Tag Archives: supreme court

AAP MLAs disqualification: Sisodia says will fight case in court

Delhi deputy CM Manish Sisodia said AAP is confident of winning a legal battle against the disqualification of 20 MLAs for holding offices of profit.

The Aam Aadmi Party (AAP) is confident of winning a legal battle against the disqualification of 20 MLAs for holding offices of profit as political secretaries and is hoping there will be no need for bypolls in Delhi, deputy chief minister Manish Sisodia said on Tuesday.

Reposing faith in the judiciary, Sisodia said that the Centre’s notification on Sunday — which brings down the AAP’s strength from 66 to 46 in the 70-member Delhi assembly — “would not stand in the court even for two minutes”.

“As of now, our only strategy is to fight in Continue reading

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SC to reconsider Section 377 that criminalises homosexuality

The Supreme Court said on Monday it will revisit its 2013 verdict upholding Section 377 of the Indian Penal Code that bans homosexual sexual acts, and referred a petition against the controversial colonial law to a larger bench.

A three-judge bench of the SC led by Chief Justice Dipak Misra said the 2013 judgement, which overturned a 2009 Delhi high court verdict that decriminalised consensual same-sex acts, was guided by the perception of majority and concept of social morality.

“Concept of consensual sex may have more priority than a group right and may require more protection. A section of people or individual who exercise their choice should never live in a Continue reading

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No need for national anthem in theatres

The Centre on Monday asked the Supreme Court to put on hold its order that made playing the national anthem in cinema halls mandatory, effectively reversing its support of the November 2016 directive that drew flak from free speech activists.

More than year after the order was implemented, the government said it had constituted an inter-ministerial committee to frame new guidelines on playing of the national anthem and would require six months to finalise them.

Until then, the Centre urged the top court to “consider restoration of status quo ante, which is restoration of the position as it stood before the order was passed by the court on November 30, 2016” with regard to the direction that mandates playing of national anthem in cinema halls before Continue reading

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Hindus not a minority in Jammu & Kashmir : State govt tells SC

Jammu and Kashmir does not acknowledge Hindus as a “minority” in the state as it goes by the Centre’s national list of minorities, according to an affidavit filed by the PDP-BJP coalition government in the Supreme Court last week.

Jammu and Kashmir chief minister Mehbooba Mufti pours milk into a sacred pond during the annual Hindu festival at the Kheer Bhawani Temple at Tullamulla Ganderbal, some 28 Km northeast of Srinagar, in June 2017.

pc: Ht

The state government told the top court that benefits of Central schemes would only be extended to “meritorious” and “needy” members of those communities that are notified by the Centre, suggesting that members of the Hindu committee would not be eligible.

The J&K affidavit referred to a Central government notification of 1993 that lists Muslims as a minority. The other minority groups, as per the document, are Sikhs, Christians, Buddhists and Zoroastrians. In 2014, the Jain community was added to this list. Continue reading

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CLEAN­UP Committee that sealed properties 10 years ago could be revived: SC

NEWDELHI: The Supreme Court on Wednesday said it could consider reviving its monitoring committee that had sealed thousands of illegal commercial establishments in Delhi a decade ago.

The top court also asked the Centre to respond to its proposal to restore the sealing powers to the monitoring committee, a move prompted by the failure of civic authorities to stop rampant unauthorised construction and misuse of residential premises.

“We cannot let Delhi go the way other cities are going and let it flood when there are heavy rains. Unauthorised construction takes a toll on the environment and affects sewage, parking and waste management,” a bench headed by Justice MB Lokur said.

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lower court judges required to clear the backlog of cases

NEW DELHI: The Centre has asked the second national judicial pay commission, which was notified in November, to find out the number of lower court judges required to clear the backlog of cases.

The higher judiciary and the executive have been at variance over the exact strength of the subordinate judiciary. Currently, India has less than 22,000 sanctioned posts for judicial officers in the lower judiciary, of which nearly 5,000 are vacant.

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A women who converted Hinduism to Islam is now free from parental custody

NEW DELHI: The Supreme Court on Monday asked Hadiya, a 24-year old woman from Kerala who converted from Hinduism to Islam, to return to a homeopathy college in Salem to complete her studies, freeing her from the custody of her parents.

A bench led by Chief Justice of India Dipak Misra, however, didn’t say anything on her husband Shafin Jahan’s plea against a Kerala high court order annulling their marriage. The matter, which has come to be known as the “love jihad” case and has a bearing on inter-religious marriages and a woman’s right to choose her partner, will now be heard in January. Continue reading

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‘Behave like a good child and pay up’- Govt. to Jaypee

The Union government has asked the Uttar Pradesh government to implead itself in the ongoing case in the Supreme Court regarding real estate developer Jaypee Infratech’s bankruptcy on the grounds that the real estate developer flouted the new Real Estate (Regulation and Development) Act — a move that could make life tougher for the already embattled firm.
Separately, on Wednesday, the Supreme Court barred 13 promoters and directors of Jaypee Infratech’s parent Jaiprakash Associates from selling their properties although it allowed them to deposit the ₹2,000 crore they had been asked to, in instalments. Continue reading

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Speed up the cases of politicians, says SC

NEWDELHI: The Supreme Court on Wednesday gave the Centre six weeks to come up with a scheme for setting up special courts for speedy trial of lawmakers  or politicians facing criminal charges, saying “this is in the interest of the nation”.

The court also sought the status of the 1,581 criminal cases mentioned in poll affidavits by the candidates in 2014, when elections were held for the Lok Sabha and eight state assemblies.

“In the interest of the nation, trials in such cases must end within a year,” a bench led by justice Ranjan Gogoi said, asking the Centre to specify the money it would set aside for such courts.

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SC asks govt – why judges are not being appointed

NEW DELHI: The Supreme Court asked the government’s top law officer on Friday to explain the delay in finalising a new procedure to appoint judges.

The Supreme Court and the government have been at fight over how to appoint judges, one of several areas of divergence between the two, the most recent being the judiciary’s stand over the dismissal of state governments and the right to privacy.

In 2015, the top court struck down a law the government brought — the National Judicial Appointments Commission (NJAC) Act — to end a more than 20-year-old practice, unique to India, of judges appointing judges under a collegium system. Continue reading

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