SARFAESI Act cannot override Rent Control Laws; Tenants cannot be evicted using provisions of SARFAESI Act: Supreme Court

A tenant cannot be arbitrarily evicted by using the provisions of the SARFAESI Act as that would amount to stultifying the statutory rights of protection given to the tenant. A non obstante clause (Section 35 of the SARFAESI Act) cannot be used to bulldoze the statutory rights vested on the tenants under the Rent Control Act, the Court said.In a significant ruling, Supreme Court of India has...

Accused not entitled to acquittal merely because the complainant cop was involved in investigation against him: Supreme Court

The Supreme Court of India on Tuesday, has held that an accused is not entitled to acquittal merely because the complainant, apparently a police officer, was involved in the investigation of the complaint against the accused. The Apex Court bench comprising of Justices V. Gopala Gowda and Uday Umesh Lalit made this observation in Surender @ Kala vs. State of Haryana.ContextIn this...

Can a retired Judge continue to head the probe panel against a sitting Judge: RS Chairman asks Law Ministry

Vice President Hamid Ansari has reportedly sought a definite opinion from the Law Ministry on whether retired Supreme Court Judge Vikramjit Sen can continue to head the panel constituted to investigate sexual harassment charges levied against Justice Gangele of Madhya Pradesh High Court.While opining that a retired Judge could not continue to head the panel, the Law Ministry had referred...

SC stays execution of two death row convicts in rape and murder case

The Apex Court on Monday stayed the execution of two death row prisoners, convicted for rape and murder of a minor and a young executive in separate incidents in Mumbai and Delhi.A Bench comprising Chief Justice of India T.S. Thakur, Justice A.K. Sikri and Justice R. Banumathi issued notices to the Delhi and Maharashtra Governments on appeals filed by Vinod alias Chhotu and Prakash...

While Indian SC Constitution Bench starts mulling over the issue, Canada SC gives green signal for Assisted Suicide

In a 5-4 ruling, the Supreme Court of Canada on Friday gave a green signal for assisted suicide to begin now under certain circumstances, while providing the new Liberal Government four months time to pass a law regulating such practice.The Court ruled that doctors in Quebec would be allowed to facilitate the procedure, as the Province of Quebec had already put the law into effect in...

Dowry given during wedding time does not raise presumption that it was entrusted to parents in law of the bride to attract the Offence under Dowry Act: SC [Read Judgment]

Supreme Court on Tuesday has held that giving of dowry and the traditional presents at or about the time of wedding does not in any way raise a presumption that such a property was thereby entrusted and put under the dominion of the parents-in-law of the bride or other close relations so as to attract ingredients of Section 6 of the Dowry Prohibition Act. The Three judge bench comprising of...

A death-row convict gets a fresh lease of life ; SC to re-hear ​Red Fort attack convict Mohd.Arif’s Review Petition

On 2 September 2014, a Constitution Bench of the Supreme Court had deprived a death-row prisoner of the opportunity of open hearing of his review petition by three Judges of the Supreme Court, even while extending this right to other death-row convicts, whose earlier review petitions might have been dismissed by Judges in chambers.  The reason which the bench offered then was that the...

Fali S. Nariman resigns from CPIL; Bhushan Files detailed submissions explaining the working of CPIL [Read Submissions]

Centre for Public Interest Litigation (CPIL) today submitted its stand before the Supreme Court, following the confusion that ensued regarding its working, after certain submissions made before the Court on January 12 were allegedly 'misreported' by the media. The submissions on behalf of CPIL today were signed by five senior lawyers, Mr. Anil Divan, Mr. Shanti Bhushan, Mr. Colin Gonsalves,...

SC seeks Government’s views on granting minority status to Sikhs in Punjab

A five Judge Constitution Bench of the Supreme Court on Monday sought Attorney General Mukul Rohatgi’s assistance to decide whether Sikhs are a minority in Punjab. It also appointed Senior Advocate T.R. Andhyarujina as amicus curiae.  “Sikhs don’t seem to qualify for this (minority) status… neither on the basis of their numerical strength, nor on the basis of their financial...

Sabarimala: SC seeks action taken report from police chief on threats to president of PIL org.; Ensure no harm caused, says Court [Read Order]

The Supreme Court today asked the Delhi Police Commissioner to file a report on the steps taken on the complaint of death threats filed by Naushad Ahmed Khan, president of the Indian Young Lawyers Association whose women members filed a PIL for gender equality regarding entry into the Sabarimala shrine.The court had recently orally observed that there shouldnt be any bar on entry of women.A...

German Supreme Court rules Facebook‘s ‘Friend Finder’ illegal !

Germany’s Top Court has ruled that Facebook’s Friend Finder feature is illegal.  According to the Press release, The Federal Court of Justice upheld the concurrent findings of the courts below which had held that this feature constitutes advertising harassment.In 2010, Federation of German Consumer Organizations had complained that Facebook breached German consumer protection law by...

California Judge says forcing a Catholic Hospital to perform sterilization operation would violate its religious freedom; denies interim relief [Read Order]

Supreme Court Judge Ernest Goldsmith on Thursday refused to direct a Catholic hospital to permit an obstetrician to use its facility to sterilize a woman just after the birth of her third child.Denying the interim relief, Judge Goldsmith observed, "Religious-based hospitals have an enshrined place in American history and its communities, and the religious beliefs reflected in their operation...