Why An Adult Woman Is Exempt From Punishment For Marrying A Male Child? SC Explains [Read Judgment]

Section 9 of the Prohibition of Child Marriage Act, 2006 provides punishment for male adult marrying a child- It provides that "whoever, being a male adult above eighteen years of age, contracts a child marriage shall be punishable with rigorous imprisonment which may extend to two years or with fine which may extend to one lakh rupees or with both."In a recent judgment, the Supreme Court...

'Not A Murder': 'Short- Tempered' Retd. Army Officer Who Shot A Boy For Plucking Fruits From His Compound Gets Relief From SC [Read Order]

"We are of the opinion that the appellant committed the offence in question whilst he was deprived of the power of self-control upon sudden provocation by the children

Supreme Court Monthly Digest- October 2019

Succession To Mutawalliship By Descendant Through Female Line Not Barred Md. Abrar vs. Meghalaya Board of Wakf The Supreme Court held that there is no legal bar on cognatic heirs of the waqif from succeeding to mutawalliship. The bench comprising Justice NV Ramana, Justice Mohan M. Shantanagoudar and Justice Ajay Rastogi reiterated that in order to establish a claim...

SC Stays Allahabad HC's Blanket Ban On DJ Services [Read Order]

The Supreme Court has effectively stayed the order of the Allahabad High Court which imposed blanket ban on the use of DJs. Granting interim relief to the petitioners who challenged the ban, the bench of Justices UU Lalit and Vineet Saran asked the concerned authorities to decide on the applications seeking permission to play DJ. The Court said that permission should be granted for...

The Impact Of SC's RTI Judgment On Collegium Decisions

A Constitution Bench of the Supreme Court held last week that the office of the Chief Justice of India is amenable to the Right to Information Act.Since the judgment is generally welcomed as progressive, it is pertinent to understand its impact on collegium resolutions on judicial appointments - often called the 'best kept secret in the country'.The judgment - which came in appeals which had...

A Male Between The Age of 18 And 21 Yrs Cannot Be Punished For Marrying A Female Adult, Holds SC [Read Judgment]

The Supreme Court has held that a male aged between 18 and 21 years, who contracts into a marriage with a female adult, cannot be punished under Section 9 of Prohibition of Child Marriage Act, 2006.A couple approached the High Court of Punjab and Haryana at Chandigarh seeking police protection, which was granted by it. Later, the father of the girl filed an application before the High Court,...

Maharashtra : Voter Moves SC Against 'Unholy' Alliance Between Shiv Sena- Congress- NCP [Read Petition]

A voter from Maharshtra on Friday moved the Supreme Court against what he called the "unholy post-poll alliance" between Shiv Sena, Nationalist Congress Party (NCP) and the Indian National Congress (INC). Surendraindrabahadur Singh, a resident of Mumbai, had urged the court to restrain the Governor from inviting the three parties to form the government. "The Petition seeks to stop the...

COFEPOSA: Detention Order Can Be Passed Even If A Person Is In Judicial Custody: SC [Read Judgment]

The Supreme Court has observed that even if a person is in judicial custody, he can be detained Detention Laws like COFEPOSA.While setting aside the order of the Delhi High Court that had quashed detention of some persons under Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 [COFEPOSA], the bench of Justice Uday Umesh Lalit, Justice...

SC Upholds HC Decision To Quash Manipur Public Service Commission Exam, 2016; Direction For CBI Enquiry

The Supreme Court today upheld the decision of the Manipur High Court to quash Manipur Public Service Commission 2016 (Main) exam, with directions to conduct the Main Examination, 2016 afresh. In its order dated October 18, the high court had held that the examination was liable to be quashed, on account of numerous irregularities and illegalities, in the process of conducting the...

No Bar In Dismissing 'Admitted' Writ Petition On Ground Of Alternative Remedy, Reiterates SC [Read Judgment]

The Supreme Court has reiterated that after admitting a writ petition, there is no bar on High Court to dismiss it on the ground of alternative remedy. In this case, a writ petition was filed before the High Court challenging the order of Income Tax authority (determination of liability under Section 115QA of the Income Tax Act). When the matter came up for admission, preliminary objection...

SC Asks Makers Of RO Water Purifiers To Approach Centre Within 10 Days Over NGT Ban

The Supreme Court on Friday asked the makers of RO (Reverse Osmosis) water purifiers to approach the Union Ministry of Environment , Forests and Climate Change within ten days with relevant materials on their grievance against the ban imposed by the National Green Tribunal.The bench headed by Justice Rohinton Nariman directed the Central Ministry to consider the materials of the RO...

SC Issues Notice On Plea Against Amendment Allowing Use Of Aadhaar Data By Private Entities [Read Petition]

The Supreme Court on Friday issued notice to the Central Government and the Unique Identification Authority of India (UIDAI) on a petition questioning the constitutional validity of the Aadhaar and Other Laws (Amendment) Act 2019, which allows private entities to use Aadhaar data of citizens.A bench comprising Chief Justice of India S A Bobde and Justice B R Gavai was considering a...