Supreme court
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...
Transgender Persons In Heterosexual Relationships Have Right To Marry Under Existing Laws: Supreme Court
While refusing to grant legal recognition for queer marriages in India, the Supreme Court today affirmed that transgender persons in heterosexual relationships have a right to marry as per the existing statutory laws or personal laws. The Constitution bench pronounced four judgements– written by CJI DY Chandrachud, Justice SK Kaul, Justice Ravindra Bhat and Justice PS Narasimha...
Marriage Equality Case | No Right For Queer Couples To Adopt Children, Supreme Court Holds By 3:2 Majority
The Supreme Court today refused to grant legal recognition for queer marriages in India. The Constitution bench has pronounced four judgements– written by CJI DY Chandrachud, Justice SK Kaul, Justice Ravindra Bhat and Justice PS Narasimha respectively, with Justice Hima Kohli concurring with the view of Justice Bhat. Along with this, the Supreme Court also declined the right of adoption...
Supreme Court Refuses To Recognize Same-Sex Marriages, Asks Union Govt To Form Committee To Determine Rights Of Queer Unions
The Supreme Court on 17.10.2023 refused to grant legal recognition for queer marriages in India saying that it is a matter for the legislature to decide. However, all the judges on the bench agreed that the Union of India, as per its earlier statement, shall constitute a committee to examine the rights and entitlements of persons in queer union, without legal recognition of their relationship...
Can Rifle Association Member Possess Third Firearm Only For Target Practice? Supreme Court To Consider
The Supreme Court on Monday issued notice to the Centre in an appeal against the order of the Delhi High Court that had held that a member of a rifle club or rifle association cannot possess a third firearm other than for the limited period of using it for target practice or participation in a competition.The appeal was moved by Meet Malhotra, a lawyer and life member of National...
U.P. Trade Tax Act | 'Tinted Glass' To Be Taxed As “Goods Or Wares Made Of Glass”, As it is Different from 'Plain Glass': Supreme Court
The Supreme Court has held that 'Tinted Glass Sheet' is different from 'Plain Glass sheet' and is thus liable to be taxed as “goods or wares made of glass” under Entry 4 of Notification No.5784 dated 07.09.1981, issued by State Government. Accordingly, the manufacturer of Tinted Glass is liable to pay tax @15% on such goods. The Bench comprising Justice S. Ravindra Bhat and Justice...
'No Immediate Threat To Mother's Life; No Foetal Abnormality' : Supreme Court Rejects Married Woman's Plea To Abort 26-Week Pregnancy
The Supreme Court today (16.10.2023) rejected the plea of a married woman to abort her third pregnancy which has crossed 26-week on the ground that she was suffering from post partum psychosis after her previous delivery in September 2022. The order was passed by a bench comprising CJI DY Chandrachud, Justice JB Pardiwala, and Justice Manoj Misra.Noticing that the pregnancy had crossed 24...
Supreme Court Gives Relief To Person With Colour Blindness, Asks TANGEDCO To Appoint Him As Assistant Engineer
The Supreme Court on Monday (October 16) granted relief to a person with 'colour blindness' by directing the Tamil Nadu Generation and Distribution Corporation Limited (TANGEDCO) to appoint him as an Assistant Engineer (Electrical) at an appropriate grade of pay. The person had appealed to the Supreme Court after TANGDECO denied him appointment in the post of Assistant Engineer (Electrical)...
Supreme Court Refers Electoral Bonds Case To Constitution Bench
The Supreme Court on Monday (October 16) referred the petitions challenging the anonymous electoral bonds scheme to a Constitution Bench of five judges."In view of the importance of issue raised, and with regard to Article 145(4) of the Constitution of India, the matter be placed before a bench of at least five judges," Chief Justice of India DY Chandrachud pronounced this morning when the...
Practice Of Conferring Senior Designation On Advocates Not Arbitrary Or Unreasonable : Supreme Court Rejects Challenge
The Supreme Court on Monday (October 16) upheld the practice of designating senior advocates, affirming the constitutional validity of Sections 16 and 23(5) of the Advocates Act, 1961. Section 16 of the Advocates Act says, "there shall be two classes of advocates, namely, senior advocates and other advocates" and says that the Supreme Court and the High Courts can confer senior...