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,...

10 Reasons Why The Sabarimala Reference To 7 Judges Is Problematic

The Supreme Court by a majority of 3:2 found that there is apparent conflict between a 7 judge bench decision in Shirur Mutt (1954) and a 5 judge bench decision in Durgah Committee, Ajmer (1962). A 9 para long judgment authored by Chief Justice Ranjan Gogoi and Justices Khanwilkar and Indu Malhotra constitutes the majority judgment and Justices Nariman and Chandrachud dissented vide a detailed dissenting judgment authored by Justice Nariman. While I do not agree with the majority...

What Is A "Review"?

Article 137 of the Constitution of India allows the Supreme Court to "review" any judgment passed by it. According to the jurisprudence of the Court, a review is to be granted in exceedingly rare circumstances. In Union of India v Sandur Manganese and Iron Ores Ltd., for example, the Supreme Court restated the position of law as follows: a review could only be allowed in cases of "discovery of new and important … evidence", an "error on the face of the record", or another "sufficient reason"...

LIVE-UPDATES - Kashmir Petitions

A Five Judge Constitution bench has commenced hearing the Petitions Challenging Against Scrapping Article 370 And Bifurcation Of State.Live-Updates...

LIVE UPDATES From SC [Can Persons Holding Public Office Comment On Crimes ?]

Watch this space for live updates from Supreme Court.Supreme Court to pronounce the Judgments in Sabarimala and Rafale review petitions at...

Delhi HC Refuses To Summon Bihar's CM Nitish Kumar As A Plaintiff's Witness In a Copyright Infringement Suit Against Him

Delhi High Court has dismissed an application moved by person seeking Bihar's Chief Minister, Mr Nitish Kumar, to be summoned as a plaintiff's witness despite him being a defendant in a suit for copyright infringement. Commenting upon the application of rule regarding summoning of witnesses in the present case, Justice Kameswar Rao noted that the plaintiff will have a...

Centre Notifies Appointment Of Advocate CS Dias as Additional Judge Of Kerala HC [Read Notification]

The central government has notified the elevation of Advocate Conrad Stansilaus Dias as an Additional Judge of the Kerala High Court. His appointment will take effect from the date he assumes office and will last for a period of two years. His name was recommended as such by the Supreme Court Collegium vide resolution dated March 25, 2019. Through the same resolution, the Collegium...

President's Rule Imposed In Maharashtra

In view of the continued political stalemate in Maharashtra, President Ram Nath Kovind imposed Presidential Rule in the state under Article 356 of the Constitution.The Maharashtra Governor Bhagat Singh Koshyari had recommended presidential rule today afternoon.The results of the recent assembly elections in Maharashtra returned a fractured mandate, with no single party getting simple...

High Courts Weekly Round-Up

Allahabad High Court Reiterated that a magistrate is obligated to mention his satisfaction as to the existence of a prima facie case, for summoning an accused.Reiterated that once the parties had decided to enter into a compromise, it would be oppressive and prejudicial to continue the proceedings. Bombay High Court Asked journalist and activist Gautam Navlakha to go...

Ayodhya Verdict Is Not A Precedent To Correct Alleged Historic Wrongs By Previous Rulers

The Court traveled back in time only for the limited purpose of examining the claims of possession, and not to adjudicate on an alleged historic wrong.

INX Media: Delhi HC Reserves Order on Chidambaram's Bail Plea in ED Matter

Delhi High Court reserves order on the regular bail application filed by P Chidambaram in the ED matter against him in INX Media case. Arguing against the bail, SG Tushar Mehta presented before the court a letter given by one of the witnesses, in a sealed cover. Justice Kait had asked the SG to show statements of witnesses that suggest Chidambaram tried to influence the witnesses. SG...