Acquisition Of Building Alone Without Underlying Land Permissible When State Has Ownership Over The Land: SC [Read Judgment]

The state can proceed to acquire only the buildings existing on the land under the Land Acquisition Act, without acquiring the underlying land, when the state otherwise has ownership rights over the land. This was held by the Supreme Court while allowing the appeals filed by Maharashtra, enabling the government to proceed to compulsorily acquire the buildings under the occupation of M/s...

SC Constitutes Medical Board On Abortion Plea Of 13 Year-Old Rape Survivor [Read Order]

The Supreme Court, on Friday, constituted a medical board for examination of a 13 year-old rape survivor on a plea for abortion of her 22-week pregnancy.The Bench comprising Chief Justice Dipak Misra, Justice A.M. Khanwilkar and Justice D.Y. Chandrachud constituted the Board which comprises of five senior doctors of AIIMs. This Board was directed to examine the survivor on Saturday and...

Continuance of Rohingyas In India Illegal, Serious Threat To Security : Centre [Read Affidavit]

The Centre in its affidavit before the Supreme Court submitted that , as the subject matter of the petitions in the petitions against deportation of Rohingyas is not justiciable, and the fundamental rights of Indian citizens would be adversely effected, the Court may decline its interference in the matter leaving to the Central Government to exercise its essential executive function by way of...

MoEF Order Is Capable Of Destroying National Parks And Wildlife Sanctuaries In The country: SC [Read Order]

In a special leave petition filed against an order of the Bombay High Court, the Supreme Court has observed that an order passed by the Ministry of Environment and Forests was capable of destroying national parks and wildlife sanctuaries in the country.“It is extremely surprising that 10 km. Eco Sensitive Zone has been reduced by the Ministry of Environment and Forest to 100 meters. Since...

Conviction In Serious & Heinous Crime Per Se Can’t Be Reason To Deny Parole: SC [Read Judgment]

While dealing with the parole application of a prisoner serving sentence upon conviction under the TADA Act, the Supreme Court clarified that seriousness or heinous nature of the crime ought not to have any bearing on the consideration of application for parole. The prisoner was found guilty for having supplied explosives for conducting bomb blasts on the first anniversary of Babri...

Linking Mobile Number With Aadhaar: Misinterpreting A Supreme Court Order

It appears many telecom service providers have been alerting their customers to link their mobile numbers with their Aadhaar numbers, in terms of a circular issued on March 23, 2017, by the Department of Telecom (DoT).   This circular calls upon all the telecom operators to conduct an Aadhaar-based re-verification exercise  of all existing pre-paid and post-paid mobile connections. ...

Lawyers Should Ensure They Do Not Suffer From Disease Of Adjournment: CJI Misra

Chief Justice of India Dipak Misra has said that lawyers should ensure that they do not suffer from the “disease of adjournment” and procrastinate the progress of casesAccording to a PTI report from Chennai, CJI Misra said this in his address at the 125th anniversary celebrations of the Madras High Court Heritage Buildings.Justice Misra also said “punctuality is facet of rule...

Period Of Limitation Under Residuary Article 113 Of Limitation Act Can't Be invoked if There Is Specific Entry In The Schedule [Read Judgment]

In a case pertaining to claim under Fatal Accidents Act, the Supreme Court held that period of limitation under residuary Article 113 cannot be invoked if there is any other specific entry governing the case. The claimants wanted a larger period of limitation of three years under Article 113, and tried to contend that the period of limitation of two years under Article 82 was not applicable...

"Coercion, Consent And Our Constitution": Senior Advocate Shyam Divan Explains The Aadhaar Enigma [Video]

Mr. Shyam Divan, while addressing students during the NALSAR Lecture Series on Constitutionalism on 9 September, addressed the question of whether the Aadhaar program is so invasive that it could alter the nature of the relationship between the citizen and the State.He explored the tension between constitutional governance and the dazzling progress of technology and its contributions...

SC Quashes Allahabad High Court’s Summons To U.P.Chief Secretary, And Expunges Its Adverse Remarks Against The State’s Advocate General [Read Order]

The Supreme  Court bench of Justices Arun Mishra and Mohan M.Shantanagoudar, on September 8, protected the Uttar Pradesh Advocate General, Raghavendra Singh, whose failure to appear before the Allahabad High Court, despite repeated calls to him on July 28, forced the High Court to summon the state Chief Secretary, to express its displeasure.The High Court bench of Justices Ramesh Sinha and...

Hadiya’s Husband Moves Apex Court Seeking Recall Of Order Directing NIA Probe [Read Application]

In a another twist in the tale that has astonished many, Hadiya’s husband has now approached the Apex Court seeking recall of the order directing an investigation by the National Investigation Agency (NIA) into the matter.Mr. Shafin Jahan has filed an application before the Apex Court contending that “certain facts have emerged which call for a reconsideration” of the order.Mr. Jahan...

Arrest Of Foreign Ship For Maritime Claim Permissible Only If There Is No Change Of Ownership Between The Date Of Claim And Date Of Arrest [Read Judgment]

The judgment of the Supreme Court in Chrisomar Corporation v. MJR Steels Private Ltd. holds that the arrest of a foreign ship for a maritime claim is permissible only if there is no change of ownership between the date when claim arose and the date of arrest of ship. In fact, this is only one of the several other propositions laid down, as the judgment authored by Justice Rohinton...