Conflicting Views By Co-ordinate Benches: Now Both Judges Who Held ‘'Pune Municipality case’ Per-incurium Refer The Issue To Chief Justice Of India

 ‘We consider it appropriate that these matters be referred to the Hon'ble the Chief Justice to constitute an appropriate Bench and to see whether we can proceed with the hearing or not.’, said Justice Arun Mishra's bench."Having regard to the nature of the issues involved in the matter, the issues need to be resolved by a larger Bench at the earliest",said Justice AK Goel's...

Hadiya- We Can't Expand The Scope Of This Case Beyond The Question ‘Whether HC Can Nullify Marriage Between Two Consenting Adults’: SC

“Can the High Court, in exercise of its jurisdiction under Article 226, nullify the marriage between two consenting adults? The marriage may be illegal or it may be void, but does the High Court have the power? We are only concerned with this question of law”, said the Bench.The hearing in the petition filed against the Kerala High Court judgment, allowing the habeas corpus writ...

BCI Can’t Act Like An Appellate Authority Over Its Own Order While Exercising Review Powers: SC [Read Judgment]

It has reviewed its own finding of fact and overturned the same on the same material which was produced earlier and going by the same arguments which were advanced earlier, the bench said.Restating the scope of review powers of a disciplinary committee of Bar Council of India, the Supreme Court, in Advanta India Ltd v BN Shivanna, has observed that Bar Council of India cannot act like...

Now, A Primary School Teacher Petitions SC To Debar Legislators From Practicing [Read Petition]

With BJP leader and Advocate Ashwini Kumar Upadhyay's Petition to debar legislators from practicing in Courts pending before the Supreme Court, another Petition has now been filed before the Apex Court seeking similar reliefs.The Petition, filed by a primary school teacher, Mr. Ajay Pal, relies on the Salary, Allowances and Pension of Members of Parliament Act, 1954 and the Rules made...

Details Of Marks In Civil Service Examination Can’t Be Disclosed Mechanically Under RTI [Read Order]

If a case is made out where the court finds that public interest requires furnishing of information, the court is certainly entitled to so require in a given fact situation. If rules or practice so require, certainly such rule or practice can be enforced, said the Bench.The Supreme Court, in UPSC v Angesh Kumar, while setting aside a high court judgment has observed that information sought...

Haryana Forestry Scam: Whistleblower IFS Officer Gets Relief From SC [Read Order]

The Supreme Court has waived the cost of Rs 50,000 imposed by the Punjab and Haryana High Court on IFS officer Sanjiv Chaturvedi, who has been pursuing legal battle for a CBI probe into multi-crore Haryana forestry scam unearthed by him during his posting there, in 2005.A bench of Chief Justice Dipak Misra, Justice AM Khanwilkar and Justice DY Chandrachud said; “The cost imposed by the...

Aadhaar Hearing [Day 12,Session-2]: State Isn’t Justified In Surveilling Entire Citizenry As If They Were All Terrorists: Gopal Subramanium

As the Aadhaar hearing resumed post the lunch hour on Wednesday, senior counsel Gopal Subramanium drew the attention of the bench to the portions of the Justice KS Puttaswamy judgment dealing with the concerns of ‘informational privacy’, which “reflects an interest in preventing information about the self from being disseminated and controlling the extent of access to...

SC: A 3 Judge Bench ‘Stays’ Another 3 Judge Bench Judgment That Declared A 2014 Three judge Bench Judgment As ‘Per incuriam’

In an surprising order, a three judge bench of the Supreme Court headed by Justice Madan B. Lokur, has requested the other SC benches and the High Courts to not to deal with any cases relating to the interpretation of or concerning Section 24 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.By this order, the three judge...

Hadiya Case: SC Turns Down Father's Plea For Adjournment [Read Additional Affidavit Filed By Asokan]

Asokan denied as "ludicrous" allegation that he tried to tarnish Islam The Supreme Court on Wednesday rejected the request of Hadiya’s father Asokan KM to adjourn the hearing in the matter scheduled for Thursday.Asokan KM had requested Chief Justice Dipak Misra to adjourn the hearing as he needed more time to file a reply to the affidavit placed before the court by his daughter wherein...

Candidates Contesting In Bar Council Elections Shall Disclose The Criminal Antecedents: SC [Read Order]

There shall be stay of the operation of the impugned order. There shall also be stay of further proceedings pending before the High Court. However, any candidate who is contesting, shall disclose the criminal antecedents in the form that is going to be filled up, said the Bench.Observing that the Madras High Court order is “moralistic”, a Supreme Court bench headed by Chief Justice of...

‘Appellate Officer’ Under Public Premises (Eviction Of Unauthorized Occupants) Act, 1971 Is Not Persona Designata, But Civil Court: SC [Read Judgment]

The Supreme Court, in Life Insurance Corporation of India v Nandini J Shah & Ors, has held that the appellate officer while exercising power under Section 9 of the Public Premises (Eviction of Unauthorized Occupants) Act, 1971, does not act as a persona designata but in his capacity as civil court.The issue before the apex court was whether letters patent appeal filed by the...

Aadhaar Hearing [Day12 Session-1] Who Can Think Of Children Being Subjected To Identification For Mid-Day Meals? Asks Gopal Subramanium

On Wednesday, Senior Counsel Gopal Subramanium resumed his submissions on behalf of the petitioners before the Supreme Court five-judge Constitutional bench in the string of writ petitions challenging the constitutionality of the Aadhaar (Targeted Deliveries of Financial and Other Subsidies, Benefits and Services) Act of 2016.He invited the bench to link the judgment in Jeeja Ghosh v. UOI...