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Whether Adjudicating Authority Under PMLA Ought To Have One Judicial Member? Supreme Court To Consider
A Division Bench of the Supreme Court has passed an order directing that 6 cases, raising the issue whether Adjudicating Authority under Prevention of Money Laundering Act (PMLA) ought to have one Judicial Member, be placed before the Chief Justice of India so that they can be listed before one Bench.The order was passed by a bench of Justices Abhay S Oka and AG Masih in a special leave...
Plea To Criminalise Marital Rape | 'If Wife Says No, Husband's Only Option Is To File For Divorce?' Supreme Court Asks
The Supreme Court today (October 17) commenced the hearing of a batch of petitions seeking the criminalization of marital rape. The petitioners represented by Senior Advocate Karuna Nandy stressed that the Exception no.2 under the definition of Rape as per the old and new penal provisions violated the fundamental rights of a woman under Articles 14, 21 and 19 of the Constitution and reduced...
'Singling Out Assam Rational; Cut-Off Date Not Arbitrary' : Supreme Court Holds S.6A Citizenship Act Doesn't Violate Article 14
While upholding the constitutional validity of Section 6A of the Citizenship Act 1955, which recognized the Assam Accord, the majority judgment authored by Chief Justice of India D.Y. Chandrachud and Justice Surya Kant (for Justices M.M. Sundresh, Manoj Misra and himself) has held that Section 6A did not violate Article 14. Justice J.B. Pardiwala, who lone dissented, has held otherwise. As...
In Motor Accident Claims, Preponderance Of Probabilities Must Be Applied; Not Proof Beyond Reasonable Doubt : Supreme Court
The Supreme Court on Thursday (Oct. 17) observed that in motor accident claim cases, the courts must apply the principle of preponderance of probability and cannot apply the test of proof beyond reasonable doubt. While observing so, the bench comprising Justices CT Ravikumar and Prashant Kumar Mishra allowed the motor accident compensation claim of the kin of the bike rider who was killed in...
'Post-1971 Illegal Immigration Not Stopped' : Supreme Court To Monitor Action Against Illegal Immigrants In Assam
While upholding the constitutional validity of Section 6A of the Citizenship Act, 1955 - which enables immigrants from Bangladesh who entered Assam before March 25, 1971 to seek Indian citizenship - the Supreme Court lamented that no effective steps have been taken to prevent illegal immigration after 1971.A 5-judge Constitution Bench comprising Chief Justice of India DY Chandrachud,...
'What Kind Of Petition!' : Supreme Court Dismisses Plea Seeking Re-Election In 20 Haryana Assembly Seats
The Supreme Court on Thursday (October 17) dismissed a petition seeking re-election in 20 assembly seats in Haryana."What kind of petitions are these?", Chief Justice of India DY Chandrachud expressed surprise at the matter before dismissing it.When the petitioner mentioned the matter for urgent listing this morning, CJI took exception to the prayers sought in the petition. "You want an...
S.6A Citizenship Act Doesn't Violate Fraternity, Fraternity Encourages Intermingling Of Different Groups : Supreme Court In Assam Accord Case
The Supreme Court has rejected the argument that Section 6A of the Citizenship Act- which allowed migrants who came to Assam from Bangladesh before March 25, 1971, to seek Indian citizenship -violated the concept of fraternity.A 5-judge Constitution Bench upheld by 4:1 majority (Chief Justice of India DY Chandrachud, Justices Surya Kant, MM Sundresh and Manoj Misra) the constitutional validity...
Mere Presence Of Different Ethnic Groups In A State Doesn't Violate Cultural Rights Of Local Population: Supreme Court In Assam Accord Case
While upholding the constitutional validity of Section 6A of the Citizenship Act, 1955, which recognized the Assam Accord, the Supreme Court (4:1) majority rejected the argument that conferring citizenship to migrants from Bangladesh infringed the cultural and linguistic rights of Assamese guaranteed under Article 29 of the Constitution.The Court, through the judgment of Chief Justice of India...
West Bengal Cash-For-Jobs Scam : Supreme Court Grants TMC Youth Leader Kuntal Ghosh Liberty To Approach HC For Bail In PMLA Case
The Supreme Court today granted Trinamool Congress youth leader Kuntal Ghosh liberty to approach the High Court for bail in a money laundering case arising out of the alleged cash-for-jobs scam in West Bengal.A bench of Justices Surya Kant, CT Ravikumar and Ujjal Bhuyan passed the order in a writ petition filed by Ghosh, assailing fresh bail hearing by a new judge, after significant hearing...
Supreme Court Acquits Man Sentenced To Death For Alleged Murder Of Mother, Wife & 2-Yr-Old Daughter
The Supreme Court today set aside the conviction and the death sentence of a man for the alleged murder of his mother, wife and two-year-old daughter noting that the prosecution was unable to prove an unbroken chain of events.A bench of Justices BR Gavai, Prashant Kumar Mishra and KV Viswanathan delivered the verdict. Pronouncing the decision, Justice Gavai said:"We have found that...
PMLA Review | Supreme Court Adjourns Hearing At Request Of Parties, Lists Matter On Nov 27
The Supreme Court today adjourned the review petitions filed against the Vijay Madanlal Choudhary judgement, which upheld various provisions of the Prevention of Money Laundering Act (PMLA). Next date given in the matter is November 27.A bench of Justices Surya Kant, CT Ravikumar and Ujjal Bhuyan passed the order, at a request made by the parties. While the petitioners submitted that...