Supreme court
Children's Right Not To Have Their Legitimacy Questioned Frivolously Part Of Their Privacy Right : Supreme Court On Power To Order 'DNA Test'
The Supreme Court observed that DNA tests of children born during the subsistence of a valid marriage may be directed only when there is sufficient prima-facie material to dislodge the presumption under Section 112 of the Evidence Act."Children have the right not to have their legitimacy questioned frivolously before a Court of Law. This is an essential attribute of the right to privacy",...
Kaali Poster Row : Supreme Court Extends Interim Protection To Filmmaker Leena Manimekalai
The Supreme Court of India directed the state governments to file counter affidavits in the matter concerning multiple FIRs registered against filmmaker Leena Manimekalai in various states over the poster of her documentary titled "Kaali". The matter was listed before a bench comprising Chief Justice DY Chandrachud, Justice PS Narasimha, and Justice JB Pardiwala. The court, while adjourning...
Supreme Court Refuses To Stay HC Order Suspending Lakshadweep MP Mohammed Faizal's Conviction
The Supreme Court, on Monday, issued notice in a plea filed by Union Territory of Lakshadweep challenging the order of Kerala High Court which suspended the conviction and sentence of Member of Parliament Mohammed Faizal in an attempt to murder case. Two petitions have been filed before the Supreme Court, one by the prosecuting agency and the other by the original complainant. Notices were...
General Power Of Attorney Holder Can Sub-Delegate His Powers If There Is A Specific Clause Permitting Sub-Delegation : Supreme Court
The Supreme Court has held that a general power of attorney holder can sub-delegate his powers to another person if there is a specific clause authorising sub-delegation."The law is settled that though the general power of attorney holder cannot delegate his powers to another person but the same can be delegated when there is a specific clause permitting sub-delegation", the Court...
False Claim About Educational Qualification In Election Affidavit Not 'Corrupt Practice' As Per RP Act : Supreme Court
The Supreme Court, on Monday, observed that in India, no one votes on the basis of education qualification and therefore providing false information regarding education qualification of an election candidate can not be termed as a ‘corrupt practice’ within the meaning of Section 123(2) and Section 123(4) of the Representation of People’s Act, 1951. A Bench comprising Justice K.M. Joseph...
Supreme Court Dismisses Ex-AAP Councillor Tahir Hussain's Plea Challenging Money Laundering Charges
On Monday, the Supreme Court refused to interfere in an SLP moved by ex-MCD councillor and AAP leader Tahir Hussain seeking relief in a money laundering case.A Bench of Justices V Ramasubramanian and Pankaj Mithal, in the order, said,“The case is only at the stage of framing of the charges. Therefore, we see no reason to interfere with the impugned order at this stage. It is needless to...
‘Remove Hate From The Mind, Don't Belittle Our Great Civilization : Supreme Court
In a batch of petitions seeking directions to regulate hate speech, the Supreme Court, on Monday, indicated that not everything said would amount to hate speech. The invocation of Section 153A would largely depend on the interpretation of the provision by the Supreme Court. In this regard, a Bench comprising Justice K.M. Joseph and Justice B.V. Nagarathna referred to its recent direction to...
UPSC Civil Services Exam : Supreme Court Dismisses Plea Seeking Extra Attempt, Says ‘Let Govt Take a Call’
A division bench of the Supreme Court of India on Monday dismissed a plea by civil services aspirants for a compensatory attempt to clear the Union Public Service Commission examination. The preliminary examination is scheduled to be held in May this year, while the main examination will be held later in September. The petitioners claimed that owing to the COVID-19 pandemic,...
'ECI Acted With Bias & Unfairness' : Uddhav Thackeray In Plea Before Supreme Court Challenging Decision To Recognise Eknath Shinde Group
In yet another development in Maharashtra's Political Crisis, the Uddhav Thackeray faction has approached the Supreme Court of India challenging the decision of the Election Commission which recognized the Eknath Shinde faction as the official Shiv Sena. The plea challenging the order of 17th February 2023 passed by the Election Commission of India was mentioned by Senior Advocate Dr....
'We're Here To Do A Constitutional Duty, Not To Please Anyone' : CJI DY Chandrachud
"We are here to do a constitutional duty and not to please you or anyone", Chief Justice of India DY Chandrachud told PIL petitioner Advocate Ashwini Upadhyay, while dismissing a petition filed by him seeking uniform age of marriage for men and women.What irked the CJI was a comment made by Upadhyay- "What was the point of transferring this to Supreme Court?". The Court had transferred...
Supreme Court Imposes Costs On Sanjiv Bhatt For Challenging HC Direction Setting Deadline For Trial In Drug Seizure Case
The Supreme Court on Monday dismissed a petition filed by former IPS officer Sanjiv Bhatt challenging a Gujarat High Court order which set a deadline for the trial in an alleged drug planting case in which he is an accused. The High Court has directed the trial to be competed by March 31, 2023.A bench comprising Justices BR Gavai and Aravind Kumar termed Bhatt's petition "frivolous" and imposed...