When A Person Is Lynched For The Food He Had, It Is The Constitution Which Gets Lynched : Justice Chandrachud [Watch Video]

Commenting on the great chasm between the idealistic vision of Constitution and actual working of it at ground level, Justice D Y Chandrachud said "when a person is lynched for the food he or she had, it is the constitution which gets lynched".He placed the working of constitution in the context of several recent incidents, which paint the Indian state in a less savoury light, by saying...

Supreme Court Weekly Round Up

Section 38 Specific Relief Act: Plaintiff Has To Prove His Actual Possession On The Date Of Filing The Suit [Balakrishna Dattatraya Galande V. Balakrishna Rambharose Gupta] The Supreme Court observed that in a suit filed under Section 38 of the Specific Relief Act, permanent injunction can be granted only to a person who is in actual possession of the property on the date of...

"Threat Of Surveillance by The State Or By Private Players Is A Challenge To Human Rights" :Justice Sikri

"In so far as the contempt power is concerned, we are not using it that much in India", reflected Justice A. K. Sikri on Sunday at Lawasia's first Human Rights Conference in New Delhi. Moderating a panel of lawyers and journalists, Indian and international, on the issue of the "Freedom of the Press in the Digital Age", the second senior-most judge of the Supreme Court noted that though it...

Political Parties Should Not Be Allowed To Field Candidates With More Than 2 Kids: PIL In SC [Read Petition]

A PIL has been filed in the Supreme Court seeking direction to the Election Commission to India requiring all political parties to not field candidates who have more than two children and to also declare the two-child norm a mandatory criterion for government jobs, subsidies besides other measures to control population explosion.The PIL has been filed by BJP spokesperson advocate...

Direct Recruitment Of District Judges In Rajasthan: State Bar Council & Associations File IAs In SC For Recall Of Interim Relief

The Rajasthan High Court Bar Association (RHCBA), Rajasthan High Court Advocates Association (RHCAA), the Bar Association, Jaipur and Bar Council of Rajasthan have all filed applications in the Supreme Court, demanding impleadment in the case concerning direct recruitment of district judges.They have also demanded recall of the interim relief granted by the Supreme Court allowing...

Litigation Fees Should Not Create A Divide Among The Haves & Have-Nots: President Kovind

Litigation fees should not create a "divide among the haves and have-nots", President Ram Nath Kovind said on Friday. He added that frequent adjournments, which are often sought only to delay cases, "are an inconvenience and a form of a justice tax on poor and less-well-off litigants". The President was speaking on the occasion of presentation of the festschrift titled, 'Law, Justice...

Meghalaya Miners: 2 Months Later, Centre To Finally Airlift 100HP Pumps & Call In Army, SC Told [Read Order]

The court also directed Coal India and the state of Meghalaya to provide a list of all illegal mines operating in the area, issues notice to owner of illegal rat-hole mine

Governing Scheme To Consider Applications For Compassionate Appointment: SC Refers To Larger Bench [Read Order]

Which scheme would apply to applications seeking compassionate appointments when the original scheme under which appointment on compassionate grounds could be made, was substituted by one under which only ex gratia payment would be made over to the dependants? The Supreme Court has referred this question to a larger bench. The bench comprising Justice Uday Umesh Lalit and Justice...

Sec.43 TP Act - Transfer By Erroneous Representation Of Title Will Hold Good If Transferor Acquires Title Later : SC [Read Judgment]

Applying the principle of "feeding the grant by estoppel" under Section 43 of the Transfer of Property Act, the Supreme Court granted relief to a party, who was misled to purchase a property by erroneous representation of title by the vendor.The appellant before the SC had instituted a title suit in 1995, seeking declaration of title over a plot. The plot was purchased by him on January 6,...

PIL For Fresh Probe Into Murder Of Haren Pandya Posted Before Bench Headed By Justice Arun Mishra

The Supreme Court on Friday required a petition by NGO Centre for Public Interest Litigation (CPIL) for a fresh, court-monitored investigation into the murder of Haren Pandya, BJP leader and Home Minister in the Gujarat Cabinet, to be placed before the same bench which is hearing the criminal appeal in the matter. The bench of Justices A. K. Sikri and Abdul Nazeer was of the view that the...

'Mayawati Should Reimburse Public Money Spent On Statues', SC Remarks Orally

The Supreme Court bench headed by Chief Justice of India Ranjan Gogoi orally remarked today that Bahujan Samajwadi Party (BSP) Supremo Mayawati should reimburse the public money she had spent for installing statues of herself and the party symbol 'elephant' at public places."Madam Mayawati, reimburse to the exchequer the public money you spent on the elephants.We are of tentative view that ...

Economic Reservation : SC Agrees For Early Hearing Of Petitions Challenging EWS Quota

The Supreme Court on Friday issued notice on a fresh petition by Congress leader Tehseen Poonawalla challenging the Constitutional (103rd Amendment) Act of 2019 which introduced the 10% EWS (Economically-Weaker Sections) quota. While the bench headed by Chief Justice Ranjan Gogoi clarified that it was not staying the amendment in the interim, the court agreed to consider the issue for an...