Electronic Evidence: If Judgment in ‘Anvar Case’ Is Applied Retrospectively, It Would Adversely Affect Administration Of Justice: SC [Read Judgment]

A two-judge bench of the Supreme Court has discussed the effect of the three-judge bench judgment of the apex court in PVAnvar vs PK Basheer in which a two-judge bench judgment in State (NCT Of Delhi) vs Navjot Sandhu@ Afsan Guru was overruled.The bench observed that contents of electronic records may be proved in accordance with the provisions contained in Section 65B of the Indian...

SC Unhappy With Centre’s Roadmap On Destitute Widows

Your roadmap to improve condition of destitute widows has not addressed issues like national policy on empowerment of women, nourishment, sanitation and hygiene at shelter homes, the Supreme Court has told the Centre.“Important aspect of re-marriage of widows aged between 16 and 20 years was missing and the government should encourage it”, a bench comprising Justices Madan B Lokur...

Is There A Right To Privacy? SC’s Nine Judge Bench Seeks Answer From Petitioners on Day One of Hearing

Justice Chandrachud  observed that if we just hold privacy is a right, Naz judgment may become problematic.The hearing before the nine-Judge bench of the Supreme Court on whether there is a fundamental right to privacy in India began today, with the counsel for petitioners making a strong pitch in favour of the right to privacy.  The first to address the bench was senior advocate,...

Electronic Records Admitted By Trial Court Without Objection Can’t Be Challenged At Appellate Stages If The Objection Relates To Mode Of Proof: SC [Read Judgment]

An objection relating to the mode or method of proof has to be raised at the time of marking of the document as an exhibit and not later, held the Court. In a significant judgment Supreme Court of India has recently held that admissibility of electronic evidence cannot be challenged at appellate stage without objecting it at the trial Court, cannot be challenged at appellate Court if...

Concept Of Privacy Is Embedded In Liberty And Honor Of A Person: Gopal Subramanium [Read Written Submissions]

Senior Advocate Gopal Subramanium, on Wednesday, strongly argued in favor of the declaration of the ‘right to privacy’ as a Fundamental Right before the mammoth nine-Judge Constitution Bench set up for the purpose.“The concept of privacy is embedded in liberty as well as honour of a person,” Mr. Subramanium submitted.Appearing for the Petitioners, he contended that the right to privacy...

Aadhaar: Gopal Subramanium, Soli Sorabjee, Shyam Divan Strongly Argue For Right To Privacy [Read Written Submissions]

Legal eagles Gopal Subramanium, Soli Sorabjee and Shyam Divan appearing for the petitioners strongly argued for declaration of ‘Right To Privacy’ as a fundamental right as the nine judge constitution bench constituted by the Chief Justice to decide the question ‘whether right to privacy is a fundamental right under Constitution of India’ began its hearing.The hearing continues....

Detention Order Without Specifying Period Of Detention Illegal: SC [Read Order]

The Supreme Court, in Lahu Shrirang Gatkal vs. State of Maharashtra, has held that a blanket order of detention, without specifying the period of detention, is illegal and unsustainable.The court was considering an appeal by a person who was detained under Section 3(1) of the Maharashtra Prevention of Dangerous Activities of Slumlords, Bootleggers, Drug Offenders, Dangerous Persons,...

‘How Can You Disagree With Your Father’, CJI to AG During The Aadhaar Hearing on Tuesday

During the hearing by the five-Judge Constitution Bench on the issue of reference of the right to privacy issue to a larger bench, the Chief Justice of India, J.S.Khehar asked the Attorney General, K.K.Venugopal, a pointed query, which made everyone laugh.The discussion during the hearing was about how minority opinion in a judgment comes to be accepted by the majority in a subsequent case....

Breaking: Delhi HC Questions The Legal Sanctity Of Finance Ministry's Press Release On GST On Legal Services [Read Order]

The Delhi High Court, on Tuesday, asked the Centre to clarify the “legal sanctity” of the Press Release issued by it earlier this week, wherein the Ministry of Finance had clarified that legal services provided by an individual Advocate, including a Senior Advocate and a Firm of Advocates, is liable for payment of GST under reverse charge(RCM) by the business entity.Breaking: Legal...

An Inquiry Into Facts Can't Be Held In Execution Proceedings In Relation To Award/decree:SC [Read Judgment]

The Supreme Court bench of Justices Abhay Manohar Sapre and R.Banumathi, on July 11, in an arbitration case, indicted both the executing Court and the Punjab and Haryana High Court, for “total non-application of mind” and set aside their orders.Allowing the appeal by the Punjab State Civil Supplies Corporation Ltd against M/s Atwal Rice & General Mills Represented by its Partners, ...

CJI Constitutes 9 Judge Bench To Decide 'Whether Right To Privacy A Fundamental Right Or Not'

Chief Justice of India Justice JS Khehar has constituted the Nine Judge Constitution Bench to hear the question 'whether right to privacy is a fundamental right under Constitution of India'.The Bench comprising Chief Justice JS Khehar, Justice Chelameswar, Justice SA Bobde, Justice RK Agarwal, Justice RF Nariman, Justice AM Sapre, Justice DY Chandrachud, Justice SK Kaul and Justice Abdul...

SC Nod To New MCI Oversight Committee, Lodha Panel Replaced [Read Order]

“They all are people of impeccable integrity.But the whole issue is whether they have time for all this..no doubt all of them are undoubtedly outstanding I am one of their patients. They do not have time for CJI leave alone MCI”, Chief Justice J S Khehar said (raising a peal of laughter) looking at the list furnished by Solicitor General Ranjit Kumar The Supreme Court today permitted...