Plea In SC To Debar Persons With Criminal Antecedents From Contesting Elections On Party Ticket [Read Petition]

"Legislator is not only a Law Maker but also a superior public servant. When a person against whom charges have been framed even in normal cases, cannot become a Doctor, Engineer, DM, SP or Judge, then allowing such person to become MLA, MP and Minister, who is supposed to discharge larger public and constitutional duties faithfully, is arbitrary irrational unreasonable and violative...

'Reinforces Prejudice Against Transgenders' : SC Issues Notice On Petition Challenging Transgender Persons Act [Read Order & Petition]

The Supreme Court on Monday issued notice to the Central Government on a petition which challenges the constitutional validity of Transgender Persons (Protection of Rights) Act 2019.As per the petition filed by transgender activist Swati Bidhan Baruah, the Act passed with the stated objective of protecting the rights of transgender community in effect negates their rights.Under the Act,...

DRT Has No Power To Condone Delay In Filing Review Application Under RDB Act : SC [Read Judgment]

The Supreme Court has held that the Debts Recovery Tribunal has no power to condone the delay in filing application for review under the Recovery of Debts and Bankruptcy Act 1993(RDB Act)The Court held that the provisions of Limitation Act, including the provision to condone delay under Section 5 of it, apply only to original applications filed under Section 19 of the RDB Act and not to...

Muslim Personal Law Board Moves SC Seeking Impleadment In Petition Challenging Polygamy And Nikah Halala [Read Application]

The All India Muslim Personal Law Board on Monday sought impleadment in the challenge to the constitutionality of the practices of 'Nikah halala' and polygamy which is pending before the Supreme Court.Urging that its viewpoint be considered as it has been "working continuously for protecting the Muslim personal law which is part of the Islamic culture and tradition", it stresses that the...

"It Is A Matter Of Top Priority If Someone Is Going To Be Hanged On Feb-1": CJI On Nirbhaya Convict Mukesh's Plea

Chief Justice of India SA Bobde on Monday said, "It is a matter of top priority if somebody is going to be hanged on February 1"Chief Justice was responding to a plea for urgent listing of petition filed by Mukesh, one of the death row convict in the 2012 Delhi gang-rape and murder case, challenging the rejection of his mercy petition by the President of India, Ram Nath Kovind. In exercise of...

Supreme Court Weekly Round-Up

Electoral Bonds: SC Gives Two Weeks Time To Election Commission To Reply [Association for Democratic Reforms & Anr. v. Union of India Cabinet Secretary & Ors.] The Supreme Court declined to grant an immediate stay on the 2018 Electoral Bonds Scheme ahead of the Delhi Assembly polls, granting the Election Commission two weeks' time to reply. "A stay was not given by this...

[Criminal Trial] Law Does Not Taboo Adopting Of The Alternate Pleas By Accused: SC [Read Judgment]

The law does not taboo adopting of the alternate pleas, remarked the Supreme Court while observing that a murder accused can take a plea that he was not at all involved in the act which resulted in the death of the deceased, but that does not deprive him/her of the right to establish the fact that the case against him would still be embraced within any of the exceptions under Section...

Section 32 Registration Act Doesn't Require Presence Of Parties During Registration Of Sale Deed: SC [Read Judgment]

The Supreme Court has observed that Section 32 of the Registration Act, 1908, does not require presence of both parties to a deed of sale when the same is presented for registration. However, it may be noted that Rules framed by States may provide for such presence of both seller and buyer, and in that case, presence of parties may be required. In this case, the Trial Court decreed the...

71st Republic Day : A Look At The Constitutional Amendments Struck Down By Courts On Basic Structure Doctrine

Constitution of a country is the basic norm - Grund Norm - which includes fundamental principles which lay down the foundation of a society. Though the phrase 'basic structure' is not explicitly mentioned in the Constitution, this was recognised in the case of Kesavananda Bharati v. State of Kerala. The 13-judge Constitution Bench of the Supreme Court in this case said that every...

71st Republic Day : 'We The People' Reclaiming The Constitution

The 'Preamble' has emerged as a symbol of resistance.

NGO Files PIL In SC For Recovery Of AGR Dues From Telecos

An NGO called Save Consumer Rights Foundation has moved Supreme Court seeking directions for appropriate action to be taken by the Department of Telecommunications (DoT) to ensure that Telecom Service Providers (TSPs) cough up Adjusted Gross Revenue (AGR) dues in compliance with the apex court's judgment dated October 24, 2019. The petitioner has challenged the DoT's order for not take...

Dr N R Madhava Menon, Father Of Indian Legal Education, Awarded Padma Bhushan Posthumously

Dr. N R Madhava Menon, father of Indian modern legal education, has been honored with posthumous Padma Bhushan, the third highest civil award of Government of India.This was announced by the Ministry of Home Affairs on Saturday evening.Dr Menon, who passed away on May 8, 2019, was earlier honored with Padma Shri in 2003.Arun Jaitley and Sushma Swaraj have been conferred posthumous Padma...