'Acting Like A Panchayat Than A Constitutional Court' : Dr Anuj Bhuwania On SC Order On Farmers Protests, Abuse Of PILs

The Supreme Court's order to constitute a committee for negotiation of farmers protests and to stay the implementation of the controversial farm laws pending talks is 'devoid of any legality', said legal scholar Dr.Anuj Bhuwania.In an interview with Hamza Lakadwala for LiveLaw, Dr.Bhuwania spoke at length about the decline of judicial review and the arbitrariness in the PIL...

Giving Freedom Some Breathing Space: The Allahabad High Court's Landmark Judgment On Notice Under Special Marriage Act

Yesterday, a single judge of the Allahabad High Court handed down an important judgment reading down Sections 4 & 5 of the Special Marriage Act, which requires couples to notify Marriage Officers one month in advance of their marriage, and for Marriage Officers to publicise such a notification. The SMA allows for any person to "object" to the marriage on the basis that it (allegedly) violates provisions of the Act (Section 7). The case – Safiya Sultana v State of UP – came to the Court as a...

Allahabad HC Verdict Comes As Saviour For Inter-Religious Couples Caught Between Special Marriage Act & UP Anti-Conversion Ordinance

The landmark verdict delivered by the Allahabad High Court to remove the mandatory publication of notice under the Special Marriage Act 1954(SMA) makes a mention of the problematic Uttar Pradesh Ordinance which criminalizes religious conversion for marriage.Coming amid a surcharged atmosphere created by rampant arrests under the Uttar Pradesh Prohibition of Unlawful Conversion of Religion Ordinance, the judgment, which makes it easier for couples to register marriage under the secular law, is...

Breaking: Mandatory Publication Of Notice Of Intended Marriage Under Special Marriage Act Violates Right To Privacy: Allahabad High Court

In an important judgment, Allahabad High Court has held that requirement of publication of notice of intended marriage under Section 6 and inviting/entertaining objections under Section 7 of the Special Marriage Act is not mandatory.Justice Vivek Chaudhary observed that making such publication mandatory would invade in the fundamental rights of liberty and privacy, including within its...

'Decriminalizing Adultery May Cause Instability In Armed Forces As Personnel Stay Away From Family' : Centre Seeks Clarification Of Joseph Shine Judgment

The Supreme Court on Wednesday issued notice on Centre's application for clarification that its 2018 judgment decriminalising adultery under IPC should not apply to the Armed Forces where a personnel can be cashiered from service on grounds of "unbecoming conduct" for committing adultery with a colleague's wife.Issuing notice, the bench headed by Justice Rohinton Nariman observed that...

GST Authorities' Power Of Arrest Under CGST Act Prima Facie Constitutional : Delhi High Court

The Delhi High Court has expressed a prima facie view to uphold Sections 69 and 132 of the Central Goods and Service Tax (CGST) Act provision which gives the authorities the power to arrest any person if there exists a "reason to believe" that the person has committed tax evasion.A Division Bench of Justices Manmohan Singh and Sanjeev Narula was hearing a plea preferred by a man and a...

Courts This Week- A Weekly Round Of Important Legal Developments In The Country [Episode-47]

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SC/ST Act: Allahabad HC Issues Directions Regarding Timely Service Of Notice Of Bail Pleas To Victim & Placing Of Same Before Court

While hearing the concerns of parties that certain anomalies in the practices of hearing of bail applications/bail appeals under 'The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989', the Allahabad High Court on Monday (11th January) issued certain directions regarding placing of bail application/bail appeal under the Act before the Court and timely delivery...

Supreme Court Forms Committee To Negotiate On Farm Laws With Members Supporting Farm Laws Implementation

The Supreme Court on Tuesday constituted a 4 member committee for the purpose of holding talks between the Central Government and the farmers to resolve the protests over the three contentious farm laws.A notable feature of the composition is that all four members have expressed open views in support of the implementation of the farm laws.Bhupinder Singh Mann, National President, Bhartiya...

'Khalistanis Have Infiltrated Farmers Protests', Says Attorney General; Supreme Court Seeks Affidavit

The Supreme Court on Tuesday sought an affidavit from the Central Government on the alleged presence of banned organizations among the farmers protesting against the three farm laws, after the Attorney General submitted that "Khalistanis have infiltrated the protests".The Attorney General KK Venugopal submitted that he will file the affidavit by tomorrow along with the necessary inputs from...

LIFE Mission Case Suggests Involvement Of High Officials; But Criminal Liability Can't Be Extended To Political Executive : Kerala HC Rejects Challenge Against CBI Probe

The Kerala High Court on Tuesday dismissed the petitions filed by the CEO of Life Mission Project of Kerala Government and Santhosh Eappen, the MD of the contractor company, challenging the CBI investigation into the case related to alleged corruption and FCRA violations in the construction of apartments for the homeless at Wadakkanchery as part of the LIFE Mission project.The Court however...

Whether Non-Payment Of Stamp Duty On Commercial Contract Will Invalidate Arbitration Agreement? Supreme Court Refers Issue To Constitution Bench

A three judge bench of the Supreme Court has observed that non-payment of stamp duty on the commercial contract will not invalidate the arbitration agreement.Disagreeing with two earlier judgments in this regard, the bench comprising Justices DY Chandrachud, Indu Malhotra and Indira Banerjee referred the following question to the Constitution Bench."Whether the statutory bar contained in...