and CT Ravikumar prima...

Time Limit Specified In Agreement Can't Be Ignored While Allowing Specific Performance : Supreme Court

The Supreme Court observed that time limit(s) specified in the agreement cannot be ignored altogether by the Court while excercising its discretition to grant specific performance.In this case, the defendant executed an agreement of sale in favour of the plaintiff for sale of the suit property. The agreement of sale provided that in the event the permission from the ULC Authorities was...

Judgment Or Decree Obtained By Fraud Is To Be Treated As A Nullity : Supreme Court

The Supreme Court observed that a judgment or decree obtained by fraud is to be treated as a nullity.Non-disclosure of the relevant and material documents with a view to obtain an undue advantage would amount to fraud, the bench of Justices BR Gavai and CT Ravikumar observed.In this case, the Allahabad High Court had set aside the order passed by the Deputy Collector, Rasoolabad cancelling...

Supreme Court Issues Notice On Asaduddin Owaisi's Plea Challenging Bail Granted To Persons Accused Of Attacking Him

The Supreme Court on Friday issued limited notice on the petition filed by Member of Parliament Asaduddin Owaisi challenging the order of Allahabad High Court granting bail to two persons accused of firing at his vehicle on February 3 this year.The limited notice is issued to consider whether the High Court should be asked to reconsider the matter. The Hyderabad MP has taken an argument that...

AIADMK Rift : Supreme Court Issues Notice On O Paneerselvam's Plea, E Panaliswami Agrees To Not Hold General Secretary Elections Till Court Decision

The Supreme Court on Friday issued notice on a petition filed by AIADMK leader and former Tamil Nadu Chief Minister O Paneerselvam challenging the Madras High Court's direction which allowed Edappadi Palaniswami to continue as the interim General Secretary.A bench comprising Justices MR Shah and Krishna Murari posted the petition for hearing on November 21.Senior Advocate C Aryama...

"No Scientific Evidence To Prove Shah Jahan Built Taj Mahal" : Plea In Supreme Court Seeks "Real History" Of Taj Mahal

A petition has been filed in the Supreme Court seeking the constitution of a fact finding committee to study the "real history of Taj Mahal and to put to rest the controversy and clarify its history".According to petitioner Dr.Rajneesh Singh, though it has been stated that the Taj Mahal was built by Mughal emperor Shahjahan for his wife Mumtaz Mahal for over a period of 22 years from 1631...

BREAKING| Lion Statue Atop New Parliament Building Does Not Violate State Emblem Act : Supreme Court

The Supreme Court on Friday held that the lion sculpture installed atop the new Parliament building under construction as part of the Central Vista project does not violate the State Emblem of India (Prohibition of Improper Use) Act, 2005.Holding so, a bench comprising Justices MR Shah and Krishna Murari dismissed a PIL filed by two lawyers who claimed that the new sculpture is contrary to...

Is Arbitration Clause In Unstamped Contract Valid? Supreme Court Constitution Bench Appoints Senior Advocate Gourab Banerji As Amicus

A Constitution Bench of the Supreme Court, on Thursday(September 29), appointed Senior Advocate, Mr. Gourab Banerji as an Amicus Curiae to assist the Apex Court with the issue, whether the arbitration clause in a contract, which is required to be registered and stamped, but is not registered and stamped, is valid and enforceable. Justice Rastogi asked Mr. Banerji to name three young...

SC Collegium Recommends Elevation Of Justice PB Varale As Karnataka HC Chief Justice; Recommends New CJs For Orissa, J&K

The Supreme Court Collegium has recommended elevation of Bombay High Court Judge, Justice Prasanna B. Varale as the Chief Justice of Karnataka High Court.The Collegium also recommended to elevate of Orissa High Court Judge, Justice Jaswant Singh, as its Chief Justice.J&K High Court's Judge, Justice Ali Mohammad Magrey, has also been recommended to take charge as the Chief...