Article 370 | Petitioners Banking On A 'Sinking Crown', No Residuary Power Remains With J&K: Respondents Argue [Day 14]

The fourteenth day of the Article 370 pleas before the Constitution bench of the Supreme Court saw arguments raised by the respondents pertaining to the powers of the President to abrogate Article 370 and the recommendatory power of the Constituent Assembly of J&K. The bench comprising CJI DY Chandrachud, Justices Sanjay Kishan Kaul, Sanjiv Khanna, BR Gavai, and Surya Kant was hearing...

Manipur Violence | Following Supreme Court's Direction, Gauhati High Court Designates Courts To Hear CBI Cases

Following the directions issued by the Supreme Court on August 25, the Gauhati High Court on Friday issued a notification designating courts to ensure the hearing of cases related to ethnic violence in Manipur.The following Courts have been designated to deal with the matters in respect of the cases which have been transferred to the Central Bureau of Investigation (CBI) for investigation in...

Expressing Serious Concern, Supreme Court Asks Patna HC CJ To Look Into Delay In Uploading Court Order

The Supreme Court on Friday directed the Chief Justice of the High Court of Patna to took look into certain irregularities in uploading an order of the High Court. The Top Court said that the issue raised 'serious concerns' and directed the High Court Chief Justice to take necessary steps in this regard. A division bench of Justice S. Ravindra Bhat and Justice Aravind Kumar was considering...

Bombay High Court Monthly Digest: August 2023

Nominal Index [Citation 351 – 399]Latif Yusuf Manikkoth v. Board of Directors of the Bank of Baroda and Ors. 2023 LiveLaw (Bom) 351Hanuman S/o Dattarao Karkar and Ors. v. State of Maharashtra 2023 LiveLaw (Bom) 352Chief Executive Officer, Zilla Parishad, Ahmednagar and Anr. v. Suraiyya Rafik Khalifa and Ors. 2023 LiveLaw (Bom) 353The Goa Foundation v. State of Goa and Ors. 2023 LiveLaw...

Exploiting Partner, Not Trying To Alleviate Sufferings May Attract S.306 IPC: Court Refuses To Discharge Boyfriend In Pratyusha Banerjee Suicide Case

Exploiting one's partner to an extent that they express the desire to not live and not taking any steps to alleviate their sufferings may attract the offence of abetment of suicide, the Sessions Court held while refusing to discharge event planner Rahul Raj Singh accused of abetting starlet Pratyusha Banerjee’s suicide in 2016.Additional Sessions Judge SJ Ansari prime facie observed...

Supreme Court Seeks TN Govt View On Plea Against HC Allowing Transfer Of Archakas From One Agamic Temple To Another

The Supreme Court recently sought the response of the state of Tamil Nadu regarding transfer of temple Archaka(pujair/priest) from one Agamic Temple to another Agamic Temple and the role required to be played by the appointing authority, in the absence of an elected trustee.A bench Justice M.M. Sundresh And Justice J.B. Pardiwala issued notice in a plea challenging the order of the Madras...

Protection Of SC/ST Act Not Limited To States Where Victims Are Recognized As SCs/STs, It Applies Wherever Offence Is Committed : Bombay High Court

The Bombay High Court has ruled that the protection to members of Scheduled Castes or Scheduled Tribes (SC/ST) under the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act (Atrocities Act) can't be limited to states where they are officially recognized as such.A Full Bench of Justice Revati Mohite Dere, Justice Bharati Dangre, and Justice NJ Jamadar held that even if a...

Courts Remain Silent Spectators As Minorities Remain In Fear Amidst Rise Of Illiberal, Communal Forces: Justice(Retired) AP Shah

Justice(Retired) AP Shah recently expressed concerns over the rise of ‘illiberal and communal’ forces in the country, fuelled by extremist ideologies, and the attendant culture of hate, polarisation, and vilification of minorities, particularly Muslims, taking root across the nation. He also raised apprehensions about the weakening of formal institutions like the courts in India, as...

Cauvery River Dispute| CWMA Files Report Before Supreme Court Regarding Discharge Of Water By Karnataka To Tamil Nadu

The Cauvery Water Management Authority (CWMA) in an affidavit filed on Thursday (31st August) has told the Supreme Court that it has been informed by the State of Karnataka that a total of 149898 cusec of water has been discharged at Biligundulu from 12.08.2023 to 26.08.2023. The Tamil Nadu government had approached the Supreme Court on August 14, 2023 seeking its intervention in...

Supreme Court Grants Interim Protection To Broadwell Christian Hospital Society Chairperson and Others In FIRs Under UP Anti-Conversion Law

The Supreme Court on Friday issued notice on a plea by the chairperson of Broadwell Christian Hospital Society in Uttar Pradesh’s Fatehpur and others accused in a forceful religious conversion case. The Court also granted petitioners protection from any coercive action in the interim. A bench of Chief Justice DY Chandrachud and JB Pardiwala was hearing their petition challenging a...

Child From Void/Voidable Marriage Cannot Be Treated As Coparcener By Birth In Mitakshara Hindu Undivided Family : Supreme Court

The Supreme Court, while holding that a child born from a void or a voidable marriage is entitled to parents' share in a Hindu Undivided Family(HUF) governed by Mitakshara law, clarified that such a child cannot be treated as coparcener by birth in the HUF."If a person born from a void or voidable marriage to whom legitimacy is conferred by sub-sections (1) or (2) of Section 16 [of the...

Supreme Court Refuses To Entertain BJP Candidates' Plea Accusing Congress Of Distributing Gift Cards In Karnataka Elections

The Court allowed the petitioners to pursue alternate remedies.