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Supreme Court Allows Amendment Of BCCI Constitution; Cooling Off Period Only After Two Consecutive Terms At BCCI Or State Association For Respective Levels
The Supreme Court, on Wednesday, allowed the amendments proposed to the Constitution of the Board of Cricket Control of India (BCCI) to relax the mandatory cooling off period requirement.Now, the cooling off period of 3 years will apply only if a person serves two consecutive terms at the BCCI or the State Association. Also, the cooling off period requirement will apply at that particular...
Simple & Necessary Inquiry To Be Conducted While Examining Prima Facie Case For Discharge U/Sec 227 CrPC: Supreme Court
The Supreme Court observed that a simple and necessary inquiry can be conducted while considering discharge plea to find out whether a prima facie case is made out.The threshold of scrutiny required to adjudicate an application under Section 227 Cr.P.C. is to consider the broad probabilities of the case and the total effect of the material on record, including examination of...
Allowing Foreign National To Practice Law In India : Bar Council Of India Seeks Views Of State Bar Councils
The Bar Council of India has sought the views of the State Bar Councils seeking their views regarding allowing a Korean citizen, who completed law education in India, to enrol as an advocate in India.The BCI has sent a letter to State Bar Councils in this regard seeking their views and through them, the views of the Bar Associations as well. The issue relates to the enrolment of one Mr....
Question Of Essential Religious Practice Does Not Arise If Hijab Is Shown To Be Bonafide Practice In Muslim Women: Sr Adv Rajeev Dhavan Tells Supreme Court [Day-5]
The Supreme Court is continuing hearing in the batch of petitions challenging the Karnataka High Court's judgment which upheld the ban on wearing hijab by Muslim girl students in some schools and colleges in the State. Today is the fifth day of hearing by bench comprising Justices Hemant Gupta and Sudhanshu Dhulia.Today, Senior Advocate Rajeev Dhavan appearing for the Petitioners argued that...
Second Appeal Jurisdiction U/Sec 41 Punjab Courts Act 1918 Cannot Be Exercised For ReÂappreciation Of Evidence: Supreme Court
The Supreme Court observed that second appeal jurisdiction under Section 41 of the Punjab Courts Act 1918, cannot be exercised for reÂappreciation of evidence. "Though it is not necessary to formulate a substantial question of law, the jurisdiction under Section 41 of the Punjab Act would permit only such decisions to be considered in second...
Hijab Ban- Supreme Court Hearing- DAY-5 Live Updates
Supreme Court bench comprising Justices Hemant Gupta and Sudhanshu Dhulia will hear a batch of petitions challenging the ban on wearing Hijab in educational institutions in Karnataka.A batch of 23 petitions is listed before the bench. Some of them are writ petitions filed directly before the Supreme Court seeking the right to wear hijab for Muslim girl students. Some others are special...
Avoid Hyper-technical Approach In Deciding Juvenility Claim; If Two Views Possible, Lean In Favour Of Accused : Supreme Court
Revealing a rather unpleasant truth, the Supreme Court of India on Monday lamented that once children are caught in the web of adult criminal justice system, it is difficult for them to get out of it unscathed.A Bench of Justices Dinesh Maheshwari and JB Pardiwala further observed that awareness about child rights and correlated duties remain low among the functionaries of the juvenile...
EWS Reservation- Supreme Court Constitution Bench Hearing DAY 2- LIVE UPDATES
The Supreme Court Constitution Bench will commence the hearing on the cases challenging the constitutional validity of reservation for economically weaker section of citizens. The petitions challenge the validity of Constitution (103rd) Amendment Act 2019. Economic reservation in jobs and education was proposed to be provided by inserting clause (6) in Articles 15 and 16 of the...
Specific Performance Cannot Be Granted Against Defendant By Compelling Him To Enter Into Agreement With A Third Party: Supreme Court
The Supreme Court observed that a Court cannot grant the relief of specific performance against a person compelling him to enter into an agreement with a third party and seek specific relief against such a third party.In this case, the specific performance of the Agreement in question comprised of two parts namely, (i) the defendant entering into an agreement with his...
No Power To De-recognize Political Party If Its Members Make Hate Speeches : Election Commission To Supreme Court
The Election Commission of India has told the Supreme Court that it does not have the legal power to withdraw the recognition of a political party or disqualify its members, if a party or its members indulge in hate-speech.In the counter-affidavit filed in response to a PIL seeking measures to curb hate speech, the Commission pointed out that the Supreme Court had in the case Pravasai...
No Adequate Time To Hear Miscellaneous Matters In New Listing System : Supreme Court Bench
A Supreme Court bench comprising Justices Sanjay Kishan Kaul and Abhay Oka has observed that the new listing system leaves less time to hear miscellaneous hearing matters.According to the new listing system, regular hearing matters are taken in the forenoon session and miscellaneous matters are listed in the afternoon session on non-miscellaneous days (Tuesdays, Wednesdays and...