Separate By-polls Permissible For Rajya Sabha Vacancies Which Arose On Different Dates : Jaishankar Defends His Election In Supreme Court

The External Affairs Minister of India, Dr. S. Jaishankar has defended his election to the Rajya Sabha last year before the Supreme Court.In his counter-affidavit, Jaishankar has stated that there exists no provision either in the Constitution or the Representation of Peoples Act prescribing election to vacant Rajya Sabha seats via single by-election.The affidavit has come on record in the...

Tata Sons v Cyrus Mistry : CJI Bobde Says His Son Appeared For SPG Subsidiary; Lawyers Express No Objection To CJI Hearing

The lawyers appearing in the case between Tata Sons Private Ltd and Cyrus Mistry in the Supreme Court expressed that they have no objection to the Chief Justice of India hearing the case merely because his son is appearing for a subsidiary of Shapoorji Pallonji Group in a case in Mumbai.When the arguments started on the fourth day of the case hearing, CJI SA Bobde told the lawyers :"I...

Plea In Supreme Court Against Automatic Granting Of Custody Of Male Child To Father In Dawoodi Bora Community

A writ petition has been filed before the Supreme Court challenging the constitutional validity of a custom followed by the Dawoodi Bora community among Muslims, according to which the custody of a male child above the age of 7 automatically goes to the father. The petition has been filed by a Mumbai-resident, Fatema Quaid Zohar Challawala, stating that the said custom is violative...

Closure Report Cannot Be Filed Merely Because Informant Did Not Supply Adequate Materials To Investigate: Supreme Court

The Supreme Court has observed that a closure report cannot be filed merely on the ground that the investigation was not possible as the informant had not supplied adequate materials to investigate.A fair investigation is a necessary concomitant of Articles 14 and 21 of the Constitution of India, said the bench headed by Justice RF Nariman, while setting aside closure reports against...

Andhra Pradesh High Court Refuses To Recall Order To Examine 'Constitutional Breakdown' Of State Machinery; Govt To Move Supreme Court

The Advocate General of Andhra Pradesh, Subrahmanyam Sriram, said on Monday that the State will move the Supreme Court against the October 1 order of the High Court seeking to examine whether there is a "constitutional breakdown of machinery" in the State. The development comes after a Division bench led by Justice Rakesh Kumar rejected an application filed by the State...

Supreme Court Issues Notice To Centre, States On Plea Against Mining in Densely-Forested, Eco-Sensitive Areas

The Supreme Court on Monday issued notice to various States and the Union on a PIL against mining in densely- forested and eco-sensitive areas of the country.The petition by was heard by a bench led by the Chief Justice S. A. Bobde by Sudeip Shrivastava through advocate Prashant Bhushan.The plea challenges the Union of India's decision to allot different coal blocks by way of auction...

Petitioner Cites Pegasus Issue In Supreme Court To Argue Against Allowing WhatsApp Payment Services

The controversy regarding snooping of WhatsApp users using Israeli spy software 'Pegasus' found a mention in the Supreme Court on Wednesday.The 'Pegasus-Whatsapp' issue was referred to by Senior Advocate Krishnan Venugopal to argue that the system of WhatsApp was not secure and reliable so as to allow it to launch payment services.Venugopal was appearing for Binoy Viswam, Rajya Sabha MP...

Breaking: Supreme Court Agrees To Examine Whether Probing Constitutionality Of Declaration Of 1975 Emergency Is Feasible After 45 Years

The Supreme Court on Monday agreed to examine whether a simplictor declaration that Emergency of 1975 was unconstitutional and that whether it would be feasible or desirable to probe this issue after a passage of 45 years.A bench of Justices Sanjay Kishan Kaul, Dinesh Maheshwari & Hrishikesh Roy issued notice on the petition by a 94 year old and granted leave to the petitioner to amend...

'Whether Mandatory Sacramental Confessions Before Priests In Churches Violates Article 21 & 25 Of Constitution': Supreme Court Issues Notice

The Supreme Court on Monday issued notice on a petition challenging the alleged practice of mandatory sacramental confessions in the Malankara Orthodox Syrian Church.The Bench headed by Chief Justice SA Bobde issued notice notice on petition filed by Mathew Mathachan and CV Jose who seek protection of their rights as well as the rights of similarly placed persons within the Malankara...

Supreme Court Dismisses Judicial Officer's Petition Alleging Unprofessional Activities By Top Court's Registry

The Supreme Court on Monday dismissed a petition by a Judicial Officer of Maharashtra alleging unprofessional activities of it's Registry in terms of unequal treatment to him as well as the common man in terms of listings as well as pointing unnecessary defects.A bench of Chief Justice SA Bobde, Justices AS Bopanna & V. Ramasubramaniun refused to entertain the petition.The Judicial...

Loan Moratorium Case- No Requirement Of Specific Resolution Plan For Borrowers For Invocation Of Resolution Framework: RBI Tells Supreme Court

Reserve Bank of India has informed the Top Court that borrowers opting for resolution of COVID-related stressed loans shall not be required to submit any specific plans. RBI has stated that borrowers may invoke resolution framework by submitting a request to the lending institutions.The Resolution Framework does not require any resolution plan in any form to be submitted to the...

Courts This Week- A Weekly Round Of Important Legal Developments In The Country [Episode-44]

...