Supreme Court Issues Notice On Plea Challenging Lesser Punishments For Offences Against Transgender Persons

According to the petitioner, the punishments provided under Section 18 of the Transgender Persons (Protection of Rights) Act 2019 are inadequate.

Daughter's Right To Inherit Self-Acquired Property Of Father Dying Intestate Recognized Under Customary Hindu Law : Supreme Court

The Supreme Court has observed that a daughter is capable of inheriting the self-acquired property or share received in the partition of a coparcenary property of her Hindu father dying intestate.In this case, the property in question was admittedly the self-acquired property of Marappa Gounder. The question raised by the appellant was whether Late Gounder's sole surviving daughter Kupayee...

UPSC Civil Services Exam : Supreme Court Refuses To Entertain Plea To Quash Select List For Violating 50% Reservation Limit

The Supreme Court on Friday refused to entertain a writ petition filed by a civil service exam candidate seeking to quash the final selection list for Union Public Services Commission(UPSC) Civil Services Examination 2020 to the extent it violates the 50% reservation ceiling.The petitioner, Nitish Shankar, who had appeared in the 2020 civil services exam, argued that by implementing...

Justice Nageswara Rao Recuses From Tarun Tejpal's Plea Seeking In-Camera Hearing Of Rape Case Appeal In HC

Supreme Court judge Justice L Nageswara Rao on Friday recused from hearing the special leave petition filed by journalist Tarun Tejpal challenging the order passed by Bombay High Court(Goa Bench) rejecting his application moved under Section 327 CrPC for conducting hearings in-camera in the appeal proceedings against his acquittal in a 2013 rape case.Justice Nageswara Rao told the...

Reservation Not At Odds With Merit; Individual Calibre Trascends Performance In Exams : Supreme Court

The Supreme Court on Thursday ruled that merit should be socially contextualised and reconceptualised as an instrument that advances social goods like equality that we as a society value, and that in this context, reservation is not at odds with merit but furthers the distributive consequences of social justice."Merit cannot be reduced to narrow definitions of performance in an open...

RFCTLARR Act Not Applicable To Acquisitions Under Bangalore Development Authority Act; LA Act 1894 Act Applies: Supreme Court

The Supreme Court held that the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 Act are not applicable for the acquisitions made under the Bangalore Development Authority Act.The bench comprising Justices S. Abdul Nazeer and Sanjiv Khanna observed that the Land Acquisition Act, 1894, continue to apply for...

Article 15(5), Providing Reservation To OBC, Not An Exception But Extension Of Principle Of Equality Under Article 15(1): Supreme Court In NEET-AIQ Case

On Thursday, the Supreme Court pronounced a detailed judgment upholding the permissibility of reservations in the All-India Quota ("AIQ") seats in the National Eligibility cum Entrance Test (NEET) examination for undergraduate and postgraduate medical courses and the constitutionality of 27% OBC quota in these AIQ seats. A Bench comprising Justices Dr. D.Y. Chandrachud and A.S....

Conduct Of Plaintiff Crucial In A Suit Of Specific Performance: Supreme Court

The Supreme Court observed that the conduct of a plaintiff is very crucial in a suit for specific performance and the same has to be assessed by the Courts.In evaluating whether the plaintiff was ready and willing to perform his obligations under the contract, it is not only necessary to view whether he had the financial capacity to pay the balance consideration, but also assess his...

Marital Rape - Removal Of Exception From Sec 375 IPC Will Uphold Woman's Bodily Integrity: Rebecca John To Delhi High Court

The Delhi High Court on Thursday continued hearing a batch of petitions challenging the exception to Section 375 of the Indian Penal Code, which exempts forceful sexual intercourse by a man with his own wife from the offence of rape.Senior Advocate Rebecca John appearing as amicus curiae in the matter told a bench of Justice Rajiv Shakdher and Justice C Hari Shankar that removal of exception...

[Omicron Scare] PIL Moved In Supreme Court Seeking Postponement Of Upcoming Assembly Polls In 5 States

A Public Interest Litigation (PIL) petition has been moved in the Supreme Court seeking postponement of upcoming polls in the five states of the country including the states of Uttar Pradesh, Manipur, Uttarakhand, Goa, and Punjab amid the spread of COVID's new variant Omicron.The PIL plea has been moved by Kanwariya Sena Sangathan through advocates Abhishek Yadav and AOR Devendra Singh and...

Murder Case - Head Injury Is Vital; Mere Failure To Notice Fracture Won't Take Case Out Of Sec 302 IPC: Supreme Court

The mere fact that no fracture was noticed and/or found cannot take the case out of Section 302 of the Indian Penal Code when the deceased died due to head injury, the Supreme Court observed while convicting a murder accused.The bench comprising Justices MR Shah and BV Nagarathna observed that the injury on the head can be said to be causing injury on the vital part of the body for...

Competition Commission Can Probe Anti-Competitive Aspects Of Res Extra Commercium Businesses Like Lottery : Supreme Court

On Wednesday, the Supreme Court held that even though lottery is a regulated commodity under the Regulation Act, anti-competitive elements in business related to lotteries would continue to be governed by the Competition Act, 2002. The Apex Court further held that there was no bar on the Competition Commission of India to investigate anti-competitive practices like bid rigging,...