Sabarimala Review : Majority Order Is Without Jurisdiction

The majority order in Sabarimala Review Petitions is beyond the scope of Article 137 of the Constitution which confers power of review on the Supreme Court. The reviewing power is subject to law made by the Parliament and Rules made by the Supreme Court under Article 145 of the Constitution. [Order 47 embodied in the Supreme Court Rules, 2013]. The ambit of the review power is limited and circumscribed. Review is not an appeal or a denovo consideration of the matter. Its not a rehearing....

Are Contractual Employees Covered Under Maternity Benefits Act? Delhi HC To Decide

The Delhi High Court is faced with a question whether the Maternity Benefit Act of 2017 carves out an exception for women hired on contractual basis to provide consultancy services.The question is posed in a petition moved by National Commission for Women on behalf of a woman who was denied maternity benefits by the National Highways Authority of India on the ground that her engagement with...

Walayar Rape-Death Cases : When Criminal Justice System Failed To Deliver

The object of POCSO Act was defeated in these cases by all the functionaries -the Police, the Prosecutor, and the Judge.

No 'Cut-Paste' In Chidambaram's Bail Order In INX Media Case, Clarifies Delhi HC [Read Order]

The Delhi High Court on Monday clarified that the order rejecting bail to P Chidambaram contained no 'cut-paste' from the judgment in Rohit Tandon's case. Justice Suresh Kumar Kait issued this clarification after taking suo moto notice of the report published by "The Hindu" on November 17 that the November 15 order in Chidambaram's case had copy pasted certain facts from Rohit...

Subodh Gupta Case : Delhi HC Allows Instagram Account Holder To Maintain Interim Anonymity

The Delhi High Court on Monday allowed the Instagram account holder, who posted complaints of sexual harassment against Subodh Gupta on Instagram account 'Herdsceneand', to maintain interim anonymity by allowing the filing of vakalatnama and written statements in a sealed cover.The Single Bench of Justice Rajiv Sahai Endlaw ordered that interim anonymity is to be continued till the case...

INX Media: ED Moves Delhi HC To Correct Factual Errors In Chidambaram's Bail Order

The Enforcement Directorate on Monday moved an application before the Delhi High Court seeking corrections in the order rejecting bail to P Chidambaram, as passed by Justice Suresh Kumar Kait, on the grounds of it having certain factual errors. In paragraphs 35 and 36 of the judgment of Justice Suresh Kumar Kait in Chidambaram's case, portions from the order in Rohit Tandon's case can...

'Seniority Not A Fundamental Right' : Madras HC Strikes Down TN Rules On Fixation Of Seniority Based On Reservation In Promotions [Read Judgment]

Article 16(4-A) is only enabling provision and therefore, a roster point promotee belonging to reserved category cannot count his seniority in the promotive category on that basis.

No Decent Burial For Rafale Review

The paradox in the main judgment has been carried forward to the review judgment as well.

Finding 41 Answers Wrong, Chhattisgarh HC Quashes Results Of Preliminary Exam For Civil Judge Post [Read Judgment]

In a significant judgment, the Chhattisgarh High Court on Friday quashed the final results of the preliminary examination conducted by the Chhattisgarh Public Service Commission for the post of Civil Judge (Entry Level).This was after the Court found as many as 41 errors out of 100 questions in the answer key published for the examination.Justice Goutam Bhaduri, the single judge who heard...

The Tribunals Judgment – I: A Course Correction On The Money Bill

On November 13, a Constitution Bench of the Supreme Court delivered an important judgment concerning the constitutional validity of the Finance Act of 2017. Briefly, through the Finance Act, Parliament had merged a number of Tribunals, and delegated to the government the task of framing rules for their functioning. The Finance Act had been passed as a money bill, which barred the Rajya Sabha from amending it. There were, therefore, three issues before the Court: (i) whether the Speaker of the...

Court's Power To Decide What Is Essential Religious Practice: 'Apparent Conflict' Between Two Early Constitution Bench Judgments

In his order in Sabarimala Review Petitions referring some issues to larger bench, the Chief Justice of India has observed that there is an 'apparent conflict' between two constitution bench judgments viz. Seven judge bench judgment in Commissioner, Hindu Religious Endowments, Madras v. Sri Lakshmindra Thirtha Swamiar of Sri Shirur Mutt, and five judge bench judgment in Durgah Committee, Ajmer & Anr. v. Syed Hussain Ali. According to CJI Ranjan Gogoi, Shirur Mutt held that what are...

All You Want To Know About Ayodhya Verdict - Issues, Arguments & Findings

The Court was tasked with the resolution of a dispute whose origins are as old as the idea of India itself. The events associated with the dispute have spanned the Mughal empire, colonial rule and the present constitutional regime. The dispute in these appeals arises out of four regular suits which were instituted between 1950 and 1989. Before the Allahabad High Court, voluminous evidence,...