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Can't Invoke Article 32 To Enforce Places Of Worship Act In Dispute Among Same Religious Denomination : Supreme Court To Jain Sect
The Supreme Court, on Friday, refused to entertain a plea filed under Article 32 of the Constitution by members of the Mohijit Samudaya of the Tapagachh denomination of the Shwetambar Murtipujak Jain religion seeking to enforce the Places of Worship(Special Provisions) Act 1991 against the alleged conversion of places of worship by another segment of the same denomination. The...
Supreme Court Half Yearly Digest 2022 on BAIL
Anticipatory Bail - SLP Against Madras HC Judgment dismissing anticipatory bail with some observations about requirement of custodial interrogation- Dismissed - High Court, after having found no case for grant of pre-arrest bail, has otherwise not given any such direction of mandatory nature - Observations are essentially of the reasons assigned by the High Court in declining the prayer...
'Wish/Desire Of Child' Is Different From 'Best Interest Of Child' : Supreme Court Allows A Father's Plea Seeking Child Custody
The Supreme Court observed that the question of 'what is the wish/desire' of the child is different and distinct from the question 'what would be the best interest of the child'."The question 'what is the wish/desire of the child' can be ascertained through interaction, but then, the question as to 'what would be the best interest of the child' is a matter to be decided by the...
Justice BS Chauhan Commission Recommends Disciplinary Action Against Public Servants For Loss Of Records Of Vikas Dubey's Cases
The inquiry commission headed by former Supreme Court judge Justice (Retd) B S Chauhan to probe into the encounter of gangster Vikas Dubey recommended initiation of disciplinary proceedings against the erring public servants for loss of records of cases relating to Vikas Dubey, gangster who was killed in an encounter by the UP Police in 2020. The recommendations which have been made in...
Peremptory Directions Affecting Third Party Cannot Be Issued In Anticipatory Bail Orders, Reiterates Supreme Court
The Supreme Court reiterated that a peremptory direction affecting a third party cannot be issued in an anticipatory bail order.Very recently, in another case, the Apex Court had held that it is not open for High Courts to implead third parties in exercise of powers under Section 438 of the Code of Criminal Procedure.In this case, while granting an anticipatory bail to an accused...
Challenge To Places Of Worship Act : Supreme Court Refuses To Entertain New Petitions, Allows Intervention In Pending PIL
The Supreme Court, on Friday, refused to entertain petitions challenging the constitutional validity of various provisions of the Places of Worship (Special Provisions) Act 1991, but granted liberty to file intervention application in similar matters pending before it. Appearing before a Bench comprising Justices D.Y. Chandrachud and J.B. Pardiwala, on behalf of one of the petitioners,...
Actor Assault Case: Dileep Moves Supreme Court Seeking Completion Of Trial Within Time Limit
Actor Dileep has approached Supreme Court seeking resumption of trial pending before the Trial Court in the actor assault case. Contending that serious prejudice would be caused if the trial is delayed, the actor in the plea, along with requesting the Top Court to fix a time limit, has also urged for directing the trial court to not use the further investigation report dated July...
"Hardworking And Disciplined Judge" : CJI Ramana Bids Farewell To Justice Khanwilkar
Chief Justice of India NV Ramana described colleague Justice AM Khanwilkar as a "hardworking and a disciplined judge" on the occasion of his farewell."Brother Justice Khanwilkar has always been a very hard-working and disciplined Judge. His work ethic is clear for all to see. He has authored more than 187 judgments and has disposed of nearly 8446 cases in the Supreme Court", CJI said speaking...
Supreme Court Issues Notice In Plea Seeking Constitution Of State Bar Council In Jammu & Kashmir And Ladakh
The Supreme Court, on Friday, issued notice in a plea seeking constitution of Bar Council in Jammu & Kashmir and Ladakh. Supriya Pandit, a Jammu based lawyer had approached the Apex Court in this regard. A Bench comprising Justices D.Y. Chandrachud and J.B. Pardiwala issued notice to the concerned authorities. The petition argued that the entire legal fraternity in Jammu...
'Bar Cannot Be Left At The Mercy Of Registry Officials' : Dushyant Dave Writes
I have been at the bar since 1978. I have always respected the judiciary. In turn, I have received much warmth from many judges. Over four decades, I have been a keen observer of the happenings in the corridors of the Courts, first the Gujarat High Court and since 1986, the Supreme Court of India. I always felt a sense of belonging to the institutions. Today, I felt completely alienated. What I witnessed in the Supreme Court today saddened me beyond words. I feel deeply hurt.When I...