Should Disqualification Of Elected Representative On Conviction Be Based On Nature Of Crime? Supreme Court Asks In Abdullah Azam Khan's Plea

Whether a legislator's suspension due to conviction in a criminal case should be based on the moral turpitude involved in the offence?. The Supreme Court raised this query while hearing Samajwadi Party leader Mohammed Abdullah Azam Khan's plea to stay the conviction in a case, which resulted in his disqualification as a member of the UP legislative assembly. A bench comprising Justices...

Home Secretary Cannot Order Further Investigation Or Reinvestigation Of Case By Another Agency : Supreme Court

The Supreme Court recently held that Section 173(3) read with Section 158 of CrPC does not permit the Secretary (Home) to order for further investigation or reinvestigation by another agency, other than the officer in charge of the concerned Police Station and/or his superior officer.The division bench of Justice M.R. Shah and Justice C.T. Ravikumar observed:“….as it is a case...

Sedition Law | Process To Re-Examine Section 124A IPC Underway, Consultations At An Advanced Stage: AG Tells Supreme Court

On Monday, the central government informed the Supreme Court that it was in the process of re-examining Section 124A of the Indian Penal Code and that the said process was in an advanced stage. The submission was made by Attorney General for India R Venkataramani before a bench comprising CJI DY Chandrachud and Justice JB Pardiwala while the bench was hearing peas challenging the 152-year...

How To Decide If A Marriage Has Irretrievably Broken Down? Supreme Court Indicates Factors

In a significant judgment, the Supreme Court has held that it can dissolve marriages on the ground of 'irretrievable breakdown of marriage', by invoking the powers under Article 142 of the Constitution, as per which the Supreme Court can issue extraordinary directions to do "complete justice".It may be noted that "irretrievable breakdown of marriage" is not a statutorily recognised ground...

P&H HC Lawyers' Plea For Hybrid Hearings : Supreme Court Says HC May Consider On Administrative Side

In a plea challenging the Punjab and Haryana High Court's decision to completely prohibit access to hybrid hearings following the resumption of physical hearings, the Supreme Court on Monday granted petitioners the liberty to move to the Chief Justice of Punjab and Haryana High Court to address the grievance on an administrative side. The direction was given by a bench comprising CJI...

Parties Cannot Directly Approach Supreme Court Under Article 32 Seeking Divorce On Ground Of Irretrievable Breakdown Of Marriage : SC

While holding that irretrievable breakdown of marriage can be a ground to grant divorce by invoking powers under Article 142 of the Constitution, the Supreme Court clarified that a party cannot file a writ petition under Article 32 of the Constitution of India and seek relief of dissolution of marriage on the ground of irretrievable breakdown of marriage directly from it.The Constitution...

Waiting Period For Mutual Consent Divorce As Per S.13B(2) Of Hindu Marriage Act Can Be Waived Invoking Article 142 : Supreme Court

A Constitution Bench of the Supreme Court has held that it can invoke the special powers under Article 142 of the Constitution of India to waive the waiting period of 6 to 8 months prescribed for seeking divorce through mutual consent as per Section 13-B of the Hindu Marriage Act 1955.The 5-judge bench comprising Justices Sanjay Kishan Kaul, Sanjiv Khanna, AS Oka, Vikram Nath and JK...

Chargesheet Not Incomplete Merely Because It Was Filed Without Sanction; Accused Can't Seek Default Bail On That Ground : Supreme Court

The Supreme Court today pronounced a judgement holding that an accused person would not be entitled to default bail on the ground that the chargesheet filed against them is without a sanction of valid authority and hence is an incomplete chargesheet. The judgement was pronounced by a bench comprising CJI DY Chandrachud and Justice JB Pardiwala. The bench held that whether the sanction of a...

Supreme Court Dismisses As Withdrawn Plea To Ban Political Parties With Religious Names & Symbols; Gives Liberty To Move HC

The Supreme Court of India on Monday allowed the withdrawal of a petition seeking the ban of political parties which use names and symbols with religious connotations."The appearing counsel seeks permission to withdraw the present petition with the liberty to approach the high court. Writ petition stands dismissed as withdrawn, with the above liberty. We have not expressed anything on merits...

Plea Challenging Anand Mohan's Premature Release : Supreme Court To Hear On May 8 Plea Of Slain IAS Officer's Wife

The Supreme Court on Monday agreed to hear on May 8 a petition filed challenging the decision of the Bihar Government to grant premature release to former Bihar MP Anand Mohan in the case for the mob lynching of Gopalganj District Magistrate G Krishnaiah in 1994.The petition was filed by Uma Krishnaiah, the widow of District Magistrate G Krishnaiah, who was killed after an attack by a mob led...

'Anti-Conversion Laws Prone To Misuse Against Minorities; No Forceful Conversions In State For Many Years': TN Govt To Supreme Court

Responding to a PIL filed to direct the Law Commission of India to prepare a draft on anti-conversion law, the Tamil Nadu Government has submitted before the Apex Court that Anti-conversion laws are prone to misuse against minorities. The PIL filed by BJP leader Ashwini Upadhyay has also sought for a direction to the government to take steps to control forceful or fraudulent...

'Irretrievable Breakdown of Marriage' A Ground To Dissolve Marriage Invoking Article 142 Powers : Supreme Court

In a significant verdict, a Constitution Bench of the Supreme Court on Monday held that it can invoke its special powers under Article 142 of the Constitution of India to grant divorce on the ground of irretrievable breakdown of marriage, which is not yet a statutorily recognised ground."We have held that it is possible for this court to dissolve marriage on the ground of irretrievable...