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...

Artificial Intelligence Invests Public Faith In Judicial Institutions: CJI SA Bobde [Read Full Text Of Speech]

"Artificial Intelligence, as I see, brings new hope to drive the public faith to our institutions." Speaking at the 79th Foundation Day of the Income Tax Appellate Tribunal yesterday, CJI SA Bobde laid stress upon the significance of using Technology and Artificial Intelligence in judicial functioning. He told that the Artificial Intelligence systems proposed to be employed in...

Nirbhaya Case : Death Row Convict Mukesh Moves SC Challenging President's Rejection Of Mercy Plea

One of the death row convict in the 2012 Delhi gangrape and murder case , Mukesh Singh, has now moved Supreme Court challenging the rejection of his mercy petition by the President of India, Ram Nath Kovind. In exercise of his power under Article 72 of the Constitution, the President had rejected Mukesh's plea on January 17, 2020. Mukesh had preferred to approach the President for pardon...

State Has Solemn Constitutional Duty To Assist Court In Dispensation Of Justice; Cannot Behave Like Private Litigant: SC [Read Judgment]

'State cannot behave like a private litigant and rely on abstract theories of the burden of proof.'

Preamble To The Constitution : Ideals And Visions

The Preamble to our Constitution (in brief, 'Preamble') is more than just 63 words perfectly arranged and catalogued (in a certain way) in some normative sentences; most importantly, it is all about the democratic aspirations and ideals of the people of India (I. C. Golaknath & Ors vs State of Punjab & Anrs. 1967 SCR 2). It is pertinent to note that the Preamble does not...

Constitution Bench To Hear Centre's Curative Petition In Bhopal Gas Tragedy Case Next Week [Read Notice]

The Constitution Bench of the Supreme Court will hear the following matters from January 28th, 2020. Bhopal Gas Tragedy -Curative Petition UNION OF INDIA M/S. UNION CARBIDE CORPNThis pertains to a curative petition filed by the Centre in 2011 for additional compensation for Bhopal gas tragedy victims from US-based Union Carbide Company( which is now owned by Dow Chemicals). The petition...