Revenue Authorities Have No Jurisdiction To Decide 'Title Dispute' Between Parties In Respect Of Immovable Properties: Karnataka HC(FB) [Read Judgment]

In an important judgement which would do away with lodging of multiple litigations, a Full Bench Of Karnataka High Court has held that "The revenue authorities viz., the Tahsildar, Assistant Commissioner and Deputy Commissioner have no jurisdiction to decide the 'title dispute', between the parties in respect of the immoveable property/properties. It is the exclusive domain of the...

71st Republic Day : A Look At The Constitutional Amendments Struck Down By Courts On Basic Structure Doctrine

Constitution of a country is the basic norm - Grund Norm - which includes fundamental principles which lay down the foundation of a society. Though the phrase 'basic structure' is not explicitly mentioned in the Constitution, this was recognised in the case of Kesavananda Bharati v. State of Kerala. The 13-judge Constitution Bench of the Supreme Court in this case said that every...

71st Republic Day : 'We The People' Reclaiming The Constitution

The 'Preamble' has emerged as a symbol of resistance.

Lessons From Myanmar On Discriminatory Citizenship Laws And Genocide

The International Court of Justice has delivered a momentous verdict against Myanmar on the Rohingya genocide issue in a case filed by African nation The Gambia.This is a big blow to Myanmar's official stand which refused to acknowledge the very identity and existence of Rohingya Muslims. The United Nations top court held that Rohingyas were a "protected group" within the definition of the Genocide Convention, and issued provisional orders directing Myanmar to take steps for their protection.The...

Preamble To The Constitution : Ideals And Visions

The Preamble to our Constitution (in brief, 'Preamble') is more than just 63 words perfectly arranged and catalogued (in a certain way) in some normative sentences; most importantly, it is all about the democratic aspirations and ideals of the people of India (I. C. Golaknath & Ors vs State of Punjab & Anrs. 1967 SCR 2). It is pertinent to note that the Preamble does not...

Secularism Is Against The Idea Of Exclusivism Of One Religion Over Others : Kerala HC [Read Judgment]

In a notable judgment, the High Court of Kerala has ruled that a private school requiring Government's recognition has no freedom to impart religious instructions of a particular religion in exclusion of other religions. Justice A Muhamed Mustaque traced certain limitations on an educational institution in the matter of religious instructions, even if it was a private, un-aided...

Anti-CAA Protests In UP : Plea In SC To Quash Notices To Recover Public Loss From Protestors [Read Petition]

A plea has been filed before the Supreme Court, seeking to quash the notices issued by the District Administration of State of Uttar Pradesh to recover damages for the public loss caused to public property from alleged Protestors on account of December 2019 protests against Citizenship Amendment Act, 2019 and NRC. Allegedly, the December 19, 2019 protests in Lucknow and other parts of...

Factors Like Gravity & Seriousness Of Alleged Offence By Themselves Cannot Be The Basis To Refuse Bail: SC [Read Judgment]

The Supreme Court has observed that the factors like gravity and seriousness of offences alleged against an accused by themselves cannot be the basis for refusal of prayer for bail. The bench of Justice Deepak Gupta and Justice Aniruddha Bose made this observation while dismissing appeal against an Allahabad High Court order that granted bail to two accused persons allegedly involved in...

Schools Which Require Govt Recognition Cannot Impart Religious Studies Of One Religion Exclusively In Preference To Others: Kerala HC [Read Judgment]

The Court also held that the private school which requires recognition is entitled to impart religious instruction or study based on religious pluralism after obtaining permission from the State Government

Decoding The ICJ Order On Rohingya Genocide In Myanmar

Yesterday, the International Court of Justice issued its decision relating to the request for provisional measures in the case brought by The Gambia against Myanmar, relating to the Genocide Convention and the Rohingya. This order is the result of an application filed by The Gambia on 11 November 2019 at the ICJ. As I have previously written about the application, as well as days 1, 2 and 3 of the hearings held in December 2019, I will not recap the arguments raised but instead...

'Public Universities Can't Put The Burden of Paying Contractual Staff On Students': Delhi HC Issues Notice On JNUSU Plea Against New Hostel Manual

The Delhi High Court on Friday issued a notice to Jawaharlal Nehru University to file a reply in 2 weeks, in a plea moved by JNU Students Union challenging the new hostel manual. In addition to the University administration, notices have also been issued to the Ministry of Human Resource Development and the University Grants Commission. The Single Bench of Justice...

Writ Of Habeas Corpus Cannot Be Invoked For Granting Premature Release Of Convicted Prisoners: SC [Read Judgment]

The Supreme Court has observed that a writ of habeas corpus cannot be invoked for granting plea seeking premature release of a convicted prisoner. The bench of Justices S. Abdul Nazeer and Deepak Gupta observed that it is not for the writ court to decide whether a prisoner is entitled to parole or remission and these matters lie squarely in the domain of the Government. The Court...