Death Sentence Only When The Alternative Option Is Unquestionably Foreclosed: SC [Read Judgment]

“There is no doubt that the murder involves exceptional depravity which is one of the aggravating circumstances. The manner of commission of the crime is extremely brutal. However, we are of the considered opinion that the Appellant does not deserve the sentence of death.”

SC issues Notice On A Plea Alleging"Communally Motivated Humanitarianism" Towards Illegal Migrants

The Supreme Court on Friday issued notice to the Centre and the Tripura government on a petition challenging the constitutional validity of the Passport (Entry into India) Amendment Rules, 2015 and The Foreigners (Amendment) Order, 2015, which naturalises illegal migration of Hindus, Sikhs, Buddhists, Jains, Parsis and Christians into India due to religious persecution in Bangladesh and...

No Vested Right To Out-of-Turn Promotions: SC Dismisses UP Cops' Plea [Read Order]

The Supreme Court on Tuesday dismissed plea of Uttar Pradesh police officers' seeking out-of-turn promotions for 'their credit acts of exemplary courage and valour while on duty'. In 1994, the UP Government had adopted a policy which visualised out-of-turn promotions to police personnel who had to their credit acts of exemplary courage and valour while on duty. This policy was terminated in...

SC To Hear Plea For CBI Probe In Kalburgi Murder Case On Feb 26

With a plea seeking a CBI probe into the murder of rationalist M M Kalburgi, the Supreme Court on Friday termed it a "very serious case" and said that it would hear the matter in detail on February 26. Noted scholar Kalburgi, 77, was killed at Dharwad in 2015. A bench of justices R F Nariman and Vineet Saran said that no parties will be given any adjournment. "This is a very serious...

SC Issues Notice On PUCL's Challenge Against Govt's Surveillance Powers Under IT Act And Telegraph Act

The Supreme Court on Friday issued notice on a PIL by the NGO PUCL challenging the surveillance powers of the State under section 5(2) of the Indian Telegraph Act read with Rule 419-A of the Indian Telegraph Rules of 1951. The petition also attacks the constitutional validity of section 69 of the Information Technology Act and the Information Technology (Procedures for Safeguards...

Judges Selection- Stipulations In The Advertisement Can Only Be Changed In Terms Of Statutory Rules:SC [Read Judgment]

The Supreme Court has observed that appointments to the post of judicial officers are to be made in terms of stipulations contained in the advertisement and such stipulations can only be changed in terms of statutory Rules. The Supreme Court was considering appeal against High Court Of Hyderabad For The State Of Telangana And State Of AP order in which it had held that the decision of...

Senior Advocate H S Phoolka, The Voice Of 1984 Riot Victims, Gets Padma Award

The Central Government has conferred Padma Shree award to Senior Advocate Harvinder Singh Phoolka, who spearheaded the legal battle to secure justice for the victims of the 1984 anti-Sikh riots.Last December, the Delhi High Court had reversed the acquittal of congress leader Sajjan Kumar for his involvement in the 1974 riots. Phoolka represented the complainant Jagdish Kaur in the case, who...

CIRP Under IBC Can Continue Independent Of Winding Up Petition Pending In High Court : SC [Read Judgment]

Corporate Insolvency Resolution Process(CIRP) under the Insolvency and Bankruptcy Code (IBC) can continue independent of any pending winding up process against the corporate debtor pending in the High Court under the Companies Act, held the Supreme Court in a judgment delivered on January 22 by a bench of Justice R F Nariman and Navin Sinha.This came in the case Forech India Ltd vs...

Writ Under Article 32 Not Maintainable For Enforcement Of Personal Contractual Rights: SC [Read Judgment]

The Supreme Court has held that employees cannot be granted a writ under Article 32 of the Constitution of India for claiming enforcement of any personal contractual rights against their employers.The bench comprising Justice Abhay Manohar Sapre and Justice R. Subhash Reddy ruled, "Even otherwise, no writ lies under Article 32 of the Constitution at the instance of any employee or the...

CJI Reconstitutes Ayodhya Bench: Justices Ashok Bhushan And Nazeer To Replace Justices Ramana And Lalit

The Chief Justice of India has reconstituted the constitutional bench hearing Ayodhya case by replacing Justices UU Lalit and NV Ramana with Justices Ashok Bhushan and S. Abdul Nazeer. Now the bench comprising CJI Ranjan Gogoi, Justices SA Bobde, DY Chandrachud, Ashok Bhushan and S. Abdul Nazeer will hear the matter on 29th January 2019. Earlier this month, CJI...

Non-Disclosure Of Information Under RTI Act: SC issues Notice To RBI On Contempt Plea

The Supreme Court has issued notice to the Reserve Bank of India (RBI) on two contempt petitions filed against it for non-disclosure of information under the Right to Information (RTI) Act.Notice was issued by a bench headed by Justice L. Nageswara Rao on petitions filed by RTI activists Mr. Subhash Chandra Agrawal and Mr. Girish Mittal, both of them represented by Advocates Prashant Bhushan...

SC Directs Centre To Set Up Circuit Benches Of NCLAT Within 6 Months

In the judgment upholding the validity of Insolvency and Bankruptcy Code delivered today, the Supreme Court directed the Central Government to set up circuit benches of National Company Law Appellate Tribunal within 6 months from today.The bench of Justices R F Nariman and Navin Sinha issued the direction on the basis of undertaking made by Attorney General K K Venugopal(paragraph 16 of...