When Constituent Assembly Defeated A Move To Define Citizenship On Religious Lines

The Parliament has passed Citizenship Amendment Bill and it has already become a law when the President of India gave his assent. Even before the Bill got the assent, the Indian Union Muslim League (IUML) moved the Supreme Court challenging it. Later, Trinamool Congress MP Mahua Moitra and many others, including law students, have approached the Apex Court challenging the Act, alleging...

Delay of More Than 120 Days In Filing Arbitration Appeal Under Section 37 Cannot Be Condoned: SC [Read Judgment]

The Supreme Court has observed that a delay of more than 120 days in filing appeal under Section 37 of the Arbitration and Conciliation Act is not liable to be condoned.In M/S N.V. International vs. State Of Assam, an appeal under Section 37 of the Arbitration and Conciliation Act, 1996 was filed challenging an order by District Judge rejecting a petition under Section 34 challenging the...

There Is A Chasm Between Ideals And Implementation Of Child Welfare Legislations Like JJ Act. And POCSO: Justice Chandrachud [Read Full Text]

"It is evident that there is a chasm between the ideals and the implementation of (child welfare legislations such as the Juvenile Justice Act and the POCSO). There is a problem of main-streaming, where individual cases are dealt with without focus on the nuances of each case", observed Justice D. Y. Chandrachud on Saturday. The Supreme Court judge was delivering the keynote address at...

MBBS Course: Admission Can Be Directed To Be Given To Meritorious Candidate Even After Cut Off Date In Exceptional Cases: SC [Read Judgment]

"Compensation could be an additional remedy but not a substitute for restitutionary remedies."

Section 362 CrPC Does Not Bar Inherent Power Of High Court To Recall An Order: SC [Read Judgment]

"None of the provisions of Sections 397 to 401 confer any power upon the High Court to declare that there shall be no civil consequences, resulting from the conviction. "

No One Can Be Inflicted With An Adverse Order Without Being Afforded A Minimum Opportunity Of Hearing: SC [Read Judgment]

'This principle is too well entrenched in the legal ethos of this country to be ignored.'

Highlights Of Parliament Winter Session 2019

The Winter Session of the Parliament, which began on November 18, concluded on December 13 as both the houses adjourned sine die. During the Session, Lok Sabha worked for 111% of the scheduled hours while the Rajya Sabha worked for 92%. The highlights of key legislative actions during the Winter Session are given below: 1. Citizenship Amendment Bill, 2019 The...

AIMIM MP Asaduddin Owaisi, Congress MP Prathapan Move SC Against Citizenship Amendment Act, 2019 [Read Petitions]

Lok Sabha MP and All India Majlis-e-Ittehadul Muslimeen President Asaduddin Owaisi on Saturday moved Supreme Court challenging the Constitutional validity of Citizenship Amendment Act on grounds that it pushes forcible conversion, discriminates on ground of religion and illegally divides migrants while urging that the court lift the veil and see the "unholy nexus" between the Act...

Intoxication Not A Mitigating Factor When Accused Was Not In A Highly Inebriated Condition: SC [Read Judgment]

The Supreme Court has observed that mere intoxication is not a mitigating factor when the accused was not in a highly inebriated condition. In Suraj Jagannath Jadhav vs. State of Maharashtra, the bench of Justice Ashok Bhushan and Justice MR Shah was dealing with a contention that the accused was under the influence of liquor while he poured kerosene and threw match­stick on his...

Assam Opposition Leader Moves SC Against Citizenship Amendment Act [Read Petition]

Amidst a State imposed curfew and protests in Assam over the Citizenship (Amendment) Act, 2019, a petition challenging the Citizenship Amendment Act 2019 has been filed in Supreme Court by the Leader of Opposition in Assam Legislative Assembly, Debabrata Saikia, along with Abdul Khaleque, a Member of Parliament from Barpeta in Assam and Rupjyoti Kurmi, and MLA from Mariani in the State...

Second Appeal Cannot Be Dismissed On Merits When Appellant Is Unrepresented On The Day Fixed For Hearing: SC [Read Judgment]

"If the appellant does not appear, the Court may if it deems fit dismiss the appeal for default of appearance but it does not have the power to dismiss the appeal on merits."

Plea In SC Seeks Dedicated Security Force For The Protection Of All Indian Courts [Read Petition]

A plea has been filed in the Supreme Court seeking issuance of specific guidelines and directions in respect of Special Security measures and for dedicated Security Force for the protection of judges, litigants, advocates and the persons involved in the justice delivery system of Court premises in all Indian Courts, including lower courts and Tribunals. As per the petition, there is...