Supreme Court Quashes Gujarat Police FIR Against Senior Advocate & Former ASG IH Syed After Complainant Says Allegation Was Based On Misconception

The Supreme Court has recently quashed a first information report (FIR) against designated senior advocate at the Gujarat High Court and former assistant solicitor-general Iqbal Hasanali Syed after over a year of legal battle. Syed, along with five others, was slapped with charges of causing hurt, criminal intimidation, extortion, wrongful confinement, etc. on a complaint filed...

No More Queues For Supreme Court Entry Passes; Online Portal For E-Passes Launched

The Supreme Court has launched an online portal named "SuSwagatam" through which advocates, litigants and visitors can apply for passes to enter the Court. Chief Justice of India DY Chandrachud announced the launch of the portal today morning, before the commencement of the Constitution Bench hearing in the Article 370 case.At present, persons wanting to enter the Supreme Court...

Article 370 Case : Live Updates From Supreme Court [Day 5]

A Constitution Bench of the Supreme Court will continue its hearing today in the petitions challenging the decision of the Central Government to scrap the special status of Jammu and Kashmir by diluting Article 370 of the Constitution.A bench comprising Chief Justice of India DY Chandrachud, Justice Sanjay Kishan Kaul, Justice Sanjiv Khanna, Justice BR Gavai and Justice Surya Kant will hear...

Supreme Court Half Yearly Digest 2023, Administrative Law

A notification which is not in compliance with clause (1) of Article 77 is not invalid, unconstitutional or non-est for that reason alone. Rather, the irrebuttable presumption that the notification was issued by the President of India (acting for the Union Government) is no longer available to the Union Government. The notification continues to be valid and it is open to the Union Government...

Bilkis Bano Case Hearing | Remission Is Administrative Order; Precedents Against Third Party Action In Criminal Matters May Not Apply : Supreme Court

Allowing third parties to challenge remission orders in a public interest litigation would set a ‘dangerous precedent’ by opening a ‘floodgate of litigation’, Senior Advocate Rishi Malhotra told the Supreme Court on Wednesday, raising a preliminary objection over the maintainability of the public interest litigation (PIL) petitions filed against the premature release of...

Jammu & Kashmir Case | 2019 Presidential Order Indirectly Amends Article 370, Which Is Impermissible : Gopal Subramanium To Supreme Court [Day 4]

On the fourth day of the Indian Supreme Court's hearing in the batch of petitions challenging the dilution of Article 370 of the Constitution of India, Senior Advocate Gopal Subramanium argued that asymmetric federalism, autonomy, and consent were the three pillars of Article 370. He also stated that the exercise of power under Article 356 could not clothe the Government with legal...

Voters' Names Won't Be Deleted From Electoral Rolls Without Giving Them Prior Notice : Election Commission Tells Supreme Court

After the Election Commission of India affirmed that the names of voters will not be deleted from the electoral rolls without giving them prior notice, the Supreme Court recently disposed of a PIL which challenged the constitutional validity of Rule 18 of the Registration of Electors Rules, 1960.The petitioners, former bureaucrats M.G. Devasahayam, Somasundar Burra, and Aditi Mehta, had...

Our Colleges and Universities Are Indispensable to Our Liberal Democracy:Justice BV Nagarathna

Supreme Court Judge, Justice B.V. Nagarathna delivered the presidential address at the 12th Convocation and Founder’s Day of O.P. Jindal Global University. It was titled: ‘Nurturing our constitutional culture, a high-calling for universities.’At the outset, she congratulated the graduates for going through the academic rigor. Our Colleges and Universities Are Indispensable to Our...

Parliament Passes Digital Personal Data Protection Bill

The Rajya Sabha passed the Digital Personal Data Protection Bill, 2023 today, it was already approved by Lok Sabha on August 07.The Bill seeks “to provide for the processing of digital personal data in a manner that recognises both the right of individuals to protect their personal data and the need to process such personal data for lawful purposes.”It applies to the processing of...

Threatening A Person To Withdraw FIR/Complaint Or Settle Dispute Will Not Attract Offence Under Section 195A IPC : Supreme Court

The Supreme Court observed that threatening a person to withdraw a complaint or FIR or settle the dispute would not attract Section 195A of the Indian Penal Code. The later part of Section 195A makes it very clear that false evidence means false evidence before the Court of law, the bench of Justices B R Gavai and J B Pardiwala observed.In this case, the allegation in FIR is that the...

Supreme Court To Hear Curative Petition Against Judgment That Arbitration Clause In Insufficiently Stamped Agreement Cannot Be Acted Upon

The Supreme Court recently listed a curative petition against its 2020 ruling that had held that an arbitration clause in an insufficiently stamped agreement cannot be acted upon by court, for open court hearing on 24th August 2023. A bench comprising of Chief Justice DY Chandrachud, Justice Sanjay Kishan Kaul, Justice Sanjiv Khanna, Justice B R Gavai and Justice Surya Kant issued notice in...

Insurance Companies Must Deal In A Bonafide & Fair Manner ; Should Not Just Care For Its Own Profits : Supreme Court

The Supreme Court observed that an insurance is expected to deal with the insured in a bonafide and fair manner and should not just care for and cater to its own profits.It is the duty of the insurance company to disclose all material facts within their knowledge since the obligation of good faith applies to both equally, the bench of Justices AS Bopanna and Sanjay Kumar observed.In this...