#Aadhaar/PAN: Right To Life Includes Maintaining Personal Autonomy Through Informational Self Determination: Sr. Ad. Shyam Divan To SC

Continuing with his arguments in the Supreme Court on Friday, senior advocate Shyam Divan made one of the most compelling arguments on civil liberties in Aadhaar case.Divan’s arguments touched upon the constitutionality of the amendment to the Income Tax Act without going into the privacy aspects of the case.Justice AK Sikri and Justice Ashok Bhushan were taken through multiple limbs of...

Discharged In 2013 IPL Spot-Fixing Case, Man Seeks Exchange of Seized Old Notes [Read Petition]

Abhishek Shukla, who was discharged by the trial court in 2013 IPL spot-fixing case in July 2015, has moved the Supreme Court seeking a direction to the Reserve Bank of India (RBI) to accept demonetised Rs. 500 and Rs. 1,000 currency notes with a face value of Rs. 5 lakh, which was seized by the special cell of Delhi Police during probe of the case.Shukla’s counsel Manjit Singh Ahluwalia...

In A Civilized Society Male Chauvinism Has No Room, A Woman Has Her Own Space As A Man Has In Society: SC [Read Judgment]

One is compelled to think and constrained to deliberate why the women in this country cannot be allowed to live in peace and lead a life that is empowered with a dignity and freedom. Supreme Court of India on Friday observed that a woman has her own space as a man has in our society.“One is compelled to think and constrained to deliberate why the women in this country cannot be allowed...

SC Dismisses Curative Petition In Saumya Rape And Murder Case [Read Order]

A Six Judge Bench of Supreme Court of India has dismissed the curative petition filed by Government of Kerala in Saumya rape and murder Case.The Bench of Chief Justice JS Khehar, Justices Dipak Misra, J Chelmeswar, Ranjan Gogoi, Prafulla C Pant and UU Lalit held that no case is made out within the parameters indicated in the decision of the court in Rupa Ashok Hurra vs Ashok Hurra...

Pellet Guns: SC Asks J&K HC Bar Association To Initiate Talks With Stakeholders

The Supreme Court said it can direct Centre against use of pellet guns but can petitioner Jammu and Kashmir High Court Bar Association (JKHBA) give an undertaking that there will be no stone pelting on the valley.A bench led by Chief Justice of India (CJI) J S Khehar asked the petitioner bar to talk to the various stakeholders, take their opinion and inform the court by May 9.Attorney...

SC Sends Man To Jail For Not Paying Rs 50L As Per Undertaking To Court

The Supreme Court Bench led by Chief Justice J S Khehar sent a Delhi-based man to Tihar jail till Monday after he failed to deposit Rs 50 lac with court Registry despite an undertaking to court in a landlord-tenant dispute.Surinder Singh Arora, facing a case in Delhi High Court for illegally possessing a three-storey house in Paschim Vihar area and his failure to pay Rs 50 lac to landlord...

For Adding Additional Accused (S.319 CrPC) Strong Evidence On His Complicity Required: SC [Read Judgment]

The prima facie opinion to be formed requires stronger evidence than mere probability of his complicity, it said.The Supreme Court, in Brijendra Singh vs State of Rajasthan, has observed that the degree of satisfaction to exercise power under Section 319 CrPC to summon persons not arraigned as accused is more than the degree warranted at the time of framing of the charges against others...

Not Giving Primacy To CJI's Opinion On Appointments Does Not Make The Lokpal Act Unconstitutional: SC

Whether the primacy should be accorded to Chief Justice of India or not is for the legislature to decide, the bench said.Dismissing the challenge against constitutionality of certain provisions of the Lokpal and Lokayuktas Act, the Supreme Court has held that the Constitution does not mandate that in all matters concerning the appointment to various offices in different bodies, primacy must...

SC Dismisses Centre’s Curative Petition In Manipur Killings Case [Read Orders]

After exhausting every legal option to undo the Supreme Court's ruling in the Manipur killings case, the government now has to mandatorily probe every allegation of an extra-judicial killing.On Thursday, the apex court dismissed a curative writ petition filed by Union of India and declined its plea for an open court hearing.Earlier, the court had also dismissed a review petition and declined...

A Non-Voluntary Confession Can’t Form Basis Of Conviction: SC Acquits Accused In Hindu Munnani Activist Murder Case [Read Judgment]

‘No such incident of striking terror in the minds of people or adverse effect on the harmony amongst any section of society was reported’, said the Bench against invoking TADA.The Supreme Court ON Thursday has set aside conviction of accused of murdering a Hindu Munnani Activist in Madurai.The Bench comprising Justice Pinaki Chandra Ghose and Justice RF Nariman held that the sanction...

SC Accepts Rs. 2,000-Cr Cheques By Subrata Roy On Conditions [Read Order]

The Supreme Court on Thursday granted relief to beleaguered Sahara Group boss Subrata Roy, but warned him that he would be sent back to jail if cheques given by him today are not realised by June 19.Sahara has given two cheques of around ₹ 2,000 crore and commited to pay ₹ 3,000 crore more by October end.Roy was present in the court with his battery of lawyers pursuant to court...

Aadhaar-PAN Linking Unconstitutional: Sr Adv Shyam Divan

Senior Advocate Shyam Divan has asked the Court to read down S.139AA of Income Tax Act to make linking of Aaddhaar with PAN voluntarySenior Advocate Shyam Divan, arguing for one of the petitioners who challenged Aadhaar-PAN linking under the Income Tax Act, has said before the Supreme Court that the linking is unconstitutional."It is an illegal bargain of state with an individual for...