What Is Article 131 Of Constitution? [Explainer]

Article 131 of the Constitution, a rarely used provision, was in the news last week with two unusual suits filed by the Governments of Kerala and Chhattisgarh, challenging two central legislations.The State of Kerala challenged the Citizens Amendment Act (CAA) by invoking the Original jurisdiction mentioned under Article 131 of the Constitution. The State of Chhattisgarh filed a suit the...

SFI Moves SC Challenging Citizenship (Amendment) Act 2019

The Student Federation of India has filed a petition under Article 32 of the Constitution of India, challenging the constitutionality of the Citizenship (Amendment) Act, 2019, along with the validity of the power of the Central Government to grant class exemption under Section 3(2)(c) Passport (Entry Into India) Act, 1920, and Section 3A of the Foreigners Act, 1946. Nationwide protests have...

Kashmir : Why SC's Omission To Address 'Emergency' Argument Of Petitioners Is Problematic?

The judgment has not dealt with the argument that lockdown of an entire state can be done only by declaring formal Emergency.

EPF Act: Contractual Employees Engaged By A Company Entitled To Provident Fund Benefit: SC [Read Judgment]

The Supreme Court has observed that contractual employees engaged by a Company, who draw their wages/salary directly or indirectly from the Company, are entitled to the benefit of provident fund under the Employees' Provident Funds and Miscellaneous Provisions Act, 1952. The Government of India holds 51% shareholding in PAWAN HANS LIMITED and the remaining 49% is held by Oil and Natural...

Nirbhaya: Fresh Death Warrant Issued To All Four Convicts- To Be Hanged On Feb-1

Sessions Judge Satish Arora of Patiala House Courts, Delhi has issued a fresh death warrant for the execution of the four convicts in the Nirbhaya rape case. The new date set for the execution is February 1, 6 in the morning.On January 7, the Court had issued warrant for execution on January 22. This has been changed in view of the rejection of Mukesh's mercy plea by the President today....

"He Is Higher Than Bharat Ratna": SC Dismisses Plea Seeking Bharat Ratna To Mahatma Gandhi

The Supreme Court on Friday declined to issue to any direction to the Union of India for conferring the Bharat Ratna on Mahatma Gandhi. "He is much higher than the Bharat Ratna? He is held in much greater esteem by the people!...We agree with your views, we accept your views...but what is the Bharat Ratna for Mahatma Gandhi?", observed Chief Justice S. A. Bobde."We agree that he should...

Karnataka HC Imposes Cost On Police Officers For Registering FIR Under Section 66A Of IT Act [Read Order]

The Karnataka High Court has directed two police officers to pay a cost of RS 10,000 each for registering a First Information Report (FIR) under section 66 (A) of the Information Technology Act, which has been struck down by the Supreme Court. Justice P S Dinesh Kumar, directed Assistant Sub Inspector, M Somanna and Police Inspector, Ravi Patil, to pay the cost with the...

Explained - Mercy Petition, Presidential Pardon & Judicial Review

Few days ago, two of the death row convicts in the Nirbhaya case submitted mercy petition before the President of India.After the dismissal of their curative pleas by the SC, this is the last remedy available to them to avoid the gallows. In this backdrop, let us analyze the legal framework of mercy power.Provisions under Indian LawIt may be noted that Article 72 of the...

'What Prompted You To Become A Civil Judge, You Could Have Continued As A Lawyer':Arun Mishra J In Civil Judges Vs Bar Candidates Case

"What prompted you to become a civil judge? You could have continued as a lawyer, made lucrative money, and then become a District Judge or come to the HC or even the SC directly! Have some guts!", remarked Justice Arun Mishra on Thursday.The Supreme Court bench comprising Justices Mishra, Vineet Saran and Ravindra Bhat was considering the issue of appointment of Civil Judges to the post...

Amendment Of Pleadings After Commencement Of Trial: SC Explains [Read Order]

The Supreme Court has observed that the amendment of pleadings at the stage of evidence can be allowed only if the Court is satisfied that in spite of due diligence, the party could not introduce amendment before commencement of the trial. In a partition suit, the evidence had already begun and at that stage, the plaintiff filed application seeking amendment of plaint. The contention taken...

Senior Advocate Harish Salve Named Queen's Counsel

The United Kingdom's Ministry of Justice Department has appointed Senior Advocate Harish Salve as the Queen's Counsel (QC) for the courts of England and Wales. The title of QC (also known as silk) is usually awarded to lawyers possessing demonstrated skill and expertise in the conduct of advocacy. They are appointed by the Queen, on the advice of the Lord Chancellor. He is in turn...

CAA Arrests: Lucknow Court Grants Bail To Human Rights Lawyer Adv Md Shoaib [Read Order]

On Wednesday, Lucknow Sessions Court allowed the bail application moved by Lucknow based senior lawyer and president of human rights group Rihai Manch, Mohammad Shoaib. He was arrested in the intervening night of 19.12.2019-20.12.2019 at 12 am, for alleged involvement in CAA protests at Clarks Awadh Tiraha in Lucknow. The said protests were termed illegal due to imposition of Section...