Daughter Of Kashi Royal Family Head Moves Supreme Court Challenging Places Of Worship Act

The daughter of the Kashi Royal Family, Maharaja Kumari Krishna Priya has filed an intervention application challenging the Places of Worship (Special Provisions) Act, 1991 (the Act) before the Supreme Court. The IA has been filed as part of the petitions already filed before the Supreme Court challenging the Constitutional validity of Sections 2, 3 and 4 of the Act as they bar remedies...

Delivering Used & Defective Car Against Booking For New Car Is Unfair Trade Practice, Dishonest & Unethical : Supreme Court

The Supreme Court has held that delivering a defective and old model car against a booking for a new car made by a customer who has paid full sale consideration is an "unfair trade practice". The Court added that such a practice amounts to "dishonesty on the part of the dealer" and "against morality and ethics".Holding so, the Court affirmed the direction passed by a District Consumer Forum...

Supreme Court Weekly Digest With Nominal And Subject/Statute Wise Index [August 29, 2022 - September 4, 2022]

Administrative Law - Inter-departmental communications cannot be relied upon as a basis to claim any right - Merely writing something on the file does not amount to an order. Before something amounts to an order of the State Government, two things are necessary. First, the order has to be expressed in the name of the Governor as required by clause (1) of Article 166 and second, it has to...

EWS Quota Case : Supreme Court Constitution Bench To Hear 3 Issues Framed By Attorney General

The Supreme Court Constitution Bench, comprising Chief Justice of India UU Lalit, Justices Dinesh Maheshwari, S Ravindra Bhat, Bela M Trivedi and JB Pardiwala on Thursday, took up the the cases challenging the constitutional validity of reservation for Economically Weaker Sections. The bench decided that it will be proceeding apropos the three issues suggested by the Attorney General of India....

"Loan Defaulters Lifestyle Never Suffers; Play With Public Money": Supreme Court

The Supreme Court of India on Thursday observed that it's not possible for the court to monitor how many loans are recovered while hearing a PIL which highlighted the issue of loans advanced to some companies without observing the law, by state-owned Housing and Urban Development Corporation (HUDCO).A Bench comprising of Justices Sanjay Kishan Kaul, Justice Abhay Shreeniwas Oka and Vikram...

Be Slow In Quashing Criminal Proceedings On The Basis Of Settlement Between Complainant & Accused When Offences Are Capable Of Impacting Others : Supreme Court

The Supreme Court observed that the courts should be slow to excercise their jurisdiction to quash criminal proceedings on the basis of settlement, when the offences are capable of having an impact not merely on the complainant and the accused but also on others.Cases involving abuse of official position and adoption of corrupt practices cannot be treated like suits for...

Sikh Practices Well Ingrained In Indian Culture, Can't Compare With Hijab : Justice Hemant Gupta

While hearing the batch of petitions challenging the Karnataka High Court's judgment which upheld the ban on wearing hijab by Muslim girl students in some schools and colleges in the State, Justice Hemant Gupta orally remarked that hijab could not be compared with Sikhism as practices of Sikhism were "well engrained in the culture of the country." In today's hearings, Advocate Nizam Pasha...

Supreme Court Asks Centre To Frame Policy For Employment Of Transgender Persons

The Supreme Court, on Thursday, by way of an interim order, asked the Central Goverment in consultation with the National Council for Transgender Persons to devise appropriate policy framework in terms of which reasonable accommodation can be provided to transgender persons in seeking recourse to avenues of employment in all establishment covered by the provisions of the Transgender...

High Court Misquoted Quran To Hold Hijab Is Not Mandatory In Islam : Nizam Pasha Tells Supreme Court [Day 3]

The Supreme Court, on Thursday, continued hearing the batch of petitions challenging the Karnataka High Court's judgment which upheld the ban on wearing hijab by Muslim girl students in some schools and colleges in the State. The matter was heard by bench comprising Justices Hemant Gupta and Sudhanshu Dhulia. Today, the arguments were commenced by Senior Advocate Devadatt Kamat whose...

Gravity Of Crime Prime Consideration While Sentencing ; Undue Sympathy May Affect People's Faith In Efficacy Of Law : Supreme Court

The Supreme Court observed that the gravity of crime is the prime consideration for deciding what should be the appropriate punishment in a criminal case.If undue sympathy is shown by reducing the sentence to the minimum, it may adversely affect the faith of people in efficacy of law, the bench of Justices Surya Kant and Abhay S. Oka observed.In this case, the accused were convicted...

Arbitration Clause Has To Be Given Effect Even If It Does Not Expressly State That Decision Of Arbitrator Is Final & Binding On Parties: Supreme Court

The Supreme Court observed that an arbitration clause has to be given effect even if it does not expressly state that the decision of the arbitrator will be final and binding on the parties.The deficiency of words in agreement which otherwise fortifies the intention of the parties to arbitrate their disputes, cannot legitimise the annulment of arbitration clause, the...

If I Wear A Headscarf, Whose Fundamental Rights Am I Violating?Sr. Adv. Devadatt Kamat In Hijab Case Hearings [Day 3]

The Supreme Court, on Thursday, continued hearing the batch of petitions challenging the Karnataka High Court's judgment which upheld the ban on wearing hijab by Muslim girl students in some schools and colleges in the State. The matter was heard by bench comprising Justices Hemant Gupta and Sudhanshu Dhulia. The arguments were continued by Senior Advocate Devadatt Kamat from the last hearing...