[Sabarimala Reference] "Lay Down The Law Only When Facts Come In": Fali Nariman Tells Nine Judge Bench
4 years, 11 months ago

[Sabarimala Reference] "Lay Down The Law Only When Facts Come In": Fali Nariman Tells Nine Judge Bench

Live Law  

After a marathon hearing session which lasted for the entire court hours on Thursday, the 9-judge bench of the Supreme Court constituted to answer the questions mentioned in the Sabarimala review reserved orders on the preliminary issue whether a reference is possible in a review petition. "Whether this Court can refer questions of law to a larger bench in a review petition?" "But that bench was in fact hearing the review only and it was in the order in the review that they decided to make a reference", noted CJ Bobde. CJ Bobde agreed that there cannot be a constitution of a bench by a judicial order, stating, "You may make an alternative argument that the reference was not made in the review. "If the matter has already come up for hearing before a Bench of larger quorum and that Bench itself feels that the view of the law taken by a Bench of lesser quorum, which view is in doubt, needs correction or reconsideration then by way of exception and for reasons it may proceed to hear the case and examine the correctness of the previous decision in question dispensing with the need of a specific reference or the order of Chief Justice constituting the Bench and such listing", he quoted from the 2004 apex court decision in Central Board of Dawoodi Bohra Community v. State of Maharashtra.

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History of this topic

Shiv Sena Rift : Supreme Court Defers Decision On Larger Bench Reference, To Hear On Merits From Feb 21
1 year, 10 months ago

Shiv Sena Rift : Supreme Court Defers Decision On Larger Bench Reference, To Hear On Merits From Feb 21

Live Law  

In the cases related to rift within Shiv Sena, a 5-judge of the Constitution Bench on Friday observed that it will decide the plea for reference to a larger bench after hearing the merits of the matter.The plea for reference is made by the Uddhav Thackeray side to revisit the correctness of the Constitution Bench judgment in Nabam Rebia vs …

Excommunication Among Dawoodi Bohras: Supreme Court Refers to Nine-Judge Sabarimala Bench
1 year, 11 months ago

Excommunication Among Dawoodi Bohras: Supreme Court Refers to Nine-Judge Sabarimala Bench

Live Law  

A Constitution Bench of the Supreme Court on Friday referred the question of the validity of the practice of excommunication prevalent among the Dawoodi Bohras, to a nine-Judge Bench constituted to review the ‘first Sabarimala judgement’. We, therefore, request the Chief Justice of India to tag this matter to be heard by the nine-judge bench.” Background The practice of excommunication …

Challenge Against Excommunication Among Dawoodi Bohras: Supreme Court Reserves Order On Reference To Larger Bench
2 years, 2 months ago

Challenge Against Excommunication Among Dawoodi Bohras: Supreme Court Reserves Order On Reference To Larger Bench

Live Law  

A Constitution Bench of the Supreme Court on Tuesday reserved its order on whether to refer to larger bench a petition pending from 1986 challenging the validity of the practice of excommunication among the Dawoodi Bohras.The 5-judge bench will decide on whether to refer the issue to the 9-judge bench in the Sabarimala review case which is considering the larger …

The Puzzling Dismissal Of Aadhaar Review Despite Pendency Of Larger Bench Reference On Money Bill Issue
3 years, 11 months ago

The Puzzling Dismissal Of Aadhaar Review Despite Pendency Of Larger Bench Reference On Money Bill Issue

Live Law  

The Supreme Court, by 4:1 majority, dismissed the review petitions challenging the Aadhaar verdict.The majority order, which starts by rejecting the prayer for open Court/personal hearing of Review Petition, is very brief and non-speaking. Justice DY Chandrachud, in his reasoned dissent, opined that the review petitions should be kept pending until the larger bench decides the questions referred to it …

Sabarimala Reference: SC Gives Reasons For Holding That Questions Of Law Can Be Referred To Larger Bench In Review [Read Order]
4 years, 7 months ago

Sabarimala Reference: SC Gives Reasons For Holding That Questions Of Law Can Be Referred To Larger Bench In Review [Read Order]

Live Law  

The Supreme Court has passed an order detailing the reasons for holding that it can refer questions of law to a larger bench in a review petition. Therefore, the limitations in Order XLVII, Rule 1 do not apply to review petitions filed against judgments or orders passed in Writ Petitions filed under Article 32 of the Constitution of India. It …

High Courts Are Not Precluded From Entertaining Writ Petitions Even If There Are Disputed Questions Of Facts: SC [Read Judgment]
4 years, 10 months ago

High Courts Are Not Precluded From Entertaining Writ Petitions Even If There Are Disputed Questions Of Facts: SC [Read Judgment]

Live Law  

The Supreme Court has observed that a High Court is not precluded from entertaining a writ petition under Article 226 of the Constitution of India even if there are disputed questions of fact which fall for consideration but if they do not require elaborate evidence to be adduced. The bench of CJI SA Bobde, Justices BR Gavai and Surya Kant, …

Sabarimala case: Supreme Court upholds referring religious questions to larger Bench, frames 7 questions of law
4 years, 11 months ago

Sabarimala case: Supreme Court upholds referring religious questions to larger Bench, frames 7 questions of law

The Hindu  

A nine-judge Constitution Bench of the Supreme Court on Monday upheld the decision of the Sabarimala Review Bench to refer to a larger Bench questions on the ambit and scope of religious freedom practised by multiple faiths across the country. The nine-judge Bench, led by Chief Justice of India S.A. Bobde, said a Bench engaged in the review of a …

[Breaking] Sabarimala Reference : SC Holds That Questions Of Law Can Be Referred To Larger Bench In Review [Read Order]
4 years, 11 months ago

[Breaking] Sabarimala Reference : SC Holds That Questions Of Law Can Be Referred To Larger Bench In Review [Read Order]

Live Law  

The 9-judge bench of the Supreme Court has held that a bench can refer questions of law to larger bench even in review jurisdiction.The bench led by CJI SA Bobde has framed seven issues for the consideration in the case.The bench has not given reasons for it conclusion. The order states "For reasons to follow, we hold that this Court …

Sabarimala case: SC says it can refer questions of law to larger bench
4 years, 11 months ago

Sabarimala case: SC says it can refer questions of law to larger bench

India Today  

The Supreme Court on Monday held that its five-judge bench can refer questions of law to a larger bench while exercising its limited power under review jurisdiction in the Sabarimala case. A bench headed by Chief Justice SA Bobde framed seven questions to be heard by a nine-judge Constitutional bench on issues relating to freedom of religion under the Constitution …

[Sabarimala Reference] Court Has Not Prejudicially Affected Anyone's Rights By Making The Reference : CJI Bobde
4 years, 11 months ago

[Sabarimala Reference] Court Has Not Prejudicially Affected Anyone's Rights By Making The Reference : CJI Bobde

Live Law  

During the hearing of the maintainability of Sabarimala reference before the 9-judges bench, CJI SA Bobde, heading the bench, commented that by making a reference, the Court has not 'prejudicially affected anybody's rights'. "Your Lordships may either decline the reference, or de-tag the review from the writ petitions and decide the review in accordance with the law and then place …

Sabarimala review case: Supreme Court reserves order on issue of reference of question of law to larger Bench
4 years, 11 months ago

Sabarimala review case: Supreme Court reserves order on issue of reference of question of law to larger Bench

The Hindu  

The Kerala government on Thursday objected to the Supreme Court keeping the Sabarimala review case in limbo till a nine-judge Bench is done examining questions referred to it on the constitutionality of essential religious practices followed by multiple faiths. The Kerala government, represented by senior advocate Jaideep Gupta, contended that the Review Bench could not have made the November 14 …

Sabarimala Reference : 9-Judge Bench Reserves Order On Maintainability Of Reference In Review; Verdict On Feb 10
4 years, 11 months ago

Sabarimala Reference : 9-Judge Bench Reserves Order On Maintainability Of Reference In Review; Verdict On Feb 10

Live Law  

After a marathon hearing session which lasted for the entire court hours on Thursday, the 9-judge bench of the Supreme Court constituted to answer the questions mentioned in the Sabarimala review reserved orders on the preliminary issue whether a reference is possible in a review petition. Therefore, the review jurisdiction cannot be invoked to refer to larger bench certain questions …

Sabarimala: SC reserves order on whether it can refer question of law to larger bench in review jurisdiction
4 years, 11 months ago

Sabarimala: SC reserves order on whether it can refer question of law to larger bench in review jurisdiction

India Today  

A nine-judge Constitution bench of the Supreme Court Thursday reserved order on the legal issue of whether the top court can refer questions of law to a larger bench while exercising its review jurisdiction. A bench headed by Chief Justice S A Bobde said it will pronounce the order on February 10 and will accord day-to-day hearing from February 12. …

[Article 370] [Day-6] Conflict Between Two Judgments: SC Reserves Order On Reference To Seven Judge Bench
4 years, 11 months ago

[Article 370] [Day-6] Conflict Between Two Judgments: SC Reserves Order On Reference To Seven Judge Bench

Live Law  

The Constitution Bench of the Supreme Court of India comprising of Justices N.V. Ramana, Sanjay Kishan Kaul, R. Subhash Reddy, B.R. Gavai and Surya Kant, resumed hearing the petitions challenging the abrogation of the special of Jammu and Kashmir under Article 370 of the Constitution of India, and the Jammu and Kashmir Reorganisation Act, 2019. Shah, appearing on behalf of …

Sabarimala Reference : 'Questions Are Academic, Broad, Need Fine Tuning', Lawyers Tell SC [Court Room Exchange]
4 years, 11 months ago

Sabarimala Reference : 'Questions Are Academic, Broad, Need Fine Tuning', Lawyers Tell SC [Court Room Exchange]

Live Law  

The much-awaited 9 judge bench hearing on the reference in the Sabarimala review opened to a packed courtroom with Chief Justice S. A. Bobde stating at the outset, "We are not hearing the review. Indicating the November 14 reference order of the five-judge bench which heard the Sabarimala review, it was pointed out on behalf of the original petitioners, "There …

Sabarimala case: SC tells opposing lawyers to meet on 17 January to decide on issues related to discrimination against women to be deliberated
4 years, 11 months ago

Sabarimala case: SC tells opposing lawyers to meet on 17 January to decide on issues related to discrimination against women to be deliberated

Firstpost  

The Supreme Court asked four senior lawyers to convene a meeting on 17 January to decide on the issues to be deliberated by it in the matter relating to discrimination against women in various religions and at religious places including Kerala’s Sabarimala Temple New Delhi: The Supreme Court on Monday asked four senior lawyers to convene a meeting on 17 …

Sabarimala verdict opens new avenues for protection of customs, say lawyers for review petitioners
5 years, 1 month ago

Sabarimala verdict opens new avenues for protection of customs, say lawyers for review petitioners

India TV News  

Lawyers who appeared on behalf of review petitioners in the Sabarimala case have called the Supreme Court's decision on Thursday to refer the matter to a larger bench as "absolutely right" and said it would open new avenues for the litigants who argued for protection and preservation of customs. In a 3:2 majority verdict, the apex court referred to a …

[Sabarimala] Courts Should Tread Cautiously While Dealing With Religious Issues: Read The Issues Referred To Larger Bench [Read Judgment]
5 years, 1 month ago

[Sabarimala] Courts Should Tread Cautiously While Dealing With Religious Issues: Read The Issues Referred To Larger Bench [Read Judgment]

Live Law  

While referring the Sabarimala case to larger bench, the majority judges observed that the matters involving the interpretation of the provisions of the Constitution touching upon the right to profess, practise and propagate its own religion,should be heard by a larger bench, for an authoritative pronouncement in these matters. The order further said: The decision of the Seven Judges bench …

Sabarimala case: Centre says SC ‘custodian of fundamental rights’, can constitute larger bench to settle question of gender discrimination at religious places
5 years, 11 months ago

Sabarimala case: Centre says SC ‘custodian of fundamental rights’, can constitute larger bench to settle question of gender discrimination at religious places

Firstpost  

Sabarimala case: A nine-judge Constitution bench of the Supreme Court began deliberations on the legal issue of whether the top court can refer questions of law to a larger bench while exercising its review jurisdiction New Delhi: A nine-judge Constitution bench of the Supreme Court Thursday began deliberations on the legal issue of whether the top court can refer questions …

Sabarimala : "Be Present When Review Is Heard", SC Tells Lawyer Who Mentioned Contempt Petition Against Temple Priest
5 years, 11 months ago

Sabarimala : "Be Present When Review Is Heard", SC Tells Lawyer Who Mentioned Contempt Petition Against Temple Priest

Live Law  

When the contempt petition filed against the Thanthri of Sabarimala temple was mentioned today morning before the bench of the CJI, he said " Be present here when the review is heard. There are 54 matters".This indicates that the Constitution Bench hearing the review petitions against Sabarimala judgment is likely to consider the contempt petition against the Thanthri. This indicates …

SC Constitution Bench To Hear Sabarimala Review Petitions On 6th February
5 years, 11 months ago

SC Constitution Bench To Hear Sabarimala Review Petitions On 6th February

Live Law  

The Constitution bench of the Supreme Court will hear review petitions filed in Sabarimala case on 6th February, 2019, the registry has notified today. On November 13 last year, a bench of Chief Justice Gogoi and Justices R. F. Nariman, A. M. Khanwilkar, D. Y. Chandrachud and Indu Malhotra, while refraining from staying the impugned decision, had agreed to hear …

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