Supreme court
Child Marriage Deprives Children Of Agency, Autonomy & Right To Enjoy Childhood; Affects Both Boys & Girls : Supreme Court
While issuing several guidelines to prevent child marriages, the Supreme Court has elaborately discussed how child marriages violate Constitutional rights.The judgment, delivered in a petition filed by the NGO Society for Enlightenment and Voluntary Action, stated that child marriages violate the rights to self-determination, choice, autonomy, sexuality, health and education of...
Supreme Court Upholds Maintainability Of Appeals Filed By Airports Economic Regulatory Authority Against Orders Of TDSAT On Tariff Imposition
The Supreme Court today (October 18) upheld the maintainability of appeals filed by Airports Economic Regulatory Authority (AERA) assailing orders of the TDSAT under the AERA Act 2008 relating to tariff imposition on certain services. The bench led by CJI DY Chandrachud comprising Justices JB Pardiwala and Manoj Misra allowed the appeals to filed by AERA in the following order : "The appeals...
'Bill Pending In Parliament' : Supreme Court Refrains From Deciding If Prohibition Of Child Marriage Act Overrides Personal Laws
While issuing various guidelines for the prevention of child marriages, the Supreme Court refrained from deciding the issue whether the Prevention of Child Marriage Act, 2006 overrides personal laws which sanction such marriages.The Court noted that the Parliament is seized of the issue since a bill introduced in 2021 to amend the Prevention of Child Marriage Act to give it overriding effect...
'Marriages Fixed During Minority Of Child Violates Free Choice' : Supreme Court Suggests Ban On Child Betrothals
The Supreme Court has suggested to the Parliament to consider outlawing child betrothals by amending the Prevention of Child Marriage Act(PCMA), 2006. Since that PCMA does not deal with child betrothals, the Court noted that it can be used to evade the penalties under the Act."Marriages fixed in the minority of a child also have the effect of violating free choice, autonomy, agency and...
Supreme Court Recalls Its Judgment Which Struck Down Sections 3 & 5 Of Benami Transactions (Prohibition) Act 1988
The Supreme Court on Friday (October) recalled its 2022 judgment in Union of India vs Ganpati Dealcom Pvt. Ltd which struck down Sections 3(2) and 5 of the Benami Transactions (Prohibition) Act 1988 as unconstitutional.A bench comprising Chief Justice of India DY Chandrachud, Justice JB Pardiwala and Manoj Misra recalled the judgment allowing a review petition filed by the Union...
'Singling Out Assam Rational; Cut-Off Date Not Arbitrary' : Supreme Court Holds S.6A Citizenship Act Doesn't Violate Article 14
While upholding the constitutional validity of Section 6A of the Citizenship Act 1955, which recognized the Assam Accord, the majority judgment authored by Chief Justice of India D.Y. Chandrachud and Justice Surya Kant (for Justices M.M. Sundresh, Manoj Misra and himself) has held that Section 6A did not violate Article 14. Justice J.B. Pardiwala, who lone dissented, has held otherwise. As...
In Motor Accident Claims, Preponderance Of Probabilities Must Be Applied; Not Proof Beyond Reasonable Doubt : Supreme Court
The Supreme Court on Thursday (Oct. 17) observed that in motor accident claim cases, the courts must apply the principle of preponderance of probability and cannot apply the test of proof beyond reasonable doubt. While observing so, the bench comprising Justices CT Ravikumar and Prashant Kumar Mishra allowed the motor accident compensation claim of the kin of the bike rider who was killed in...
'Post-1971 Illegal Immigration Not Stopped' : Supreme Court To Monitor Action Against Illegal Immigrants In Assam
While upholding the constitutional validity of Section 6A of the Citizenship Act, 1955 - which enables immigrants from Bangladesh who entered Assam before March 25, 1971 to seek Indian citizenship - the Supreme Court lamented that no effective steps have been taken to prevent illegal immigration after 1971.A 5-judge Constitution Bench comprising Chief Justice of India DY Chandrachud,...
S.6A Citizenship Act Doesn't Violate Fraternity, Fraternity Encourages Intermingling Of Different Groups : Supreme Court In Assam Accord Case
The Supreme Court has rejected the argument that Section 6A of the Citizenship Act- which allowed migrants who came to Assam from Bangladesh before March 25, 1971, to seek Indian citizenship -violated the concept of fraternity.A 5-judge Constitution Bench upheld by 4:1 majority (Chief Justice of India DY Chandrachud, Justices Surya Kant, MM Sundresh and Manoj Misra) the constitutional validity...
Mere Presence Of Different Ethnic Groups In A State Doesn't Violate Cultural Rights Of Local Population: Supreme Court In Assam Accord Case
While upholding the constitutional validity of Section 6A of the Citizenship Act, 1955, which recognized the Assam Accord, the Supreme Court (4:1) majority rejected the argument that conferring citizenship to migrants from Bangladesh infringed the cultural and linguistic rights of Assamese guaranteed under Article 29 of the Constitution.The Court, through the judgment of Chief Justice of India...
Supreme Court Acquits Man Sentenced To Death For Alleged Murder Of Mother, Wife & 2-Yr-Old Daughter
The Supreme Court today set aside the conviction and the death sentence of a man for the alleged murder of his mother, wife and two-year-old daughter noting that the prosecution was unable to prove an unbroken chain of events.A bench of Justices BR Gavai, Prashant Kumar Mishra and KV Viswanathan delivered the verdict. Pronouncing the decision, Justice Gavai said:"We have found that...
Supreme Court Upholds Validity Of S.6A Of Citizenship Act Recognizing Assam Accord By 4:1 Majority
The Supreme Court today (October 17) upheld the constitutional validity of Section 6A of the Citizenship Act 1955, which recognized the Assam Accord, by 4:1 majority.The 5-Judge Constitution Bench comprising Chief Justice of India DY Chandrachud, Justices Surya Kant, MM Sundresh, JB Pardiwala, and Manoj Misra delivered the judgment.Justice Pardiwala gave a dissenting judgment to hold Section...