500 Supreme Court LiveLaw Citations 2022 Part 3 (Citations 201 to 300)

Constitution of India, 1950; Article 32 - Code of Criminal Procedure, 1973; Section 482 - Writ Petition, under Article 32 of the Constitution of India, for the relief(s) prayed to quash and set aside the criminal proceedings/FIR ought not to have been filed - It is not expected that the relief which can be considered by the High Court under Section 482 Cr.P.C. to be considered...

Preventive Detention Can't Be Invoked For Ordinary Law & Order Situation : Supreme Court

Stressing that the preventive detention law "strikes hard on the freedom and liberty of an individual, and cannot be exercised in a routine manner", the Supreme Court has observed that "the powers to be exercised under this law are exceptional powers which have been given to the government for its exercise in an exceptional situation".The Court has once again highlighted the distinction...

By All Means, Let It Rain! Rain Is Welcome On The Entire Mediation Landscape, Not In Select Judicial Enclaves Questionably Acquired-A Response To Sr.Adv.K Kannan's Article

This is a response by Senior Advocate and Mediator Sriram Pancu to an article written by Senior Advocate and Mediator K Kannan which was published in LiveLaw on 22nd June under the headline "What The Dark Clouds Bring – Just Not Storm But Rain!"On 13th June 2022, the news portal The Wire carried my article titled "Thanks to Our Judges, Darkness Now Clouds India's Mediation Playing Field" wherein I spoke about unhealthy practices manifesting themselves in different ways - of judges using...

Citizens Should Work Tirelessly To Sustain Freedom, Liberty & Democracy Our Forefathers Fought For : CJI Ramana

After visiting the Independence Hall in Philadelphia, USA, Chief Justice of India NV Ramana spoke about the necessity of citizens working tirelessly to sustain and further the liberty, freedom and democracy which their forefathers fought for.In 1776, the Second Continental Congress signed the Declaration of Independence at the Independence Hall. Eleven years later, in the same room, delegates...

Supreme Court Weekly Round Up :June 19- June 25,2022

Supreme Court Judgements 1. 'Estoppel Cannot Override Law' : Supreme Court Accepts Unsuccessful Candidates' Challenge To Selection Process Held Against Regulations Case Title : Krishna Rai (Dead) Through LRs versus The Banaras Hindu University & Others Citation : 2022 LiveLaw (SC) 553 The Supreme Court recently held that the principle of estoppel...

Roe v. Wade Overruled : What Does Indian Law Say On Abortion?

Intense debates are going on about the decision of the Supreme Court of the United States of America which held that there is no constitutional right to abortion by overruling the 50-year old land mark decision Roe v. Wade.Rights activists and prominent public figures including US President Joe Biden, Vice President Kamala Harris, former US President Barack Obama, Michelle Obama, Bernie...

"Curtails Women's Status As Free & Equal Citizens" : SCOTUS Liberal Judges Dissent "With Sorrow" From Majority Decision Nullifying Abortion Rights

The Supreme Court of United States on Friday overturned Roe v. Wade wiping out the constitutional right to abortion that had been in place for nearly 50 years. The Court in a 6-3 ruling powered by its conservative majority upheld a Republican-backed Mississippi law that bans abortion after 15 weeks.The controversial ruling which had been expected since May after new portal Politico published...

BREAKING| US Supreme Court Overturns Roe v. Wade Ending 50 Years Of Federal Abortion Rights

The US Supreme Court on Friday overturned Roe v. Wade, the landmark ruling that established the constitutional right to abortion in the U.S. in 1973. The Court in a 6-3 ruling powered by its conservative majority upheld a Republican-backed Mississippi law that bans abortion after 15 weeks. Friday's landmark ruling is in favour of the state of Mississippi in a highly controversial case- Dobbs...

Gujarat Riots : Summary Of Supreme Court Judgment Dismissing Zakia Jafri's Plea To Probe "Larger Conspiracy"

The Supreme Court on Friday dismissed a petition filed by Zakia Ehsan Jafri challenging the closure report filed by SIT discarding the allegations of larger conspiracy by high state functionaries including the then Gujarat Chief Minister Narendra Modi and 63 others in the Gujarat riots of 2002 that ensued the Godhra train massacre.A Bench comprising Justices AM Khanwilkar, Dinesh Maheshwari...

It Has Never Been The Effort Of Courts To Make Death Penalty Redundant Or Non Existent : Supreme Court

While upholding the death sentence awarded to a man for the rape and murder of a seven and a half year old girl who was mentally and physically challenged, the Supreme court observed that it has never been the effort of the Courts to somehow make the death penalty redundant and non-existent for all practical purposes."The quest for justice in such cases, with death sentence being awarded...

Gujarat Riots - Mere Failure Or Inaction Of State Administration No Basis To Infer Conspiracy : Supreme Court In Zakia Jafri's Plea

Dismissing the appeal filed by Zakia Jafri challenging the clean chit given by the SIT to Narendra Modi and 63 other state functionaries in the Gujarat riots case, the Supreme Court observed that conspiracy cannot be inferred on the basis of mere failure or inaction of the state administration."Conspiracy cannot be readily inferred merely on the basis of the inaction or failure of the...

A Non-Performing Judiciary Can't Be Said To Be Independent : Justice JB Pardiwala, Supreme Court Judge

"We often talk of an independent judiciary- what do we mean by an independent judiciary? For a judiciary to be independent, it has to be a performing judiciary. A non-performing judiciary cannot be said to be independent. When I say performing judiciary, it means that every judge is free to decide matters before him in accordance with his assessment of the facts and his understanding of the...