Breaking: #Aadhaar- Nine Judge Bench To Decide Tomorrow 'Whether Right To Privacy' A Fundamental Right Or Not [Read Order]

A Five Judge Bench specially constituted for hearing of petitions challenging the constitutional validity of Aadhaar has referred the limited question 'whether right to privacy is a fundamental right or not' for the consideration of a Nine Judge Bench. The Nine Judge Bench will hear the case tomorrow.The Bench observed that it is essential to decide 'whether right to privacy is a...

Won’t Respond To Plea Challenging Article 35A’s Constitutional Validity: Centre Tells SC, CJI Refers the Matter To Three Judge Bench

The Centre has told the Supreme Court that the government will not file any affidavit responding to a petition challenging the constitutional validity of Article 35A,  which grants ‘special status’ to permanent residents of J&K and prevents the rest of Indian citizens from acquiring immovable property and exercising voting rights in the state.Attorney General KK Venugopal told the...

High Court Has No Jurisdiction To Direct Trial Court To Pass Particular Order: SC Slams Kerala HC [Read Judgment]

While setting aside a judgment on a rent control matter by the Kerala High Court, the Supreme Court has observed that the high court has no jurisdiction to issue directions to the trial court to pass a particular order by either allowing the application or rejecting it.Slamming the high court, a bench comprising Justice AM Sapre and Justice R Banumathi observed that in such a scenario, the...

Supreme Court Weekly Round-Up

No Service Tax To Be Levied On Chit FundsThe Supreme Court, in the case of Union of India & Ors vs M/S Margdarshi Chit Funds Pvt Ltd, held that the management of a chit fund does not amount to management of any type of fund and would, therefore, not be covered under Section 65(12)(v) of the Finance Act 2007.Manipur Extra Judicial Killings: SC Orders CBI To Constitute SIT  In a...

SC Delivers Split Judgment On The Guilt Of Wife In Screening Her Paramour In the Murder Of Her Husband [Read Judgment]

The Supreme Court bench of Justices N.V.Ramana and Prafulla C Pant today gave a split judgment on the guilt of a wife in screening her paramour in the murder of her husband.  While Justice N.V.Ramana found her innocent of the offence under Section 201 of the Indian Penal Code (IPC), Justice Prafulla C Pant found her guilty under the same provision, but reduced her sentence from seven years...

Breaking: Giving More Time To Deposit Old Notes Will Defeat The Purpose Of Demonetisation: Centre To SC [Read Affidavit]

The Centre, in it's new affidavit filed before the Supreme Court on Monday made it clear that it cannot give more time to deposit old currency notes, as the same would defeat the very purpose of demonetisation, which was aimed at eliminating black money.“Thus, going by the extent and enormity of the malpractices observed during post-demonetization period, it is apparent that in case a...

‘Domestic Relationship’ Necessary To Permit A Party To Occupy ‘Shared Household’: SC [Read Judgment]

The Supreme Court, in Manmohan Attavar vs Neelam Manmohan Attavar, has observed that to issue an order under the Domestic Violence Act permitting a party to occupy a household, it is necessary that the two parties had lived in a domestic relationship in the household.In the instant case, Neelam, the respondent, claims to be the wife of Manmohan Attavar for 20 years. In her own statement,...

2013 Khirkiya Riot Cases Over Dead Cow: SC Pulls Up MP Police For Botched-Up Probe

The Supreme Court on Monday pulled up the Madhya Pradesh police for being "hand in glove with a politician and letting his son go” in 2013 Khirkiya riots over a dead cow case.A bench headed by Chief Justice of India JS Khehar came down heavily on the DSP, Special Intelligence Bureau (SIB)."You are hand-in-glove with them. Because they belong to political parties, you let them go. You...

Warning Against Wasting Court’s Time,CJI Khehar Refuses To Recall Order Imposing Rs 1 Lakh Cost [Read Order]

Just like in Suraz India Trust case, the CJI also restrained the petitioner from filing any more PILs or petitions in the apex court Chief Justice Jagdish Singh Khehar is in a mood to intensify the crackdown against filing of frivolous, petitions and wasting the court’s timeTwo months after imposing a cost of Rs 25 lakh on NGO Suraz India Trust for filing 64 cases in various High Courts...

SC Denies Seniority To Those Who Opted To Be Absorbed On Deputation [Read Judgment]

The Supreme Court bench of Abbhay Manohar Sapre and Sanjay Kishan Kaul, on July 10, dismissed the pleas of erstwhile Junior Engineers (Electrical) of All India Radio, New Delhi, who were on deputation to the Electrical Wing of the Postal Department, and who opted to be absorbed permanently in the latter, that they were entitled to preserve their previous seniority and service in their...

Discretionary Jurisdiction Must Be Exercised On Fair And Just Principles In The Facts Of A Case: SC [Read Judgment]

The Supreme Court bench of Justices Ranjan Gogoi and Navin Sinha, has held that the exercise of discretion under Section 427(1) Code of Criminal Procedure, in a given case, mandates that the substantive sentences imposed upon an accused in three separate prosecutions, are to run concurrently.  This, of course, exempts the default sentence, if the fine by way of compensation as imposed has...

Delhi HC DB Refuses To Allow BJP’s Narottam Mishra To Vote In Presidential Election In A Special Sunday Hearing [Read Judgment]

A day before the Presidential election, the Delhi High Court has refused to allow Madhya Pradesh Minister Narottam Mishra to vote in President Polls to be held on Monday.Earlier a single Judge dismissed the Petition filed by Mishra, who had challenged Election Commission’s decision disqualifying him for three years in the paid news case.It was alleged that Mr. Mishra had filed wrong accounts...