"Should The Speaker Ignore The Fact That MLAs Flew To Mumbai In A Chartered Plane Owned by a BJP MP?":Rajeev Dhavan In Karnataka MLAs Case

In the second day of hearing in the Karnataka MLAs disqualification case, Solicitor General Tushar Mehta on Thursday suggested that the new Speaker of the Karnataka Legislative Assembly can take a fresh call on their disqualification after hearing the aggrieved MLAs. "An ex parte finding was recorded. I believe the conclusion would not bind the new Speaker. The new Speaker would record a...

[Orissa Lawyers' Strike] "We Have Little Doubt That The Conduct Of Lawyers Amount To Contempt";SC Summons HCBA President And State Bar Council Chairman

Stating that it had little doubt that the conduct of the lawyers at Orissa, who have been boycotting the Chief Justice's court, amounted to contempt, the Supreme Court today issued notices to the Chairman of the Orissa State Bar Council and the President of the Orissa High Court Bar Association, with directions to appear in person. "We have a little doubt that conduct of the lawyers...

'Can A Fundamental Right Under Art 19 Or 21 Of Constitution Be Claimed Other Than Against State Or Its Instrumentalities?' SC Frames Issues

The Constitution Bench of the Supreme Court on Thursday discussed the framing of issues in the Kaushal Kishor case.Senior Advocate Harish Salve, who has been appointed as an amicus curiae in the case, told the bench :"If you are holding a constitutional office, you have to give up some rights"Salve also mentioned that judges too exercise restraint by virtue of their office."There are all...

498A IPC-Criminal Complaint Cannot Continue After Settlement Between Parties In Marital Disputes : SC [Read Order]

The Supreme Court has held that a criminal complaint made u/s 498A and Dowry Prohibition Act cannot continue if the parties have amicably settled the matter. The order passed by a bench of Justices A.M.Khanwilkar and Dinesh Maheshwari found that the High Court despite the arrangement arrived at between the parties declined to quash the proceedings. It was held that the High Court should...

SC Allows Centre's Plea To Recover Adjusted Gross Revenue Of Rs 92k cr From Telecom Companies [Read Judgment]

In a setback to telecom service providers, the Supreme Court on Thursday allowed the Centre's plea to recover adjusted gross revenue (AGR) of about Rs 92,000 crore from them.A three-judge bench, headed by Justice Arun Mishra, upheld the definition of adjusted gross revenue formulated by the Department of Telecom (DoT)."We have held that the definition of AGR will prevail," the bench,...

Posterity Will Not Forgive Me If I Recuse; Justice Arun Mishra Says Non Recusal Is In Interest Of Judiciary [Read Order]

The order of the Supreme Court rejecting the prayer for recusal of Justice Arun Mishra from heading the Constitution Bench formed to settle the interpretation of Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Resettlement and Rehabilitation Act, is out.In his order, Justice Mishra explains why he has chosen not to recuse. The judge said that the non...

J&K Lockdown :How Long Restrictions Will Continue, SC Asks Centre; Hearing Adjourned Till Nov 5

The Supreme Court on Thursday adjourned till November 5 the hearing of petitions challenging communication blockade and lockdown measures imposed in Jammu and Kashmir in the wake of the abrogation of the state's special status on August 5.Justice Ramana, heading the bench, orally asked Solicitor General how long the restrictions will continue."How many day will the restrictions...

State Consumer Commission Cannot Set Aside Ex-Parte Order: Reiterates SC [Read Order]

Samaresh Prasad Chowdhury, judicial member of WB State Commission assailed a High Court order which contained adverse remarks against him.

Should Anticipatory Bail Protection Be For A Limited Period? SC Constitution Bench Reserves Judgment

On Wednesday, the Constitution Bench of the Supreme Court of India comprising of Justices Arun Mishra, Indira Banerjee, Vineet Saran, M.R. Shah and S. Ravindra Bhat, heard arguments pertaining to the case of Sushila Aggarwal & Ors. v. State (NCT of Delhi) & Anr. Vide Order dated 15.05.2018, a Bench of Justices Kurian Joseph, Mohan M. Shantanagoudar and Navin Sinha referred the...

Will Trial In NDPS Cases Be Vitiated If Investigation Is Carried Out By The Complainant? SC Constitution Bench To Decide

The Constitution Bench of the Supreme Court is set to settle the issue whether complainant being the investigating officer in NDPS cases will vitiate the trial.The case Mukesh Singh v State is listed before the five judges bench comprising Justices Arun Mishra, Indira Banerjee, Vineet Saran, M R Shah and Ravindra Bhat on October 24.In this case, a two judges bench comprising Justices U U...

SC To Consider Whether Persons Holding Public Offices Have More Restrictions On Free Speech

On Wednesday afternoon, the Constitution Bench of the Supreme Court of India comprising of Justices Arun Misra, Vineet Saran, Indira Banerjee, M. R. Shah and S. Ravindra Bhat took up the case of Kaushal Kishore v. The State of Uttar Pradesh & Anr. The case stems from the Bulandshahar rape incident wherein a Minister of the State, Azam Khan had dismissed the incident as a "political...

[Karnataka MLAs Disqualification] A Member Has An Indefeasible Right To Resign, Motive Irrelevant :Mukul Rohatgi Tells SC

A three Judge Bench comprising of Justices NV Ramana, Sanjiv Khanna and Krishna Murari on Wednesday commenced the hearing of petitions filed by 17 Karnataka MLAs challenging their disqualification"There is no doubt that a member has an indefeasible right to resign. The only exception would be where the resignation is under pressure, where there is a gun to the temple. That it should be...