Supreme Court Weekly Round-Up

Devotion Cannot Be Subjected To Gender Discrimination, SC Allows Women Entry In Sabarimala By 4:1 Majority; Lone Woman In The Bench Dissents [Indian Young Lawyers’ Association & Ors. V. State of Kerala & Ors.]The Supreme Court delivered one of the most keenly awaited judgment in Sabarimala case. by a 4:1 majority, the Court has permitted entry of women of all age groups to the Sabarimala temple, holding that ‘devotion cannot be subjected to gender discrimination’. The lone woman in the bench, Justice Indu Malhotra, dissented. ‘Husband Is Not The Master Of Wife’, SC Strikes Down 158 Year Old Adultery Law Under Section 497 IPC [Joseph Shine V. Union of India] The Supreme Court struck down 158 year old Section 497 of the Indian Penal Code, which criminalizes adultery, as unconstitutional. “Any provision of law affecting individual dignity and equality of women invites wrath of constitution. It’s time to say that husband is not the master of wife. Legal soverignity of one sex over other sex is wrong”, read out Chief Justice Misra from the judgment written for himself and Justice A M Khanwilkar. The judgment held Section 497 to be “manifestly arbitrary”. Sections 33(2),47 & 57 Of Aadhaar Act Struck Down; National Security Exception Gone; Private Entities Cannot Demand Aadhaar Data [Justice K. S. Puttuswamy (Retd) & Another V. Union Of India and Others]The judgment of Justice Sikri in the Aadhaar case struck down Sections 33(2) and 57 of the Aadhaar(Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act 2016. The judgment authored by Justice A K Sikri, has concurrence of Chief Justice Dipak Misra and Justice A M Khanwilkar.Sunlight Is The Best Disinfectant: SC Allows Live-Streaming Of Court Proceedings In Larger Public Interest [Swapnil Tripathi V. Supreme Court of India]Supreme Court of India held that the Court proceedings shall be live-streamed in the larger public interest. The Bench has said that appropriate Rules in that regard will be framed soon under Article 145 of the Constitution of India. Not A Case Of Arrest For Dissent, SC Turns Down Plea For SIT In Bhima Koregaon Case By 2:1 Majority, Chandrachud.J Dissents [Romila Thapar & Ors. V. Union of India & Ors.]The Supreme Court on Friday, in a majority judgment authored by Justice A. M. Khanwilkar on behalf of Chief Justice Dipak Misra and himself, declined the prayer for a SIT probe into the Bhima-Koregaon violence and the chain of events leading to it.Place Of Arbitration Doesn’t Ipso Facto Assume The Status Of Seat [Union of India vs. Hardy Exploration and Production (India) INC]Explaining the difference between ‘Venue’, ‘Place’ and ‘Seat’ of Arbitration, the Supreme Court held that place of arbitration does not ipso facto assume the status of its seat. A three-judge bench comprising Chief Justice Dipak Misra, Justice AM Khanwilkar and Justice DY Chandrachud observed that ‘venue’ cannot be equated with the seat of arbitration or place of arbitration which has a different connotation. Can’t Restrict MPs And MLAs From Practicing Law [Ashwini Kumar Upadhyay V. Union of India]Supreme Court on Tuesday dismissed a petition seeking a declaration that a person cannot be permitted to perform the dual role of a lawyer and a legislator (MP/MLA). The three Judge Bench comprising Chief Justice of India Dipak Misra, Justice AM Khanwilkar and Justice DY Chandrachud was pronouncing the Judgment on a petition filed by BJP leader and Advocate Ashwini Kumar Upadhyay. Stay Of Conviction By Appellate Court Will Remove The Disqualification Of Mps And MLAs U/S 8 Of RP Act [Lok Prahari through its General Secretary S. N. Shukla V. Election Commission of Inida & Ors.]The Supreme Court on Wednesday affirmed that once the conviction of an MP or MLA has been stayed by the appellate court under section 389 of the Cr. P. C., the disqualification under sub-sections 1, 2 and 3 of Section 8 of the Representation of the People’s Act, 1951 will not operate.Candidates Cannot Be Disqualified On Framing Of Charges In Criminal Case [Public Interest Foundation &Ors V. Union of India& Anr]The five-judge Constitution Bench of the Supreme Court held that candidates cannot be disqualified merely because charges have been framed against them in a criminal case. The bench has urged the legislature to consider framing law to ensure decriminalisation of politics.Fraud Not Necessary Element For Passing Off If The Defendant Has Imitated Or Adopted The Plaintiff’s TrademarkThe Supreme Court observed that though passing off is, in essence, an action based on deceit, fraud is not a necessary element of a right of action, and that the defendant’s state of mind is wholly irrelevant to the existence of a cause of action for passing off, if otherwise the defendant has imitated or adopted the plaintiff’s mark.Accused Is Entitled To Default Bail Even If Charge Sheet Returned Due To Technical Reason, No Court Can Extend Remand Period U/S 167(2) Beyond 90 Days [Achpal @ Ramswaroop &Anr...

Supreme Court Weekly Round-Up

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