Supreme Court Weekly Round Up [April 5 To April 11, 2021]

IMPORTANT JUDGMENTS THIS WEEK1. Petition Styled As One Under Article 226 Would Not Bar High Court To Exercise Its Jurisdiction Which Otherwise It Possesses: Supreme CourtCase: Kiran Devi Vs. Bihar State Sunni Wakf Board [CA 6149 OF 2015] Citation: LL 2021 SC 195The bench comprising Justices Ashok Bhushan, S. Abdul Nazeer and Hemant Gupta observed that a petition styled as one under Article...

Pushback Against ODR, Virtual Courts Based On Fear Of Unknown; Information Can Make TheTransition Easier: Justice DY Chandrachud

"The pushback against Online Dispute Resolution and virtual courts is often based on a fear of the unknown. I am not criticising this fear, but only emphasising the importance of valuable information in making this transition into the unknown easier", said Justice DY Chandrachud on Friday.Speaking at the launch of Niti Aayog's Online Dispute Resolution Handbook, the judge urged that one...

"Which Authority Should People Approach For Registration Of BS-IV And BS-VI Vehicles ?" Supreme Court Seeks Clarity

Supreme Court on Friday posed a question as to which authority should it refer the applications seeking registration vehicles to. A three-judge Bench of CJI Bobde, Justice Bopanna and Justice Ramasubramanian was hearing applications filed in the case of MC Mehta vs Union of India, seeking the registration of CNG vehicles, BS-IV compliant vehicles and BS-VI compliant vehicles being used...

Police Authorities Are Expected To Be Quite Sensitive In Matters Where Freedom Of Speech And Expression Are At Stake: Bombay High Court

"The Police authorities are expected to be quite sensitive in such matters, because, what is at stake is the freedom of speech and expression." Observed the Bombay High Court, bench at Goa, while quashing an FIR registered by the Goa Police under sec. 295A of the Indian Penal Code against members of "Dastaan LIVE", an art rock live performance band, for using the word "OM" and clubbing it...

Breaking: Freedom Fighter's Widowed/Divorced Daughters Having No Income Entitled To His Pension, Blanket Exclusion Violates Art.14 :Calcutta High Court

As far as daughters having no independent source of income are concerned, widowed/divorced daughters stand on an equal footing with a spinster daughter as heirs of the deceased freedom fighter. The marital status of all of them is "unmarried". Thus, the criterion of exclusion of widowed/divorced daughters, as sought to be projected by respondent no.1, is untenable in the eye of law. As such, Clause 5.2.5 is patently violative of Article 14 of the Constitution of India, which ensures equality among people standing on the same footing, in the absence of reasonable classification or intelligible differentia.

Plea Filed In Supreme Court For Proper Implementation Of Panchayati Raj Institutions In All States; Exclusion Of Political Parties In Elections

A PIL has been filed before the Supreme Court seeking implementation of the 73rd and 74th Constitutional Amendment Acts, for institution of self-dependant Panchayati Raj Institutions in the States. The petition has been filed by Advocate Rudra Vikram Singh, also the General Secretary of the All India Panchayat Parishad, an organisation founded by Balwant Rai Mehta, founder of...

Upholding Woman's Decisional Autonomy To Acknowledge Biological Father, Kerala High Court Restores Surrendered Child To Live-In Couple [Read Judgment]

"It is for the woman to recognize and decide on recognition of fatherhood of child."

Non-Deliberate Insult to Religion Without Intention to Hurt Religious Feelings Not An Offence U/S 295A IPC: Bombay High Court

The language employed in Section 295A IPC is not wide enough to cover restrictions both within and without the limits of constitutionally permissible legislative action affecting the fundamental right guaranteed by Art 19(1)(a) of the Constitution.

Plea In Supreme Court Seeks Transfer Of Plea For Uniform Civil Code From Delhi High Court To SC

A plea has been filed before Supreme Court seeking transfer of plea pending before the Delhi High Court for direction to the Centre to constitute a Judicial Commission or High Level Expert Committee to prepare a draft of Uniform Civil Code, to the Apex Court.The plea by BJP Leader and Advocate Ashwini Kumar Upadhyay has urged that the plea be transferred to Supreme Court and be...

Breaking- Delhi Govt Brings In Fresh COVID19 Restrictions: What Are Prohibited, What Are Restricted- Read Order

In a bid to control the recent surge in COVID-19 cases in the National Capital, the Delhi Government today announced a fresh set of restrictions which shall remain in force till April 30. An order to this effect has been issued by the Delhi Disaster Management Authority (DDMA) banning all social, political, sports, entertainment, academic, cultural and religious gatherings in...

Supreme Court Monthly Digest: March 2021 [74 SC Judgments] [Citation LL 2021 SC 118 To LL 2021 SC 192]

JUDGMENTS: 1. Whether Day Of Remand Is To Be Included For Considering A Claim For Default Bail? Supreme Court Refers To Larger Bench [Case: Enforcement Directorate v. Kapil Wadhawan; Citation: LL 2021 SC 118] Whether the day of remand is to be included or excluded, for considering a claim for default bail? The Supreme Court referred this issue to a larger bench. A bench...

Escalation Of Prices Cannot Be The Sole Ground To Deny Specific Performance: Supreme Court

Escalation of prices cannot be the sole ground to deny specific performance, the Supreme Court observed.The bench comprising Justices L. Nageswara Rao and S. Ravindra Bhat also observed that, once a suit for specific performance has been filed, any delay as a result of the Court process cannot be put against the plaintiff as a matter of law in decreeing specific performance.The court...