Larger Bench Judgment Will Prevail Regardless Of Number Of Judges In Majority : Supreme Court

A Constitution Bench of the Supreme Court on Monday ruled that a judgment delivered by a larger bench will prevail irrespective of the number of judges constituting the majority. To illustrate, the judgment of a 7-judge bench delivered with 4:3 majority will prevail over a unanimous 5-judge bench.A 5-judge bench comprising Justices Indira Banerjee, Hemant Gupta, Surya Kant, M. M. Sundresh...

Supreme Court Refers Issue On "Framing Guidelines On Mitigating Circumstances To Be Considered While Imposing Death Sentences" To Five Judge Bench

The Supreme Court on Monday referred to a 5-judge bench the issue relating to hearing the accused before imposing the death penalty on him.A bench comprising Chief Justice of India UU Lalit, Justices S Ravindra Bhat and Sudhanshu Dhulia noted that there were conflicting judgments regarding the grant of hearing to an accused before imposing death sentence on him. The bench noted that in...

[CRPF Protection To Unnao Survivor's Family And Lawyer] There Is No Threat Perception Now:Centre Submits Before SC

A Division Bench of the Supreme Court of India on Friday received responses from the State of Uttar Pradesh and the Union of India with respect to the "threat perception" in UP. The hearing was held as a part of the writ of "perpetual mandamus" issued in 2019 after Supreme Court decided to take suo motu cognisance of various reports on the rise in cases of sexual assault on children....

"Dissent Is The Basis for Tomorrow's Lawmaking": SC Judges Remember Justice Syed Mahmood: Colonial India's Dissenting Judge

"Dissent is the basis for tomorrow's lawmaking, one must remember. Sometimes, it is felt that if everybody goes on the same line and the same passageway, that is what should happen, forgetting that the legal minds are rendering opinions. There is nothing to be touchy about it. The opinion is what a particular judge feels should be the law and therefore, it is the jurisprudential development...

'Matter Requires Hearing": SC Posts Plea Against Scheduled Tribes And Other Traditional Forest Dwellers (Recognition Of Forest Rights) Act, 2006 After Diwali

The Supreme Court on Tuesday posted for hearing after the Diwali vacation the 2008 petitions by NGO Wildlife First and few retired forest officials, challenging the validity of the Scheduled Tribes And Other Traditional Forest Dwellers (Recognition Of Forest Rights) Act, 2006. The Court allowed parties to file any affidavits that they may wish to, with service on the other side.According to...

Not Necessary To Give Opportunity Of Hearing To Would-Be Accused Before Court Makes Complaint U/Sec 195/340 CrPC : Supreme Court

The Supreme Court observed that it is not necessary to give an opportunity of hearing to a would- be accused before a complaint is made under Section 195/340 CrPC.The Three Judges Bench comprising Justices Sanjay Kishan Kaul , Abhay S. Oka and Vikram Nath were answering the reference made to it by a two judges bench. The issues referred were i) Whether Section 340 of the Code of...

Supreme Court Weekly Round Up : September 12 To September 17,2022

Hyderpora Encounter - "Decent Burial Given, Last Rites Performed By State" : Supreme Court Dismisses Father's Plea For Handing Over Son's BodyCase Status: Mohammad Latief Magrey v. Union Territory of Jammu Kashmir And Ors. SLP(C) No. 12743/2022 Observing that Amir Magrey, who was killed by security forces in the Hyderpora encounter in Jammu and Kashmir was given a decent burial by the...

Disburse Arrears Under One Rank One Pension Scheme In Three Months : Supreme Court To Centre

The Supreme Court, on Friday, asked the Central Government to disburse the arrears to eligible pensioners of the armed forces within a period of 3 months. It extended the three months period granted to the Central Government in its judgment dated 16.03.2022, wherein the Apex Court had upheld "One Rank One Pension" ("OROP") Scheme in Defence Forces. "Time period of 3 months fixed in...

Federalism Most Suited Idea For India In View Of Its Diversity, Centralising Whole Things Will Lead To Troubles : Justice Chelameswar

Former Supreme Court judge Justice Jasti Chelameswar on Saturday remarked the the idea of Federalism is the most suitable idea for India, in view of its diversity. "The minute you try to centralize the whole thing and create a model which you believe is good for the entire country and for all the states and all the classes of people, then we are into trouble", he said.He was talking at a...

Supreme Court Half Yearly Digest (Jan - Jun) Administrative, Labour & Service Laws

Administrative Law - Appeal challenging adverse Remarks made in the Allahabad HC judgment regarding a Statutory authority - Allowed - Even if the High Court found that the impugned actions of the authorities concerned, particularly of the appellant, had not been strictly in conformity with law or were irregular or were illegal or even perverse, such findings, by themselves, were not...

Andhra Pradesh Govt Moves Supreme Court Against High Court Direction To Develop Amaravati As Capital

Andhra Pradesh Government has moved the Supreme Court assailing the judgment of the Andhra Pradesh High Court which declared Amravati to be the only capital of the State.The petition filed by Advocate Mehfooz Nazki highlights four core issues on which the petition challenges the order:1. The issue had become infructuous since the impugned legislations had been repealed.2. Under the...

4 Ps Essential For A Successful Lawyer : Justice MR Shah's Advice To Young Law Graduates

Supreme Court judge Justice MR Shah on Saturday while speaking at the 9th Convocation Ceremony of National Law University Odisha advised young law graduates to never compromise with their ethics and to always live a life full of honesty and integrity. The ceremony was also graced by Supreme Court judge Justice D.Y Chandrachud and Chief Justice of India U.U. Lalit who delivered the...