Justice Nariman's Revival Of Doctrine Of "Manifest Arbitrariness" To Strike Down Legislation

Manifest Arbitrariness in a legislation is a ground for a Constitutional Court to strike it down as violative of Article 14 of the Constitution of India. The test to determine "manifest arbitrariness" is to decide whether the enactment is drastically unreasonable and / or capricious, irrational or without adequate determining principle.The latest example of a legislative provision being...

Right To Get Sample Tested Also Available To Vendor Of Misbranded Food Article When Its Testing Is Integral To Prove The Offence: SC [Read Judgment]

"In such a scenario, the word ‘adulterated’ in Section 13(2) would have to be read as including ‘misbranded’"

SC Quashes Rape Case To Do 'Complete Justice' To Accused And Victim Who Settled It [Read Order]

"In our opinion, the relief claimed by the appellant to quash the criminal proceedings pending against him deserves to be acceded to for doing complete justice to the parties concerned. "

Malegaon Blast: SC To Hear Plea Against Bail Granted to Pragya Singh Thakur, After Two Weeks

The Supreme Court Friday said it would hear after two weeks a plea challenging the Bombay High Court's April 2017 order granting bail to Sadhvi Pragya Singh Thakur, one of the accused in the 2008 Malegaon blast case.Thakur, now a sitting BJP MP, was granted bail on April 25, 2017 by the high court which said "no prima facie" case was made out against her in the case.Seven people were killed in...

Inspired By Supreme Court Of India, Zimbabwe HC Delivers Landmark Judgment Denouncing Discrimination Against Transgenders [Read Judgment]

"I have no doubt that although the focus in the Supreme Court of India was on the rights of the Indian Citizens, there is international flavor in the Court's analysis of transgender citizens and their expectations"

1984 Anti-Sikh Riots : SIT Submits Report To SC After Completing Probe

The Special Investigation Team (SIT) probing the cases related to the 1984 Anti-Sikh riots filed its report in the Supreme Court on Friday in a sealed cover.The SIT, led by Justice SN Dhingra, was constituted by the Supreme Court to examine the cases which had been closed by the CBI. A bench comprising CJI SA Bobde, Justices BR Gavai and Surya Kant, will consider the report and decide...

Section 207 CrPC: Magistrate Cannot Withhold Any Document Submitted Along With Police Report Except When It Is Voluminous: SC [Read Judgment]

"Even if the investigating officer appends his note in respect of any particular document, that will be of no avail as his power is limited to do so only in respect of ‘statements’."

Electoral Bonds : Citing Reports Of RBI, ECI Objections, ADR Moves SC For Stay Of Scheme [Read Petition]

In the light of recent media reports that the Central Government went ahead with the electoral bonds scheme ignoring the serious objections raised by Reserve Bank of India(RBI) and Election Commission of India(ECI), the NGO Association for Democratic Reforms(ADR) filed an application in the Supreme Court seeking stay of the controversial scheme.ADR had filed a writ petition in 2017...

[Land Acquisition] Indore Development Authority Judgment Is Per incuriam: Sidharth Luthra Tells SC [Read Written Submissions]

On Thursday, Senior Advocate Siddharth Luthra raised, before the five-judge bench to which the interpretation of section 24 of the 2013 Land Acquisition Act has been entrusted, the issue of a three-judge bench in its 2018 ruling in Indore Development Authority regarding as per incuriam another three-judge decision in Pune Municipal Corporation (2014)."A decision or judgment can also be...

Contents Of Memory Card Will Be 'Document' And Not 'Material Object' : SC [Read Judgment]

The contents of a memory card in relation to a crime amount to a 'document' and not a 'material object', held the Supreme Court while deciding Kerala actor Dileep's plea for handing over copy of the visuals of the alleged sexual crime committed on a Kerala actress in February 2017.The central issue involved in the case was whether the accused was entitled to the copy of the contents of...

There Is No Stigma With Regard To Any Crime Committed By A Juvenile, Says SC [Read Judgment]

"Even if a juvenile is convicted, the same should be obliterated"

'Political Morality Different From Constitutional Morality' : SC Dismisses Plea Against Maha Vikas Aghadi Govt In Maharashtra

The Supreme Court on Friday dismissed a petition filed to declare the formation of Maharashtra Government by the Maha Vikas Aghadi alliance of Shiv Sena-Nationalist Congress Party- Congress as 'unconstitutional'."Constitutional morality is different from political morality. Courts cannot be asked to go where there is no jurisdiction", observed Justice N V Ramana, who led the bench which heard...