Application Filed In SC Seeking Court’s Intervention In Proposed Deportation Of 7 Rohingya Men To Myanmar

An Intervention Application has been filed before the Supreme Court drawing its attention to the proposed deportation of seven Rohingya men to Myanmar and urging the court to intervene in the matter.The application, filed by Mohammad Salimullah who is one of the petitioners in the ongoing case before the Apex Court againstthe deportation of Rohingyas, contends that imminent refoulement of...

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...

Rape- Accused Cannot Be Acquitted Merely Because Victim Turned Hostile And Failed To Identify Him In The Dock: SC

“Neither the accused nor the victim can be permitted to subvert a criminal trial by stating falsehood and resort to contrivances, so as to make it the theatre of the absurd.”The Supreme Court recently affirmed conviction of a rape accused even though during the trial the rape victim had turned hostile and failed to identify the accused.The bench comprising Justice Ranjan Gogoi, Justice...

Will Unfold Plans To Reduce Pendency Of Cases, Vows CJI-Designate Justice Ranjan Gogoi

Huge pendency of cases and inability of poor to access justice- these were the two main problems which concern the Chief Justice of India-designate Ranjan Gogoi, as per his statement at Interactive Session on 'Role of Bar and Bench in Social Engineering’ organized by Youth Bar Association on Saturday..While speaking at session at the Main Auditorium, Indian Society of International Law,...

Before Blaming Lawyers, Judges Need To Introspect: BCI Resolution Requests SC, HC Judges To Not take Up Post-Retirement Jobs For At Least 2 Yrs

It ends with posing faith in outgoing Chief Justice of India Dipak Misra, expressing hope that he would not take up any post retirement job, following the example set by Justice Chelameswar.Asking judges to introspect before “blaming or controlling the Bar”, the Bar Council of India (BCI) has requested the judges of the Supreme Court and all High Courts to not take up jobs for at least...

SC Takes Into Account Conduct Of Husband In Protracting Disposal Of Maintenance Petition To Enhance Maintenance Awarded To Wife [Read Judgment]

“The principle invoked by the High Court for determination of monthly maintenance amount payable to the appellant on the basis of notional minimum income of the respondent as per the current minimum wages in Delhi, in our opinion, is untenable.”The Supreme Court has enhanced the maintenance amount to a wife taking into account the husband’s conduct in successfully protracting the...

Developer Should Mandatorily Display Sanction Plan/Layout Plans At The Site Itself: SC [Read Judgment]

“In our view, keeping in mind the ground reality of rampant violations and the consequences thereof, it is advisable to issue directions for display of such sanction plan/layout plans at the site, apart from any other manner provided by the Regulations made by the Authority. This aspect should be given appropriate publicity as part of enforcement of RERA.”Taking note of rampant violations...

Not Liberal Or Conservative View; The Only View Which Has To Be Taken Is The Legal View, SC Tells Kerala HC [Read Judgment]

“It cannot urge that because the acquisition is in public interest a more liberal view is to be taken. There is no question of taking a liberal or conservative view. The only view which has to be taken is the legal view. “While setting aside a Kerala High Court order which took a ‘liberal view’ in public interest, the Supreme Court observed that only view which has to be taken is...

Voices In Opposition Can’t Be Muzzled By Persecuting Those Who Take Up Unpopular Causes: Justice Chandrachud’s 2nd Dissent In The Week

Unable to agree with the views of the Chief Justice of India Dipak Misra and Justice A M Khanwilkar “as a matter of principle”, Justice Chandrachud today observed that “dissent is a symbol of vibrant democracy”  and “voices in opposition cannot be muzzled by persecuting those who take up unpopular causes” to hold that a Special Investigating Team must be appointed  to probe...

Social Exclusion Of Women, Based On Menstrual Status, Is A Form Of Untouchability: Justice DY Chandrachud

“Women have a right to control their own bodies. The menstrual status of a woman is an attribute of her privacy and person. Women have a constitutional entitlement that their biological processes must be free from social and religious practices, which enforce segregation and exclusion. These practices result in humiliation and a violation of dignity.”The judgment by Justice Dhananjaya...

Manipur Encounter Killings: Accused Army Personnel, AG Seek Recusal Of Justice Lokur’s Bench, Petitioners, Amicus Object

The Centre Friday questioned the Supreme Court for its reported remark terming as "murderers" some Manipur Police personnel, charge-sheeted in alleged fake encounter cases, saying it has "completely shaken" the morale of armed forces and security men operating in insurgency-hit areas.The government told a bench of Justices Madan B Lokur and Deepak Gupta that they supported the applications...

Sabarimala: Permitting PILs In Religious Matters Will Open Floodgates To Interlopers; Graver Perils For Religious Minorities: Justice Indu Malhotra’s Dissent

The Supreme Court on Friday permitted entry of women of all age groups to the Sabarimala temple, with a 4:1 majority, holding that “devotion cannot be subjected to gender discrimination”.Chief Justice Dipak Misra, Justice RF Nariman, Justice AM Khanwilkar and Justice DY Chandrachud constituted the majority, while the lone woman judge on the Bench, Justice Indu Malhotra dissented.Here are...