Supreme Court Provides Protection To 20-Year Old Girl From Her Own Family Members

The Supreme Court on Wednesday directed the Delhi police to provide protection to a 20-year old girl who expressed apprehension that there was a threat to her life caused by her own family members. In 2022, the girl had been granted a "right to live her life on her own" by Madhya Pradesh High Court after she stated that she did not wish to live with her family. The case before the vacation...

Hiba: Gift Under Muslim Law- Questions & Answers By Justice V Ramkumar [Part-VI]

Q.20 What is the position regarding a “gift with a condition” ? Ans. If the condition superadded to the grant which has been made absolute, derogates from the absoluteness of the grant, the condition will be invalid and not the grant. (this aspect has already been dealt with under Q. No: 10.3) Q.21 Can there be gift of a “life-estate” under Muslim Law ? Ans. ...

Breaking | Lawyer's Plea Against Permanent Benches Of Karnataka High Court At Dharwad & Kalaburagi Dismissed

The Karnataka High Court on Tuesday dismissed a public interest litigation seeking to strike down as unconstitutional the orders establishing permanent benches of the High Court at Dharwad and Kalaburagi (earlier Gulbarga).A division bench of Justice B Veerappa and Justice K S Hemalekha observed that the benches had in fact rendered "distributive justice" to all the regions and thus, the...

State Doesn't Owe Loyalty To Any One Religion; Constitution Doesn’t Allow Preferential Treatment To Religious Majority: Justice BV Nagarathna

The State does not owe loyalty to any one religion and the Constitution requires that the religious majority in the country shouldn’t enjoy any preferential treatment, Supreme Court Judge Justice BV Nagarathna underscored on Tuesday. “Secularism in the sense that it meant under the Indian Constitution is that the State does not owe loyalty to any one religion. The State equally respects...

Supreme Court Criticises "Trend" Of Seeking Bail In Money Laundering Cases Under Guise Of Challenging PMLA Provisions

The Supreme Court on Tuesday criticised the trend of petitioners bypassing other remedies and filing Article 32 petitions before the Apex Court to directly challenge summons or seek bail under the pretence of challenging the provisions of the Prevention of Money Laundering Act (PMLA). The vacation bench comprising Justice Bela M Trivedi and Justice Prashant Kumar Mishra was hearing a batch...

Judicial Independence Demands Judges Be Insulated From Political Pressures : Supreme Court Judge Justice BV Nagarathna

Justice BV Nagarathna on Tuesday opined that in order to uphold judicial independence, Judges must be free from partiality and political pressures. “Independence of the Judiciary is one of the most cherished ideals of the Constitution. Judicial independence demands that judges need to be impartial and insulated from political pressures. In my personal view, ultimately it is the personality...

Lawyers' Body Moves Supreme Court Seeking 2 Years Cooling Off Period For Retired Judges To Accept Post-Retirement Appointments

Amid mounting criticism over retired judges accepting post-retirement sinecures, a public interest litigation (PIL) petition has been filed seeking a ‘cooling off’ period of two years before any retired judge of the Supreme Court or high courts can accept a political appointment. The petition has been filed by the Bombay Lawyers Association with the objective of “upholding...

Fact That Co-Accused Has Not Surrendered Cannot Be A Ground To Deny Bail : Supreme Court

The Supreme Court recently observed that an accused cannot be denied bail on the sole ground that the co-accused has not surrendered. The Court was considering a bail application filed by an accused who was under custody for offences under the Narcotic Drugs and Psychotropic Substances Act, 1985. It noted that the sole reason which weighed with the High Court for denying bail was that...

AFT Orders Disability Pension To Army Personnel Injured While Procuring Railway Tickets To Return To Posting, Says It Is 'Incidence Of Service'

The Armed Forces Tribunal (AFT) Jammu recently ordered disability pension to an army personnel who got injured while travelling to the railway station to book tickets for returning to a military unit. It was of the view that the accident is connected with the service and can thus be considered an 'incidence of service' when assessing an application for the approval of disability...

“Nobody Can Have Luxury In Jails”: Supreme Court

The Supreme Court on Tuesday remarked that it’s impossible for anyone to expect luxury in jails. “Nobody can have luxury in jails”, a Bench headed by Justice Bela Trivedi orally observed while hearing a plea filed by Harsh Dev Thakur seeking temporary bail in a case of financial fraud. The Court was prompted to pass this comment after the counsel appearing for petitioner pressed for...

[BAIL] Questions & Answers By Justice V. Ramkumar- Anticipatory Bail [Part-I]

Q.1 What are the judicially settled principles to be borne in mind in the matter of anticipatory bail ? Ans. In Sushila Agarwal v. State (NCT of Delhi) (2020) 5 SCC 1 – 5 Judges – Arun Mishra, Indira Banerjee, Vineeth Saran, M. R. Shah, S. Raveendra Bhat – JJ, a Constitution Bench of the Supreme Court of India laid down the following principles:-(a) The term...

IIT- JEE Advanced | Supreme Court Dismisses Plea Against Eligibility Criteria Of 75% Marks In Class 12

The Supreme Court on Monday dismissed a challenge against a rule requiring JEE Advanced candidates to have at least 75 per cent aggregate marks in Class XII (or equivalent) Board examination, which was waived during the COVID-19 pandemic but subsequently revived. A bench of Justices Sudhanshu Dhulia and KV Viswanathan was hearing a plea challenging an eligibility criterion for taking...