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Article 370 | Argument That Resurrection Of Article 370 Would Violate Basic Structure Too 'Far Fetched': Supreme Court [Day 15]
On the fifteenth day of the Article 370 proceedings before the Supreme Court Constitution Bench, the Union Government, along with other respondents drew their arguments to a close before a bench comprising Chief Justice of India DY Chandrachud, Justices Sanjay Kishan Kaul, Sanjiv Khanna, BR Gavai, and Surya Kant. The bench closed the arguments of the respondents' side. During the hearing,...
'Preventive Detention Law Can't Be Invoked At The 'Drop Of A Hat'; Some Police Officers Curbing Liberty' : Supreme Court Slams Telangana Police
The Supreme Court on Monday condemned the growing trend in the state of Telangana of passing orders of preventive detention at the ‘drop of a hat’ without consideration of the liberty and freedom guaranteed to people under the Constitution of India.A division bench of Justice Surya Kant and Justice Dipankar Datta reminded the authorities of the state of Telangana that the drastic...
Plea In Supreme Court Challenges Inclusion Of Transgender Identities Under Caste Lists In Bihar Caste Survey
A petition has been filed in the Supreme Court over the Bihar government including ‘hijra’, ‘kinnar’, ‘kothi’, and ‘transgender’ as an item in the caste list, while conducting its caste-based survey last month. The court is also hearing a batch of pleas doubting the constitutionality of the exercise. Trans activist Reshma Prasad has challenged the state...
Supreme Court Weekly Digest With Nominal And Subject/Statute Wise Index-(Citations 584 - 608) [August 1 – 6, 2023]
SUBJECT WISE INDEXAdvocateThe Supreme Court vacated a stay order in a 16-year-old criminal appeal as it pulled up the appellant-lawyer for seeking repeated adjournments. Gulshan Bajwa v. Registrar, High Court of Delhi, 2023 LiveLaw (SC) 608Litigants should not be made to suffer because of the advocate's fault in withdrawing a complaint by mistake. Ashok Kumar v. New India Assurance Co. Ltd.,...
Supreme Court Asks Article 370 Case Petitioner To File Affidavit Accepting India's Sovereignty & Affirming Allegiance To Indian Constitution
The Supreme Court on Monday asked National Conference leader and Member of Parliament Mohammad Akbar Lone, who is the lead petitioner in the batch of petitions challenging the repeal of the special status of Jammu and Kashmir, to file an affidavit affirming that he unconditionally accepted that J&K was an integral part of India and that he owed allegiance to the Constitution of...
Can't Deny A Citizen's Statutory Rights For Not Having Aadhar Card: Telangana High Court Reiterates
The Telangana High Court has reiterated that a citizen of India cannot be denied his/her statutory rights for not possessing an Aadhar Card.The decision was passed by Justice Surepalli Nanda in a petition filed by Amina Begum with a prayer to direct the Revenue Authorities to issue patta passbook cum Title Deed in her favour."This Court opines that the Petitioner cannot be denied the...
Supreme Court To Seek Response From Lead Petitioner In Article 370 Case Regarding Alleged Pro-Pakistan Slogan
The Constitution Bench of the Supreme Court hearing the Article 370 case on Monday said that it will seek the response of the lead petitioner on the allegation that he had uttered slogans supporting Pakistan. The Bench led by Chief Justice of India DY Chandrachud said that the issue will be put to the counsel for the petitioner during rejoinder arguments.As soon as the bench assembled...
Supreme Court Monthly Roundup- August 2023
Judgments/OrdersUAPA - 'Watali' Precedent Won't Apply If Evidence Is Of Low Probative Value On Surface Level Analysis: Supreme CourtCase title: Vernon v. State of MaharashtraCitation: 2023 LiveLaw (SC) 575The Supreme Court’s decision to grant bail to Bhima Koregaon-accused and activists Vernon Gonsalves and Arun Ferreira appears to have carved out a crucial exception in an otherwise...
Supreme Court Issues Notice On Andhra Pradesh Govt Plea Against HC Stay On Construction Of Houses For EWS Section In Amaravati's R5 Zone
The Supreme Court on September 1 issued notice to the Neerukonda and Kuragallu Farmers Welfare Association (respondent) in a Special Leave Petition (SLP) filed by State of Andhra Pradesh (petitioner) assailing an order passed by the Andhra Pradesh High Court that stayed further construction of houses for the economically weaker sections in R-5 Zone of the capital city of Amaravati.The matter...