Tag Archives: supreme court

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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SC may modify the order National anthem in Cinema Halls

The Supreme Court on Monday asked the Centre to consider amending the national flag code for regulating the playing of national anthem in cinema halls across the country.

A bench including Chief Justice Dipak Misra and others said the Centre has to take a call uninfluenced by its earlier order on the playing of national anthem in the theatres. Continue reading

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India’s new chief justice-Dipak Misra

Justice Dipak Misra took oath as India 45th Chief Justice on Monday following the retirement JS Khehar a day earlier.

At a brief ceremony in the Darbar Hall of Rashtrapati Bhawan, President Ramnath Kovind administered the oath of office to Justice Misra took the oath in English. Continue reading

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“Right to Privacy” is now a Fundamental Right

NEW DELHI: The Supreme Court’s declaration that citizens have a ‘right to be left alone’ is a huge milestone in the history of the Indian Republic and civil rights.

The court has ruled that citizens have a fundamental  right to privacy.

The court has not elaborated the  “privacy” word – it has given an illustrative example as to what privacy means. It said privacy includes at its core the preservation of personal intimacies, the sanctity of family life, marriage, procreation, the home and sexual orientation. By doing so, the court has affirmed an unwritten and ambiguous right, though recognised internationally as a fundamental human right.  Continue reading

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All about “Right to Privacy” in India

Right to Privacy:

Right to privacy is one such right which has come to its existence after widening up the dimensions of Article 21. The constitution in specific doesn’t grant any right to privacy as such. However, such a right has been culled by the Supreme Court from Art. 21 and several other provisions of the constitution read with the Directive Principles of State Policy.

Article 21 of the Constitution of India states that “No person shall be deprived of his life or personal liberty except according to procedure established by law”. Continue reading

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