Animals Have No Rights Under Constitution; Jallikattu Not A Mere Sport, Has A Societal Purpose : TN Govt Tells Supreme Court

A 5 judge Constitutional bench headed by Justice KM Joseph and comprising Justices Ajay Rastogi, Aniruddha Bose, Hrishikesh Roy and CT Ravi Kumar, is hearing a batch of petitions challenging constitutionality of laws permitting Jalikattu, Kambala and bull-cart race in states like Tamil Nadu, Karnataka and Maharashtra. Senior Advocate Kapil Sibal representing the State of...

"Is There A Compelling Reason To Release GM Mustard Now?": Supreme Court Asks Centre Reasons For Deviating From Expert Committee's Opinion

Is there a compelling reason for the environmental release of the genetically modified herbicide-tolerant mustard crop at this stage, and will such release have an irreversible adverse effect on the environment, the Supreme Court of India asked the Centre on Wednesday. A Division Bench comprising Justices Dinesh Maheshwari and B.V. Nagarathna was hearing a batch of petitions seeking a ban on...

Ludhiana Bar Election Has To Be Rescheduled As Voters' List Not Yet Ready : P&H Bar Council Tells Supreme Court

On Thursday, the State Bar Council of Punjab and Haryana informed the Supreme Court, that the District Ludhiana the Bar Council election programme which is proposed to be conducted on 16th December, 2022 ought to be rescheduled in view of the fact that the State Bar Council is yet to finalise the voters' list.The matter was mentioned by an applicant who had filed an application for stay of...

Anticipatory Bail Can't Be Set For A Limited Period, Supreme Court Says

While hearing an application seeking anticipatory bail, the Supreme Court of India on Thursday stated that it can't be set for a limited time frame."How can an anticipatory bail be limited to four weeks?!", asked a Bench of Justices MR Shah and Sudhanshu Dhulia.The Bench was hearing an appeal filed by politician Monirul Islam challenging an order of the Calcutta High Court that had granted...

Supreme Court Weekly Digest With Nominal And Subject/Statute Wise Index [November 21 – 30, 2022]

Arbitration and Conciliation Act, 1996; Section 11(6) - The court at the referral stage can interfere only when it is manifest that the claims are ex facie time­barred and dead, or there is no subsisting dispute. In the context of issue of limitation period, it should be referred to the Arbitral Tribunal for decision on merits. Similar would be the position in case of disputed...

'Don't Waste Time Gossiping In Canteen; Sit In Court & Observe How Other Advocates Argue': Supreme Court Judge Advises Young Lawyer

'Don't waste your time gossiping in the Court canteen, in your free time, sit in Court and observe how other advocates are arguing', was the advice that Supreme Court judge Justice MR Shah passed on to a young advocate on Thursday.Recalling his initial days in Court, Justice MR Shah said that he was often asked to sit in courts and observe how other advocates were arguing their cases."Sit...

Earlier Judgments Were Cited By Mentioning The Name Of Author Judge, Now It Has Changed : CJI DY Chandrachud

Chief Justice of India DY Chandrachud on Thursday, while dealing with a matter pertaining to insurance, highlighted that there had been a "marked departure" in the way precedents were cited in judgements. He stated that while earlier it was common for judges to refer to cases by naming the judge who had authored the judgement, it was no longer the case now. Now cases are cited by...

'Arrest Memo, Body Search Memo Not Proved; Site Plan Incorrect' : Supreme Court Sets Aside Conviction Under NDPS Act

The Supreme Court recently acquitted a person, who was sentenced to 10 years imprisonment and pay Rs 1 lakh fine for the offence of possessing charas. Granting him benefit of doubt due to the lacunae and gaps in the prosecution, a bench comprising Justices Sanjiv Khanna and JK Maheshwari set aside the conviction of the appellant under Section 20 of the Narcotic Drugs and Psychotropic...

UP Awas Evam Vikas Parishad's Function Does Not Include Fixing its Employees' Service Conditions : Supreme Court

The Supreme Court has reiterated and held that "where an enactment requires to do a certain thing in a certain way, the thing must be done in that way and in no other manner" in the judgment of State of U.P. & Ors. vs. Virendra Kumar & Ors. A bench of Justices Sanjay Kishan Kaul, Abhay S. Oka and Vikram Nath have delivered the judgment which has been authored by Justice Abhay...

1 KM ESZ Mandate For Forests | Supreme Court Says Ground Realities Have To Be Considered

Commenting about the practical difficulties in having a uniform mandate of 1 kilometer Eco Sensitive Zone for all protected forests across the country, the Supreme Court on Wednesday orally remarked that the ground realities have also to be taken into account.A bench comprising Justices BR Gavai and Vikram Nath was hearing a batch of applications filed in the TN Godavarman Thirumalpad case,...

NEET-PG : Supreme Court Refuses To Entertain Disabled Candidate's Plea For Admission To Dermatology Course In PwD Quota

The Supreme Court on Wednesday refused to entertain a plea filed by a physically challenged general quota candidate seeking admission in the Master of Medicine programme in a medical college in the State of West Bengal . The matter was heard by a bench comprising CJI DY Chandrachud, Justice PS Narasimha and Justice JB Pardiwala.As per the petitioner, the State quota had no reserved seats...

Chapter VIII CrPC Provisions Not To Be Used As 'Vehicle For Punishment' ; Demand Of Excessive Amount Of Security/Bond Impermissible: Supreme Court

The Supreme Court observed that the provisions of Chapter VIII of the Code of Criminal Procedure are merely preventive in nature and are not to be used as a 'vehicle for punishment'.The demand of excessive and arbitrary amount of security/bond is impermissible as it stultifies the spirit of Chapter VIII of the Code, the bench of Justices Dinesh Maheshwari and Sudhanshu Dhulia said.Chapter...