'Constitutional Challenge Can Be Addressed Before High Court': Supreme Court Dismisses Plea Challenging Provisions Of GST Act

The Supreme Court has declined to entertain a writ petition challenging constitutional validity of various provisions of the Central Goods Service Tax Act, 2017."We are of the view that it would be appropriate to relegate the petitioner to the remedy of a petition under Article 226 so that this Court has the benefit of the considered view of the jurisdictional High Court," the bench headed...

Supreme Court Issues Notice On Plea Seeking Removal Of Govt. Control over Appointment In National Commission for Minority Educational Institutions

A three judge bench of the Supreme Court comprising of Justice L. Nageswara Rao, Justice Navin Sinha and Justice Indu Malhotra issued notice on Wednesday on a petition filed by Jamiat Ulema-I-Hind seeking directions to remove the Government control over the appointment of the Chairperson and Members of National Commission for Minority Educational Institutions. The petition also...

Religious Conversion For Marriage Not Exercise Of Choice When It Is Due To Compulsion Of Personal Law: UP Govt Defends 'Love Jihad' Ordinance

The UP Government on Thursday filed a counter affidavit in response to a batch of PILs challenging its controversial Love-Jihad Ordinance. In its reply, the Government has claimed that the Ordinance is aimed at preventing any form of unlawful conversion actuated by elements of misrepresentation, force, undue influence, coercion, allurement, etc. "The Constitution of India abhors any...

"SC Never Releases Info On In-house Proceedings": Supreme Court Refutes Media Reports On Action In Andhra CM's Allegations

The Supreme Court on Thursday has issued a Press Release to categorically refute media reports which state that action will be taken by Chief Justice of India SA Bobde in matters pertaining to allegations against members of the higher judiciary.The statement goes on to note that any inquiries that are conducted under the "In-House procedure" of the Apex Court are "wholly confidential...

SC Issues Notice On BSP's Challenging Rajasthan HC's Refusal To Stay Speaker's Approval Of Merger of 6 BSP MLAs With Congress

The Supreme Court on Thursday issued notice in a plea filed by Bahujan Samaj Party (BSP) against a judgement of the Rajasthan High Court and an order passed by the Speaker of the Legislative Assembly, wherein the former held that the Speaker's order was an administrative and not an order adjudicating the claim of merger. A Bench of Justices S. Abdul Nazeer and KM Joseph heard the...

Significant Judgments Of Madras High Court In 2020

Constitutional Rights 1. "Article 21 Includes Right To Have A Decent Burial": Madras HC Takes Cognizance On Mob Attack Against Burial Of Doctor Died Of COVID-19 In the backdrop of disruption during the burial of a doctor who succumbed to a heart attack after acquiring COVID infection, the High Court expressed concern over the incident and emphasized that the Right to burial...

Supreme Court Dismisses New Plea Challenging 2020 UP Qualifying Service For Pension And Validation Ordinance, With Liberty Approach Alternative Forum

Another bench of Justices Abdul Nazeer and K. M. Joseph on Wednesday issued notice on a petition filed by the UP Ground Water Department Non Gazetted Employees' Association to examine the challenge to the validity of the Ordinance of 2020

CJI Raises Concerns Of Spread Of COVID-19 Amongst Protesting Farmers

The Chief Justice of India on Thursday raised concerns about spreading of COVID-19 as a result of the Farmers Protest while hearing a plea seeking action against authorities for allowing the Tablighi Jamaat congregation to take place last March amid the pandemic.CJI SA Bobde, presiding the bench hearing the matter, asked Solicitor-General Tushar Mehta as to whether precautionary...

An Accused Who Was Released On Default Bail Cannot Be Re-arrested On Filing Of Charge Sheet: Supreme Court

The Supreme Court has held that an accused who was released on default bail cannot be re-arrested on filing of charge-sheet by policeIn this case, Kamlesh was accused of committing offences under Sections 406, 409, 420, 467, 468, 471, 477-A, 201, 120-B of Indian Penal Code and Section 5 of the Prize Chits Money Circulation Scheme (Banning Act), 1978 and Section 65 of the Information...

CLAT 2021 Postponed To June 13 Taking Note Of CBSE Exam Schedule

The Common Law Admission Test (CLAT 2021) has been postponed to June 13 taking note of the fact that Central Board of Secondary Education (CBSE) board exams are scheduled in May. CLAT 2021 was earlier scheduled to be held on May 9.A press release issued by the Consortium of National Law Universities said :"The Executive Committee of the Consortium of National Law Universities met on 6th...

Breaking- Conviction In A Non-Compoundable Case Can't Be Set Aside By HC U/S482CrPC On The Ground Of Compromise Except In Rarest Of Rare Cases: Bombay HC (FB)

In a significant judgment, a Full Bench of the Bombay High Court, [Nagpur Bench] on Tuesday held that the High Court while exercising the inherent powers under Sec. 482 CrPC cannot set aside the order of conviction of accused in a non-compoundable case merely on the ground that the accused and complainant had arrived at a compromise at a post conviction stage. However the same can be...

"Attempt To Nullify Supreme Court Judgement":SC Issues Notice On Plea Challenging UP Qualifying Service for Pension and Validation Ordinance of 2020

The Supreme Court on Wednesday issued notice on a plea to examine the challenge to the validity of the Uttar Pradesh Qualifying Service for Pension and Validation Ordinance of 2020 which was passed on October 21 last year.The bench of Justices Abdul Nazeer and K. M. Joseph was hearing the petition by the UP Ground Water Department Non Gazetted Employees' Association, which submits that...