Supreme court
"Cannot Pursue Petitions To Show To Press": Supreme Court Dismisses Ashwini Upadhyay's PIL Seeking Uniform Endowment Code
The Supreme Court on Wednesday(October 18) refused to entertain a PIL filed by Advocate Ashwini Upadhyay seeking to declare that Hindus, Buddhists, Jains and Sikhs have similar rights to administer their religious places without State interference like Muslims, Parsis and Christians. The bench comprising CJI DY Chandrachud, Justice JB Pardiwala, and Justice Manoj Misra remarked that the...
Marriage Equality Case : Conclusions & Directions Of Supreme Court Judgments
Chief Justice of India DY Chandrachud, Justice Sanjay Kishan Kaul, Justice S Ravindra Bhat and Justice PS Narasimha pronounced separate judgments.In terms of the reportable judgment, the Chief Justice of India issued following directions and conclusions:a. The Union Government, State Governments, and Governments of Union Territories are directed to:i. Ensure that the queer community is...
Provident Fund | When Can Two Establishments Be Clubbed Together For EPF Act Coverage? Supreme Court Explains
A Division Bench of the Supreme Court recently determined the legal position pertaining to the clubbing of different institutes for the purpose of coverage under the Employees’ Provident Funds and Miscellaneous Provisions Act, 1952 (EPF Act). After referring to several decisions with respect to the subject matter, the Court concluded that there is a financial integrity between the...
When Notice Is Returned As ‘Unclaimed’, It Must Be Deemed Proper Service; 'Unclaimed' Same As 'Refusal': Supreme Court
The Supreme Court recently held that when notice is returned as ‘unclaimed’, it shall be deemed to be served on the addressee and considered proper service. The Apex Court also clarified that the word ‘refusal’ can be interpreted as synonymous to the word ‘unclaimed’.In matter at hand, notice issued to the respondent had returned with the remarks ‘unclaimed’. The Registry in...
'National Interest Can Be In Hearing The Matter Also': Supreme Court To Examine If Judgment Upholding ED's Powers Need Reconsideration
In a significant development, a three-judge bench of the Supreme Court agreed to hear applications seeking reconsideration of the judgment in the 'Vijay Madanlal Chaudhary' which became controversial for strengthening the powers of the Directorate of Enforcement.A three-judge bench of Justices SK Kaul, Sanjiv Khanna and Bela M Trivedi on Wednesday (October 18) listed the matter for hearing...
Disability Rights | Twin Conditions In RWPD Act Creating Barriers, Says Supreme Court While Granting Relief To Person With Colour Blindness
The Supreme Court has expressed concerns about the conditions of disabilities falling within defined categories and meeting the criteria of "benchmark disabilities" under the Right to Persons with Disabilities Act 2016 (RPwD Act). While hearing a case of a person with colour blindness who was denied appointment in the post of Assistant Engineer (Electrical) in the Tamil Nadu Generation...
'Unbecoming Of A Judicial Tribunal' : Supreme Court Issues Contempt Notice To NCLAT Members For Passing Judgment Defying SC Order
In an unprecedented development, the Supreme Court on Wednesday (October 18) issued notices to two members of the National Company Law Appellate Tribunal (NCLAT) to show cause for not initiating contempt proceedings against them for delivering a judgment in violation of a status quo order passed by the Supreme Court.A bench led by Chief Justice of India DY Chandrachud and comprising Justice...
Consumer Disputes Are Non-Arbitrable, Consumers Can't Be Compelled Into Arbitration : Supreme Court
The Supreme Court recently held that consumer disputes are non arbitrable disputes and a party cannot be compelled into arbitration just because they are a signatory to an arbitration agreement. A bench of Justice Sanjay Kishan Kaul and Justice Sudhanshu Dhulia observed that the Consumer Protection Act is a piece of welfare legislation with the primary purpose of protecting the interest of...
Right To Civil Union, Adoption, Transgender Persons' Right To Marry: Where Supreme Court Bench Agreed & Disagreed In Marriage Equality Case
"There is a degree of agreement and a degree of disagreement on how far we have to go," remarked CJI DY Chandrachud as he commenced the pronouncement of the judgement denying the grant of legal recognition for queer marriages in India in open court yesterday. With four separate judgements authored by CJI DY Chandrachud, Justice SK Kaul, Justice Ravindra Bhat, and Justice PS Narasimha, a lot...
Marriage Equality | 5 Reasons Why Supreme Court Didn't Include Same-Sex Unions Under Special Marriage Act
On October 17, 2023, a Supreme Court Constitution Bench unanimously held that it could not strike down or read down the provisions of the Special Marriage Act (SMA),1954 to include non-heterosexual unions within the ambit of 'marriage'. In doing so, the Supreme Court effectively denied legal recognition for queer marriages in India. Despite the Constitution bench having pronounced...
End Discrimination Against Queer Couples, Address Exclusion Of Same-Sex Partners From Benefits: Supreme Court To State
Even though the Supreme Court refrained from granting legal recognition for same-sex marriages, it did make a strong call to the State to take steps to end the discrimination faced by queer couples and to ensure protection for their right to cohabitation.The Court clearly observed that the discrimination faced by the queer community due to the exclusion of same-sex partners from welfare...
"Speaker Giving Interviews, Not Doing His Job": Supreme Court Gives "Final Opportunity" To Maharashtra Speaker On Disqualification Pleas
The Supreme Court today granted a "final opportunity" to the Speaker of the Maharashtra Legislative Assembly for laying down an appropriate schedule for expeditious hearing of the disqualification petitions filed in relation to rift within the Shiv Sena and the Nationalist Congress Party. On the last hearing, the court had criticised the Speaker for laying down a long schedule for the Shiv...