Sec. 17 Limitation Act Can’t Be Invoked To Condone Delay In Filing Application To Set Aside Arbitration Award: SC [Read Judgment]

‘If Section 17 were to be applied, an Award can be challenged even after 120 days. This would defeat the Arbitration Act’s objective of speedy resolution of dispute.’The Supreme Court has held that Section 17 of the Limitation Act cannot be invoked to condone the delay in preferring application to set aside the arbitration award.In P Radha Bai vs. P Ashok Kumar, the bench comprising...

Aadhaar Authentication Data Not To Be Kept Beyond 6 Months, Bring Out Robust Data Protection Regime: SC Directs UIDAI/GOI

Although the Supreme Court has upheld the Aadhaar programme and many provisions of the Aadhaar Act, the reading of the judgment delivered by Justice AK Sikri would show that all is not well with the Aadhaar.The court, in order to address the apprehensions expressed in the petitions challenging the Aadhaar Act, has issued the following directives to UIDAI and Central Government:...

Foreign Company Has Source Code of Aadhaar Project; It Has Access To Citizens' Information : Certain Worrying Findings By Justice Chandrachud

The impact of Facebook-Camridge Analytica incident also reverberated in the judgment as Justice Chandrachud acknowledged that profiling of individual preferences could also be used to influence the decision making of the electorate in choosing candidates for electoral offices.Though the majority of Supreme Court Constitution Bench has upheld the validity of Aadhaar project, certain findings...

Stay Of Conviction By Appellate Court Will Remove The Disqualification Of Mps And MLAs U/S 8 Of RP Act: SC [Read Judgment]

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.The judgment was rendered by the bench of Chief Justice Dipak Misra, Justice D. Y. Chandrachud and Justice A....

[Ayodhya] SC Judgment Tomorrow On 'Whether The Ismail Faruqui Judgment Requires Re-consideration By A Larger Bench'

The Supreme Court will pronounce the order Tomorrow on the question whether it’s 1994 ruling in Ismail Faruqui Vs Union of India requires reconsideration by a larger bench.The bench of Chief Justice Dipak Misra, Justice Ashok Bhushan and Justice Abdul Nazeer reserved the order on July 20 on a string of appeals against the 2010 verdict of the Allahabad High Court in the Ram...

Breaking: SC To Pronounce Judgment On Petitions Seeking Decriminalisation Of Adultery Tomorrow

A five-Judge Constitution Bench of the Supreme Court is set to pronounce the judgment on the validity of Section 497 of the Indian Penal Code, which criminalises adultery, tomorrow.The petitions before the court assert that the exemption of women from punishment for adultery is a patriarchal baggage which treats women as ‘chattel’ having no agency. Further, they point out that the...

[Aadhaar] Read The Summary Of Majority (4:1) Judgment

Much awaited Aadhaar Judgment is finally out.The judgment authored by Justice AK Sikri, which has concurrence of Chief Justice Dipak Misra and Justice AM Khanwilkar, has read down some of the provisions of the Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act 2016, struck down a few but significant ones (mainly Section 33(2), 47 and 57), and upheld...

Aadhaar Mandatory For Govt Subsidies & PAN After SC Upholds Its Validity By 4:1 Majority

The necessity of Aaadhar after the Supreme Court judgment upholding its validity by 4:1 majority is for availing government subsidies and benefits, and for filing income tax returns.Government Services & BenefitsThe majority judgment  of Justice Sikri(for himself, CJI Misra and Justice Khanwilkar) and Justice Ashok Bhushan  upheld the validity of Section 7 of the Aadhaar Act, which...

Breaking: Sunlight Is The Best Disinfectant: SC Allows Live-Streaming Of Court Proceedings In Larger Public Interest [Read Judgment]

Supreme Court of India has 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.READ THE DETAILED STORY HEREIndia To Get Virtual Access To Courtroom Proceedings: Read SC Directions On Live Streaming"Sunlight is the best disinfectant",...

Breaking: Aadhaar Project Wholly Unconstitutional-Landmark Dissent By Justice Chandrachud [Read Judgment]

"Constitutional guarantees cannot be compromised by vicissitudes of technology", he observed.In an emphatic dissent from the majority, Justice Chandrachud has held the entire Aadhar project to be unconstitutional.The very act of passing the Aadhaar Act 2016 as a money bill was held to be unconstitutional by Justice Chandrachud, dissenting from the majority view expressed through Justice...

Aadhaar Linking Of Mobile Connections And Bank Accounts Cannot Be Made Compulsory : SC [Read Judgment]

In a big blow to the Governments' push to link Aadhar with mobile connections and bank accounts, the SC has held that mandatory linking of Aadhaar with mobile connections and bank account cannot be made.The Court has also struck down the amendment brought in Prevention of Money Laundering Rules which mandated linking of Aadhaar with bank accounts.This has been held by the judgment of Justice A...

Breaking : Sections 33(2),47 & 57 Of Aadhaar Act Struck Down; National Security Exception Gone; Private Entities Cannot Demand Aadhaar Data [Read Judgment]

The judgment of Justice Sikri in the Aadhaar case has 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.Section 33(2) permits disclosure of information under Aaadhar act, including identity...