SC Stays Execution Of Death Sentence Awarded To Man Convicted For Murder Of Five ‘Sleeping’ Persons, Including A Minor [Read Order]

The Supreme Court has stayed the execution of death sentence awarded to one Murugeshan in a murder case.Murugeshan was found guilty by the trial court for murdering five persons, including an 8-year-old kid. The prosecution case is that the accused using a chopper, murdered five persons who were sleeping in a hut. The deceased include a minor child of eight years.“He has butchered five...

Aadhaar [Day-3 Session-2] The Entire Aadhaar Project Entails Invasiveness And Breaches: Shyam Divan

If the Act is upheld as being constitutional, by virtue of the electronic trail, profiling and authentication records, it will be possible to know where one is at any point of time throughout his life, argued DivanAs the Aadhaar hearing continued post the lunch hour, senior counsel Shyam Divan elaborated on the provisions of the Aadhaar (Targeted Deliveries of Financial and Other...

SC Order Saying I Agreed To Transfer Of Petitions From Bombay HC In Judge Loya Case Incorrect: Indira Jaising Informs SC

In a tweet, Senior Advocate Indira Jaising has claimed that the Supreme Court has wrongly recorded in one of its recent orders that she agreed to transfer of the Petitions in Judge Loya case from the Bombay High Court to the Apex Court.“I mentioned that this should be corrected, I pointed out that page to my request to intervene is recorded. Hence the obvious error must be corrected. The...

Arbitral Award On The Issue Of Limitation Is An 'Interim Award': SC Suggests Amending S.34 Of Arbitration Act To Avoid Piecemeal Challenges [Read Judgment]

Piecemeal challenges like piecemeal awards lead to unnecessary delay and additional expense, the bench said suggesting an amendment in Section 34 of the ActThe Supreme Court, in Indian Farmers Fertilizer Co-Operative Limited v. Bhadra Products, has held that an award delivered by an arbitrator, which decides the issue of limitation, is an interim award, that can be challenged separately...

No Special Consideration Can Be Given To Accused In Granting Bail Simply Because He Is A Foreigner: SC [Read Judgment]

The Supreme Court, on Tuesday, asserted that an accused cannot be given any special consideration while granting bail simply because of the fact that he is a foreigner."The law under Section 439 of Cr.P.C is very clear and in the eyes of the law every accused is the same irrespective of their nationality," the Bench comprising Justice N.V. Ramana and Justice S. Abdul Nazeer observed.The Court...

Aadhaar [Day-3 Session-1] Aadhaar Law Must Be Tested By The Same Standards By Which A Law Which Violates Art. 21 Is Liable To Be Tested: Shyam Divan Finds Support From Privacy Judgment

As the hearing on the string of writ petitions challenging the constitutionality of the Aadhaar Act of 2016 resumed on Tuesday, Senior Counsel Shyam Diwan drew the attention of the five-judge Constitution bench of the Supreme Court to the various aspects of the judgement dated August 24, 2017 in Justice K. S. Puttaswamy.Summarising the voluminous judgement in two pages, Mr. Diwan postulated...

No Liberal Democracy Can Survive Without An Independent Judiciary : Justice Chelameswar

On Monday, the National Law University, Delhi, in collaboration with the Oxford University Press, hosted an event at the India International Centre in New Delhi to celebrate the launch of the book ‘Supreme Court of India- The Beginnings’, penned by late Professor George H Gadbois Jr of the University of Kentucky.The book launch was graced by the presence of Supreme Court Justice J...

"Let Those Who Don't Like Not Watch", SC Refuses To Modify Order Staying 'Padmavat' Screening Ban In States

“Look, we have passed an order.100 people cannot create some problem in a particular area and the state cannot say there is a law and order problem. Let us not come to a stage where exhibition of a movie of this nature after issuance of certificate is crippled. Let those who  don't like the movie not watch it" CJI Dipak Misra.The Supreme Court today refused to recall or modify  its January...

Hadiya Case: We Can't Question The Legitimacy Of An Adult Woman's Choice Of Marriage, Observes SC [Read Order]

The Supreme Court bench of Chief Justice Dipak Misra, Justice D. Y. Chandrachud and Justice A. M. Khanwilkar on Tuesday, in the course of the hearing of the Special Leave Petition in ‘Shafin Jahan v. UOI’, observed that the  investigation by the National Investigation Agency (NIA) will not have any bearing in Hadiya’s marital status.“She is a 24 years old girl. If an adult says she...

GST On Sanitary Napkins: SC Stays Proceedings Before Delhi & Bombay HCs [Read Order]

The Supreme Court, on Monday, stayed the proceedings pending before the Delhi and Bombay High Courts challenging the constitutional validity of imposition of 12% Goods and Services Tax (GST) on sanitary napkins.The Transfer Petition filed by the Centre was heard by a Bench comprising Chief Justice of India Dipak Misra, Justice A.M. Khanwilkar and Justice D.Y. Chandrachud, which also...

SC Grants ‘One-Time Relaxation’ To Candidates Enrolled For Distance Course In Engineering During 2001-2005 Academic Years [Read Order]

The Supreme Court, in a relief to those candidates who were enrolled for Distance Course in Engineering during the academic years 2001-2005, has issued following directions as ‘one-time relaxation’: All such candidates, who wish to appear at the forthcoming test to be conducted by AICTE in May-June 2018 and who exercise option to appear at the test in terms of the judgment, can retain...

Supreme Court Weekly Round-Up

SC Elucidates Principles Of ‘Under Insurance’ And “Averaging Out”Elucidating the principles of “under-insurance” and “averaging out”, the Supreme Court, in IC Sharma vs The Oriental Insurance Co Ltd, held that when a group of items is insured under one heading and only some of the items and not all items are lost/stolen, then the principle of under-insurance will apply. The...