Top Stories
SC Refused To Entertain Parole Plea Of Swami Shraddhanand Who Is Serving Life Sentence For Murder Of His Wife, Granddaughter Of Dewan Of Mysore
The Supreme Court, on Wednesday, refused to entertain self-styled godman Swami Shraddhanand’s plea to be released on temporary parole. The 82 year old, Swami Shraddhanand alias Murali Manohar Mishra who has been in prison for almost 30 years now, is currently undergoing life imprisonment for the murder of his wife Shakereh Khaleeli - the granddaughter of Dewan of Mysore, Sir Mirza Ismail....
Centre Relies on Parliamentary Debates from 1950s to Oppose Same-Sex Marriage, SC Asks, ‘Was It Legal Anywhere in the World at the Time?’
The Union of India on Wednesday argued against the ‘reading in’ of gender neutrality in the provisions of the Special Marriage Act, 1954 on the ground that the legislature had ‘consciously’ intended for it to be an act recognising only heterosexual unions. In support of this contention, the centre relied heavily on parliamentary debates on the floor of the House before the passing...
Breaking: Bombay High Court Orders Maha Govt To Direct Educational Institutions To Enable Retrospective Name & Gender Change For Transgender Persons
The Bombay High Court has asked the Maharashtra Government to issue directions to all educational institutions in the state to enable retrospective name and gender change for transgender persons in their records.A division bench of Justices Gautam Patel and Neela Gokhale observed that educational institutions should have a form on their websites for precisely such changes, i.e., noting a...
Same Sex Marriage | Judiciary Not Equipped To Deal With Shades Of Gender Within LGBTQIA+ Spectrum, Let Parliament Decide: Centre To Supreme Court
The Union of India on Wednesday urged the Supreme Court to leave the question of granting members of the LGBTQIA+ community an equal right to marry, and subsequently, regulating such marriage, to the wisdom of the legislature. Appearing on behalf of the Centre, Solicitor-General Tushar Mehta told a Constitution bench today that the legislative policy of India has traditionally been...
Supreme Court Weekly Digest With Nominal And Subject/Statute Wise Index (Citations 282 - 307) [April 10 – 16, 2023]
SUBJECT WISE INDEXAdvocateDuty of all genuine lawyers to get their degrees verified: Supreme Court forms expert committee to oversee verification. Ajay Shankar Srivastava v. Bar Council of India, 2023 LiveLaw (SC) 307ArbitrationSection 34 application must be filed within 90 days limitation to claim exclusion of period when court remain closed. Bhimashankar Sahakari Sakkare Karkhane Niyamita...
Using Celebrity Names, Images For Art Or Satire Permissible Under Freedom Of Speech And Expression; Won’t Infringe Right Of Publicity: Delhi High Court
The Delhi High Court has observed that the use of celebrity names or images for art, satire, news or music would be permissible as a facet of the right of freedom of speech and expression under Article 19(1)(a) of Constitution of India and would not infringe the celebrity’s right of publicity.Observing that the right of publicity cannot be seen as an absolute right in India in the absence of...
Don't Cite Dobbs, We Are Far Beyond It: CJI DY Chandrachud Expresses Reservation On US Supreme Court's Judgment On Abortion Rights
Chief Justice of India DY Chandrachud today expressed his reservation over US Supreme Court's controversial decision in Dobbs v. X which held that there is no constitutional right to abortion."Don't cite Dobbs, we are far beyond it and fortunately so," the CJI promptly remarked when Solicitor General Tushar Mehta cited the judgment to support his argument on limits of judicial power with...
Plea In Supreme Court Challenges Restoration Of Lakshadweep MP Mohammed Faizal's Lok Sabha Membership
A plea has been moved in the Supreme Court challenging the restoration of Lakshadweep MP Mohammed Faizal Khan's Lok Sabha Membership. His membership was restored last month in view of the Kerala High Court suspending his conviction, on January 25, in an attempt to murder case.The plea moved by Lucknow-based Advocate Ashok Pandey contends that once a member of Parliament or of a state...
Centre Says Same Sex-Marriage Will Play Havoc With Personal Laws But We Are Also Part Of Society, Our Parents Long To See Us Married: Adv Arundhati Katju
The Supreme Court today continued hearing the arguments for petitioners seeking legal recognition for queer marriages in India. Advocate Arundhati Katju, while addressing the Constitution bench today, urged the Top Court to issue a positive declaration that marriage solemnised under Special Marriage Act and parties to such marriage will be entitled to all rights & obligations,...
There Was Need For State Action To Give Effect To Shayara Bano Ruling: Centre Informs Supreme Court In Plea Challenging Constitutional Validity of Triple Talaq Law
The Centre in its affidavit filed in response to the petitions challenging the Muslim Women (Protection of Rights on Marriage) Act 2019 has stated that the despite the ruling of the Supreme Court declaring the practice of Triple Talaq unconstitutional, reports show that this practice of divorce continues to exist. As the judgment in Shayara Bano case hasn't led to a decrease in the instances...
1973 April 26- The Saddest Day In The History Of Our Free Institution
This was the title to a Joint Statement issued by eminent members of the Bar and former members of the Bench.[2] On 26th April 1973—half a century ago today—is the only day in the history of the Supreme Court that the Bar struck and called the action of the Government "a blatant and outrageous attempt at undermining the independence and impartiality of the judiciary."[3]. It was the day...
Filing Incomplete Chargesheet Without Completing Investigation Would Not Extinguish The Right Of Accused To Get Default Bail: Supreme Court
The Supreme Court, on Wednesday, held that without completing an investigation of a case, a chargesheet or prosecution complaint can't be filed by an Investigating Agency only to deprive an accused of his right to default bail under Section 167 of CrPC.A Bench comprising Justice Krishna Murari and Justice CT Ravikumar held the same while considering a criminal writ petition filed by...