Speaker Should Decide On Disqualification Within 3 Months; Impartial Tribunal Needed Under 10th Schedule : SC [Read Judgment]

In a notable judgment, the Supreme Court has held that Speaker of the Legislative Assembly should decide on a petition seeking disqualification of a member under Tenth Schedule of the Constitution within a period of three months, in the absence of exceptional reasons.Highlighting the importance of taking a decision within a reasonable time, the SC said :"The Speaker, in acting as a Tribunal...

[Section 216 CrPC] Court Can Add Or Alter Charges At Any Time, Even After Reserving Judgment: SC [Read Judgment]

"The use of the words "at any time before judgment is pronounced" in Sub-Section (1) empowers the court to exercise its powers of altering or adding charges even after the completion of evidence, arguments and reserving of the judgment"

Breaking : Delhi Court Allows Chandra Shekhar Azad To Visit Delhi; Modifies Bail Conditions

In a relief to Bhim Army chief Chandra Shekhar Azad, a Delhi Court on Tuesday modified the conditions in the January 15 bail order to allow him to visit Delhi whenever for election purposes.The Court has however told Azad that he should inform the DCP(Crime) about his visit and day schedule. Whenever in Delhi, he should stay in the address mentioned in the application.Additional Sessions Judge...

Reservation In Promotion For Persons With Disability (PWDs) Not Prohibited: SC Upholds 2-Judge Bench Decision [Read Judgment]

The Supreme Court has observed that the rule of no reservation in promotions as laid down in Indra Sawhney has no application to Persons With Disability (PWD). A three judge bench headed by Justice Rohinton Fali Nariman upheld a two judge bench view that the basis for providing reservation for PWD is physical disability and not any of the criteria forbidden under Article 16(1).The bench,...

[Live Updates] SC Hearing On Article 370 & JK Reorganization

The Constitution Bench comprising Justices N V Ramana, S K Kaul, Subhash Reddy, Surya Kant and BR Gavai is hearing a batch of petitions challenging the Presidential Orders of August 5&6 issued under Article 370 of the Constitution which repealed the special status of Jammu and Kashmir. The bench is also considering the constitutional validity of the J&K Reorganization Act which...

No Religion Prescribes Use Of Loudspeakers For Worshipping: Allahabad HC Declines Mosques' Request To Install Loudspeaker For Azaan [Read Judgment]

Stating that no religion prescribes the use of loudspeakers for worshipping, the Allahabad High Court declined the permission sought by two mosques to install loudspeakers, for the purposes of Azaan. "No religion prescribes or preaches that prayers are required to be performed through voice amplifiers or by beating of drums and if there is such practice, it should not adversely affect...

SC Issues Notice On Plea Challenging National Minorities Commission & Minority Benefit Schemes [Read Petition]

The Supreme Court on Monday issued notice on a plea challenging the constitutional validity of the National Commission for Minorities Act 1972.The plea seeks a declaration that the Act is unconstitutional as being discriminatory and violative. Apart from that, the petition also challenges various financial benefits and educational grants given to minorities.Without notifying minorities...

Mandatory Time Line For Filing Written Statement Is Not Applicable To Non-Commercial Suits : SC [Read Judgment]

The Supreme Court has clarified that the mandatory time-line for filing written statement is not applicable to non-commercial suits. As regards non-commercial suits, the time-line for written statement is directory and not mandatory, the Court held.The courts have the discretion to condone delay in filing of written statement in non-commercial suits, held a bench comprising CJI SA Bobde,...

[Breaking] Muzaffarpur Shelter Home Case: Delhi Court Convicts Brajesh Thakur For Raping Minor Girls

Additional Sessions Judge Saurabh Kulshreshtha at Saket Court has convicted Brajesh Thakur and 18 other accused persons in the Muzaffarpur Shelter Home case. Brajesh Thakur has been convicted for multiple grounds of rape, gangrape (section 376(d), IPC) aggravated sexual assault under section 6 of POCSO Act, criminal conspiracy, and offences under the Juvenile Justice Act. Certain female...

Electoral Bonds: SC Gives Two Weeks Time To Election Commission To Reply

The Supreme Court on Monday declined to grant an immediate stay on the 2018 Electoral Bonds Scheme ahead of the Delhi Assembly polls, granting the Election Commission two weeks' time to reply."A stay was not given by this court before. So we may not do it now", observed the bench headed by Chief Justice S. A. Bobde. However, noting Advocate Prashant Bhushan's submission that the polls in...

SC Issues Notice On Plea Challenging Validity Of NIA Amendment Act 2019

A Supreme Court bench comprising Justices R F Nariman and Ravindra Bhat on Monday issued notice to the Centre on a writ petition which challenged the constitutional validity of the National Investigation Agency (Amendment) Act 2019.The Amendment Act expanding the power of the National Investigating Agency was passed by the Parliament during the 2019 monsoon session.Senior Advocate Santhosh...

How Governments Sidestepped Compliance With The Salwa Judum Decision

In July 2011, a panel of Justice B. Sudarshan Reddy (who was slated to retire from office that week) and Justice S.S. Nijjar declared the establishment of Salwa Judum unconstitutional and ordered that it be disbanded immediately. It also directed an immediate end to the deployment of the SPOs in counter-insurgency operations. The state and central governments were censured for their conduct from the time of the filing of the PIL in 2005.The state government was criticized for making misleading...