Constitution Bench of Apex Court refuses to revisit scope of Article 136
9 years, 2 months ago

Constitution Bench of Apex Court refuses to revisit scope of Article 136

Live Law  

A Five Judge Constitution Bench of the Supreme Court on Monday refused to revisit the scope of Article 136 of the Constitution of India or lay down guidelines regulating the power.The bench, comprising Justice Anil Dave, Justice Kurian Joseph, Justice A.K. A Five Judge Constitution Bench of the Supreme Court on Monday refused to revisit the scope of Article 136 of the Constitution of India or lay down guidelines regulating the power. Consequently, the arrears in this Court are mounting and mounting and this Court has been converted practically into an ordinary appellate Court which, in our opinion, was never the intention of Article 136 of the Constitution.” “In our opinion, now the time has come when it should be decided by a Constitution Bench of this Court as to in what kind of cases special leave petitions should be entertained under Article 136 of the Constitution,” it had said. The Court had opined that broad guidelines needed to be laid down by the Constitution Bench, otherwise, it observed, “this Court will be flooded with all kind of special leave petitions even frivolous ones and the arrears in this Court will keep mounting and a time will come when the functioning of this Court will become impossible.” While hearing the case in 2010, Senior Advocate K.K.

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History of this topic

2024 Round-Up| Constitution Bench Decisions Of Supreme Court
3 months ago

2024 Round-Up| Constitution Bench Decisions Of Supreme Court

Live Law  

The Supreme Court in 2024 held several Constitution Benches to resolve crucial and long pending issues with nationwide socio-legal ramifications. State's Power To Tax Mineral Rights In Mineral Area Development Authority v. M/S Steel Authority Of India & Ors, the Supreme Court held by an 8:1 majority that States have the power to levy tax on mineral rights and that …

Article 227 Should Not Be Wielded Mechanically, Interference Must Be Restricted To Cases With Grave Legal Violations: J&K High Court
6 months, 3 weeks ago

Article 227 Should Not Be Wielded Mechanically, Interference Must Be Restricted To Cases With Grave Legal Violations: J&K High Court

Live Law  

Underlining the judicious exercise of powers under Article 227 of the Constitution of India the Jammu and Kashmir and Ladakh High Court has emphasized that such powers should not be wielded mechanically. Court's Observations: Reiterating that the supervisory jurisdiction under Article 227 is not to be used as a substitute for an appeal but rather as a corrective measure to …

'Ignoring Precedent A Material Error' : Supreme Court Recalls Its 2022 Verdict For Not Considering Constitution Bench Judgment
10 months ago

'Ignoring Precedent A Material Error' : Supreme Court Recalls Its 2022 Verdict For Not Considering Constitution Bench Judgment

Live Law  

The Supreme Court on May 16 recalled an earlier judgment passed it in 2022 after noting that a precedent laid down by the Constitution Bench was not applied in it.Reiterating the position of law laid down by the Five Judge Constitution Bench in Bhagat Ram & others vs. State of Punjab & others, the Court observed that if there exists …

Permanent Constitution Bench & Specialised Divisions In Supreme Court Can Help Growth Of Consistent Jurisprudence : Gautam Bhatia
1 year ago

Permanent Constitution Bench & Specialised Divisions In Supreme Court Can Help Growth Of Consistent Jurisprudence : Gautam Bhatia

Live Law  

During the seminar hosted by Campaign for Judicial Accountability and Reforms at the Indian Society of International Law, New Delhi, Advocate and constitutional law scholar Gautam Bhatia proposed that the Supreme Court should have specialized Divisions for dealing with diverse cases so that present limitations and issues may be addressed, as well. During the seminar hosted by Campaign for Judicial …

Bar Of Limitation Can't Be Avoided By Resorting To Article 136 When Statutory Appeal Available: Supreme Court
1 year, 2 months ago

Bar Of Limitation Can't Be Avoided By Resorting To Article 136 When Statutory Appeal Available: Supreme Court

Live Law  

A Special Leave Petition filed against an order passed by National Company Law Appellate Tribunal, Chennai was dismissed yesterday by a three-Judge Bench of the Supreme Court comprising Chief Justice DY Chandrachud, Justice JB Pardiwala and Justice Manoj Misra. Pertinently, the Bench made an observation that a bar of limitation cannot be obviated or circumvented by taking recourse of proceedings …

Supreme Court Refers Sedition Law Challenge To Larger Bench
1 year, 6 months ago

Supreme Court Refers Sedition Law Challenge To Larger Bench

Live Law  

The Supreme Court on Tuesday referred the petitions challenging the sedition law to a bench of at least 5-judges.A three-judge bench led by Chief Justice of India DY Chandrachud said that a reference to a larger bench was needed as the provision was upheld by a 5-judge bench in the 1962 judgment Kedar Nath Singh v. State of Bihar. A …

Article 370 | 'Self Governance Better, No Constitutional Logic In Denying J&K Statehood': Petitioners Tell Supreme Court On Final Day
1 year, 6 months ago

Article 370 | 'Self Governance Better, No Constitutional Logic In Denying J&K Statehood': Petitioners Tell Supreme Court On Final Day

Live Law  

Yesterday marked the final day of arguments in the long-pending case challenging the Union Government's 2019 decision to repeal the special status of Jammu and Kashmir under Article 370 of the Constitution, with the Supreme Court reserving its judgement in the matter. Constitution Of India Recognises Constitution Of J&K: Senior Advocate Gopal Subramanium Senior Advocate Gopal Subramanium, in his arguments …

New Constitution Bench In Supreme Court To Hear Issues Related To Assam NRC, Reservations In Legislative Assemblies, Immunity For MPs/MLAs In Bribery Cases
1 year, 6 months ago

New Constitution Bench In Supreme Court To Hear Issues Related To Assam NRC, Reservations In Legislative Assemblies, Immunity For MPs/MLAs In Bribery Cases

Live Law  

As per a recent notification, a Constitution bench of the Supreme Court will commence hearing three cases of immense constitution significance. The bench will comprise CJI DY Chandrachud along with Justices AS Bopanna, MM Sundresh, JB Pardiwala, and Manoj Mishra and will take up Assam Public Works v. Union of India, Ashok Kumar Jain v. Union of India, and Sita …

Supreme Court hearing on Article 370 abrogation | Day 16
1 year, 6 months ago

Supreme Court hearing on Article 370 abrogation | Day 16

The Hindu  

The Supreme Court on Tuesday reserved verdict in the challenge to the abrogation of Article 370 of the Constitution, which gave special privileges to the state of Jammu and Kashmir. They also pointed out that the 2019 Act is unconstitutional since Article 3 does not give the Parliament powers to downgrade federal democratic States into a less representative form such …

Article 370: Can federating unit’s constitution be superior to that of the Union, asks SC
1 year, 7 months ago

Article 370: Can federating unit’s constitution be superior to that of the Union, asks SC

Hindustan Times  

New Delhi The Supreme Court on Wednesday asked as to how the constitution of a federating unit can be superior to the constitution of the Union, or have an overriding effect on the latter, as it pointed out that Article 370 of the Indian Constitution clearly has a “self-limiting character”, giving the President the authority to abrogate it through a …

Article 370 abrogation case | The Hindu’s detailed coverage
1 year, 7 months ago

Article 370 abrogation case | The Hindu’s detailed coverage

The Hindu  

August 19, 2023 08:44 pm | Updated December 20, 2023 01:58 am IST A Constitution Bench headed by Chief Justice of India D.Y. The key questions of law raised in the proceedings are — whether the status of J&K had not become permanent after the Constituent Assembly refrained from taking any decision on Article 370 before its dissolution in 1957; …

Supreme Court hearing on Article 370 abrogation | Day 5
1 year, 7 months ago

Supreme Court hearing on Article 370 abrogation | Day 5

The Hindu  

The Chief Justice of India D.Y. Chandrachud while heading a Constitution Bench observed on August 10 that the sovereignty of Jammu and Kashmir was ceded completely to the Union of India after its accession and that fetters on the powers of the Parliament to legislate on certain subjects do not affect the Union’s sovereignty over J&K. The Bench is hearing …

Supreme Court hearing on Article 370 abrogation | Day 4
1 year, 7 months ago

Supreme Court hearing on Article 370 abrogation | Day 4

The Hindu  

Senior advocate Gopal Subramanium on August 9 apprised a Constitution Bench headed by Chief Justice of India D.Y. Chandrachud that the Jammu and Kashmir Constituent Assembly did not intend for Article 370 to be abrogated and that it had envisioned for the Constitution of India to apply to J&K with modifications and exceptions. During the hearing, CJI Chandrachud also enquired …

Supreme Court hearing on Article 370 abrogation | Day 3
1 year, 7 months ago

Supreme Court hearing on Article 370 abrogation | Day 3

The Hindu  

Senior advocate Kapil Sibal on August 8 apprised a Constitution Bench headed by Chief Justice of India D.Y. Gavai, and Surya Kant, has been adjudicating upon a batch of petitions challenging the abrogation of Article 370 of the Constitution that bestowed special status on the erstwhile State of Jammu and Kashmir. The court on August 3 asked whether Article 370, …

Supreme Court Monthly Round-Up: July 2023
1 year, 7 months ago

Supreme Court Monthly Round-Up: July 2023

Live Law  

Judgment/Orders Supreme Court Grants Interim Protection To Teesta Setalvad For 7 Days ; Stays HC Order After Special Night Sitting Case title- Teesta Atul Setalvad v. State of Gujarat Citation-SLP Diary No. Order 41 Rule 22 CPC - Cross Objections Have All Trappings Of Regular Appeal ; Must Be Considered In Full : Supreme Court Case title: Dheeraj Singh vs …

Supreme Court hearing on Article 370 abrogation | Day 2
1 year, 7 months ago

Supreme Court hearing on Article 370 abrogation | Day 2

The Hindu  

Senior advocate Kapil Sibal on August 3 argued before the Supreme Court that the Legislature did not have the power to recommend the abrogation of Article 370 as per the provisions of the Jammu & Kashmir Constitution. During the hearing on August 2, Chief Justice of India D.Y Chandrachud enquired as to whether Article 370 was a provision in the …

Supreme Court’s Constitution Bench to take up petitions challenging abrogation of special status under Article 370 on July 11
1 year, 8 months ago

Supreme Court’s Constitution Bench to take up petitions challenging abrogation of special status under Article 370 on July 11

The Hindu  

A Constitution Bench led by Chief Justice of India D.Y. Chandrachud will take up on July 11 a series of petitions challenging the dilution of Article 370 of the Constitution, which deprived Jammu and Kashmir of its special privileges and led to the bifurcation of the State in 2019. The Parliament was not consulted when the President incorporated Article 35A …

SC Constitution Bench Begins Final Hearing of Petitions on Same-sex Marriage; Explaining The Legal Lexicon
1 year, 11 months ago

SC Constitution Bench Begins Final Hearing of Petitions on Same-sex Marriage; Explaining The Legal Lexicon

News 18  

A Constitution bench of the Supreme Court comprising Chief Justice of India Dhananjaya Y Chandrachud, and justices Sanjay Kishan Kaul, S Ravindra Bhat, PS Narasimha, and Hima Kohli on Tuesday began the final hearing of a bunch of petitions seeking to legalise same-sex marriage. The apex court in its order referring the petitions to the Constitution bench stated: “Having due …

Constitution Bench formed in same-sex marriage case
1 year, 11 months ago

Constitution Bench formed in same-sex marriage case

The Hindu  

The Supreme Court on April 15, 2023 announced the formation of a new Constitution Bench headed by Chief Justice of India DY Chandrachud to hear a series of petitions seeking legal recognition of same sex marriages. In the previous hearing, the Chief Justice had taken care to soothe the government’s anxiety about how same sex unions may “affect” the Indian …

5-judge Constitution Bench to decide if same-sex marriages can be legal
2 years ago

5-judge Constitution Bench to decide if same-sex marriages can be legal

The Hindu  

A Bench led by Chief Justice of India D.Y. Supreme Court directs Defence Ministry to file note on arrears due under One Rank One Pension scheme The Supreme Court on Monday directed the Ministry of Defence to file a three-page note specifying the exact quantum of arrears due to be paid under the One Rank One Pension scheme, while noting …

Supreme Court's Credibility "SkyHigh", Can't Be Eroded By Individuals' Statements: Bombay HC On Dismissing PIL Against Law Minister & Vice President
2 years, 1 month ago

Supreme Court's Credibility "SkyHigh", Can't Be Eroded By Individuals' Statements: Bombay HC On Dismissing PIL Against Law Minister & Vice President

Live Law  

"The credibility of the Hon’ble Supreme Court of India is sky-high. It cannot be eroded or impinged by the statements of individuals," the Bombay High Court said in a detailed order dismissing the PIL against the Vice President Jagdeep Dhankhar and Law Minister Kiren Rijiju. Petitioner - the Bombay Lawyers Association sought to restrain them from discharging their duties claiming …

Constitution Bench to hear Shiv Sena factional dispute on February 14
2 years, 2 months ago

Constitution Bench to hear Shiv Sena factional dispute on February 14

The Hindu  

A five-judge Bench of the Supreme Court on Tuesday, January 10, 2023, said it will start hearing from February 14 the political battle between Uddhav Thackeray and Maharashtra Chief Minister Eknath Shinde over the “real” Shiv Sena. Lawyers had argued that the three-judge Bench raised “important constitutional questions relating to interpretation of Schedule 10 of the Constitution pertaining to disqualification, …

Supreme Court Constitution Bench Judgments Of 2022
2 years, 3 months ago

Supreme Court Constitution Bench Judgments Of 2022

Live Law  

There were four judgments/orders of the Constitution Bench in the year 2022. Supreme Court upholds 10% reservations for Economically Weaker Sections The bench comprising Chief Justice of India Justice UU Lalit, Justices Dinesh Maheshwari, S Ravindra Bhat, Bela M Trivedi and JB Pardiwala upheld the validity of the 103rd Constitutional Amendment which introduced 10% reservation for Economically Weaker Sections in …

Supreme Court Constitution bench to hear on 9 November plea related to Delhi-Centre row over control of services
2 years, 5 months ago

Supreme Court Constitution bench to hear on 9 November plea related to Delhi-Centre row over control of services

Firstpost  

New Delhi: The Supreme Court on Tuesday said a five-judge Constitution bench would hear on November 9 the legal issue concerning the scope of legislative and executive powers of the Centre and Delhi government over control of services in the national capital. Earlier, the apex court on 22 August had said that a Constitution bench headed by Justice Chandrachud has …

Delhi Govt vs LG : Supreme Court Constitution Bench To Tentatively Start Hearing On October 11
2 years, 6 months ago

Delhi Govt vs LG : Supreme Court Constitution Bench To Tentatively Start Hearing On October 11

Live Law  

A Constitution Bench of the Supreme Court, on Wednesday, fixed October 11, 2022 as the tentative date for starting the hearing in dispute between the Delhi Government and the Union Government regarding the control of administrative services in the national capital. In the legal dispute between the Delhi Government and the Central Government, a 3-Judge Bench led by the CJI, …

SC's Constitution bench to hear Delhi vs Centre dispute on control of services on September 7
2 years, 6 months ago

SC's Constitution bench to hear Delhi vs Centre dispute on control of services on September 7

India Today  

A Constitution bench of the Supreme Court will on September 7 hear the dispute between the Delhi and the Central government in relation to control over administrative services in the national capital. In May this year, a three-judge bench headed by former Chief Justice of India NV Ramana had referred limited questions in the case to a constitution bench. The …

Supreme Court Lists 25 Constitution Bench Matters From August 29, After Justice Lalit Takes Over As CJI
2 years, 6 months ago

Supreme Court Lists 25 Constitution Bench Matters From August 29, After Justice Lalit Takes Over As CJI

Live Law  

From August 29 onwards, 25 five-judge matters will be listed before concerned benches.The matters are not listed for substantive hearing but for directions related to the completion of filings, indication of tentative time to be taken by lawyers for arguments etc.The cases include the challenge to the Constitution, 25 five-judge matters will be listed before concerned benches. The matters are …

'Nabam Rebia Decision's Reasoning Prima Facie Contradictory' : Read Issues Referred To Supreme Court Constitution Bench In Shiv Sena Dispute
2 years, 7 months ago

'Nabam Rebia Decision's Reasoning Prima Facie Contradictory' : Read Issues Referred To Supreme Court Constitution Bench In Shiv Sena Dispute

Live Law  

The Supreme Court bench comprising Chief Justice N.V. Ramana, Justice Hima Kohli and Justice Krishna Murari has referred the dispute between Uddhav Thackeray and Eknath Shinde factions of Shiv Sena to be decided by a Constitution Bench. The bench was hearing the following petitions related to the crisis: Petition preferred by rebel Shiv Sena leader Eknath Shinde challenging the disqualification …

[Delhi Govt vs LG] Justice DY Chandrachud Led Constitution Bench To Hear The Issue Of Control Of Services
2 years, 7 months ago

[Delhi Govt vs LG] Justice DY Chandrachud Led Constitution Bench To Hear The Issue Of Control Of Services

Live Law  

The Chief Justice Of India, NV Ramana today said that he has constituted a bench led by Justice DY Chandrachud to decide upon the questions pertaining to the legal dispute between the Delhi Government and the Central Government regarding the control over administrative services in the national capital.A 3-judge bench of the Supreme Court had in May 2022, referred the …

Scope Of Interference In Criminal Appeal By Special Leave Under Article 136 Of Constitution : Supreme Court Explains
2 years, 8 months ago

Scope Of Interference In Criminal Appeal By Special Leave Under Article 136 Of Constitution : Supreme Court Explains

Live Law  

In a judgment dismissing a criminal appeal, the Supreme Court explained the scope of criminal appeals by special leave under Article 136 of the Constitution of India.The power under Article 136 is exercisable only when this Court is satisfied that it is necessary to interfere in order to prevent grave or serious miscarriage of justice, the court said. Referring to …

Sedition law need not be revisited, government tells Supreme Court
2 years, 10 months ago

Sedition law need not be revisited, government tells Supreme Court

The Hindu  

A 1962 Constitution Bench judgment of the Supreme Court, which upheld the validity of the sedition law, “must be treated as a binding precedent” that has withstood the test of time, the Centre told the Supreme Court in a written note on Saturday. The note by the government, settled by Solicitor General Tushar Mehta and drafted by the Centre’s panel …

Supreme Court reserves order on power tussle between Delhi govt vs Centre
2 years, 10 months ago

Supreme Court reserves order on power tussle between Delhi govt vs Centre

India Today  

The Supreme Court on Thursday reserved its orders on the Centre’s petition to refer to a larger Constitution Bench the dispute involving the Delhi Government and the Lieutenant Governor regarding control over services. A three-judge bench headed by Chief Justice of India N V Ramana said, “We are reserving our orders on the issue.” Senior advocate Dr Abhishek Manu Singhvi, …

Power Of Judicial Review Under Article 226 Is Basic Feature Of Constitution; Can't Be Curtailed By Any Legislation: Rajasthan High Court
3 years, 2 months ago

Power Of Judicial Review Under Article 226 Is Basic Feature Of Constitution; Can't Be Curtailed By Any Legislation: Rajasthan High Court

Live Law  

The Rajasthan High Court has reiterated that power of judicial review vested in High Courts under Article 226 of the Constitution of India is one of the basic features of the Constitution and any legislation cannot override or curtail such jurisdiction. Furthermore, the court observed that High Courts, while exercising their jurisdiction under Article 226, are duty bound to consider …

Article 136 Interference Not Called For Merely Because A Different View About High Court's Judgment Is Possible : Supreme Court
3 years, 4 months ago

Article 136 Interference Not Called For Merely Because A Different View About High Court's Judgment Is Possible : Supreme Court

Live Law  

The Supreme Court has reiterated that intervention under Article 136 of the Constitution is not called for merely because a different view about the High Court's judgment is possible.A bench comprising Justices Indira Banerjee and S Ravindra Bhat made this observation while dismissing an appeal challenging a judgment of the Kerala High Court in a case related to vesting of …

Direct Appeal HC Single Bench Orders Maintainable In Appropriate Cases : Supreme Court
3 years, 5 months ago

Direct Appeal HC Single Bench Orders Maintainable In Appropriate Cases : Supreme Court

Live Law  

The Supreme Court has reiterated that existence of alternate remedies is not an absolute bar against the exercise of discretion under Article 136 of the Constitution of India. Observing that the discretion under Article 136 is "flexible and sufficiently wide to correct glaring errors and injustices", the Supreme Court recently entertained a petition filed challenging a single bench order of. …

Debatable If Lower Courts Bound By Supreme Court Decision When Another SC Bench Refers It To A Larger Bench: Delhi High Court
3 years, 7 months ago

Debatable If Lower Courts Bound By Supreme Court Decision When Another SC Bench Refers It To A Larger Bench: Delhi High Court

Live Law  

The Delhi High Court recently remarked that once a Supreme Court Bench has doubted the correctness of an earlier bench of equal strength and referred the issue to a larger bench, the lower courts may not be bound to follow the earlier decision.Justice C. Hari Shankar opined so while hearing a petition filed under Section 11 of the Arbitration and …

'Law Can't Be Struck Down Merely For Being Contrary To Court's Guidelines': Justice Hemant Gupta's Dissent In Tribunals Case
3 years, 8 months ago

'Law Can't Be Struck Down Merely For Being Contrary To Court's Guidelines': Justice Hemant Gupta's Dissent In Tribunals Case

Live Law  

Justice Hemant Gupta, in his dissenting opinion in the Madras Bar Association case relating to the validity of Tribunals Reforms Ordinance 2021, observed that legislature is within its jurisdiction to determine the minimum eligibility age for the purpose of appointment as Tribunal members. The majority comprising Justices L Nageswara Rao and S Ravindra Bhat observed that this minimum age stipulation …

'Fundamental Rights Vs. Legislative Privileges' ; Reference Pending Before 7 Judge Bench Since 2005 Should Be Given Some Priority, Says Supreme Court
3 years, 8 months ago

'Fundamental Rights Vs. Legislative Privileges' ; Reference Pending Before 7 Judge Bench Since 2005 Should Be Given Some Priority, Says Supreme Court

Live Law  

The Supreme Court, in its judgment delivered on Thursday, observed that the reference which raises the issue of interplay of fundamental rights and parliamentary privileges, pending before 7-judge bench since 2005 needs to be given some priority.The larger issue of privileges vis-a-vis the right of free speech, silence, and privacy in the context of Part III of. The Supreme Court, …

Recording Of Reasons: Approach Of Article 136 Cannot Be Adopted While Deciding Petitions By The High Court Under Article 227 : Supreme Court
4 years, 1 month ago

Recording Of Reasons: Approach Of Article 136 Cannot Be Adopted While Deciding Petitions By The High Court Under Article 227 : Supreme Court

Live Law  

Supreme Court on Monday observed that the approach of Article 136 of the Constitution cannot be adopted while deciding petitions by the High Court under Article 227 of the Constitution of India. A Division Bench of Justice SK Kaul and Justice Hrishikesh Roy made the observation while hearing an appeal filed against order of the Madhya Pradesh High Court under …

SC Refers Maratha Quota Case To Larger Bench As It Involves Interpretation Of Constitution (102nd Amendment) Act, 2018 [Read Order]
4 years, 6 months ago

SC Refers Maratha Quota Case To Larger Bench As It Involves Interpretation Of Constitution (102nd Amendment) Act, 2018 [Read Order]

Live Law  

A three judge Bench of the Supreme Court has stayed the operation of the law enacted by the State of Maharashtra introducing Maratha Quota for admission in Educational Institutions and for appointments in the Public Services and posts, and has referred the issue to a Constitution Bench of 5 Judges as it involves interpretation of of the Constitution Act, 2018.Maratha …

The Constitution Bench Judgment In Mukesh Singh - A Sensible Retreat from Automatic Bias
4 years, 6 months ago

The Constitution Bench Judgment In Mukesh Singh - A Sensible Retreat from Automatic Bias

Live Law  

On 31.08.2020, a Constitution Bench of the Supreme Court delivered its unanimous verdict in Mukesh Singh v. State. A key reason for the Three Justices' Bench choosing the automatic bias rule was its mistaken finding that the existing legal position required accused persons to "demonstrate prejudice" and "bias be actually proved". A closer look at the older case law would …

SC Constitution Bench To Hold Its First 'Virtual' Sitting Tomorrow
4 years, 8 months ago

SC Constitution Bench To Hold Its First 'Virtual' Sitting Tomorrow

Live Law  

In a first, a five judge Constitution bench will hold a 'virtual sitting' tomorrow to hear a batch of cases which raises the issue whether the states can provide reservation to in-service candidates to PG Courses. The five judge bench comprising of Arun Mishra, Indira Banerjee, Vineet Saran, MR Shah and Aniruddha Bose would sit in 'Virtual Court no.3' at …

Coordinating Judgements: Ensuring Certainty In The Law
4 years, 8 months ago

Coordinating Judgements: Ensuring Certainty In The Law

Live Law  

Introduction On 19th June, a 3-judge bench of the Supreme Court headed by Justice Ashok Bhushan pronounced judgement in S. Kasi v. State through the Inspector of Police. The dissenting opinion of Justice Shantanagoudar expressed disagreement with the judgement in PMC but, did not go as far as to hold it to be per incuriam and stated that the only …

SC Extends Limitation For Filing In All Courts/Tribunals With Effect From March 15 Until Further Orders [Read Order]
5 years ago

SC Extends Limitation For Filing In All Courts/Tribunals With Effect From March 15 Until Further Orders [Read Order]

Live Law  

With the objective of reducing physical filings in courts and tribunals across the countries during the COVID-19 pandemic, the Supreme Court on Monday passed a general order extending the limitation, whether condonable or not, with effect from March 15, until further orders. "To obviate such difficulties and to ensure that lawyers/litigants do not have to come physically to file such …

Same Supreme Court bench to hear Article 370 plea
5 years ago

Same Supreme Court bench to hear Article 370 plea

Deccan Chronicle  

New Delhi: A five-judge Constitution bench of the Supreme Court will hear a batch of petitions challenging the abrogation of Article 370 of the Constitution and the bifurcation of Jammu and Kashmir into two Union Territories even as the court declined the plea to refer the matter to a larger seven-judge bench. A five-judge constitution bench headed by Justice N.V. …

SC on Article 370 abrogation: Apex court says 'five-judge bench competent to hear case', turns down pleas to move matter to larger bench
5 years ago

SC on Article 370 abrogation: Apex court says 'five-judge bench competent to hear case', turns down pleas to move matter to larger bench

Firstpost  

A number of petitions have been filed in the apex court against the abrogation of Article 370 including those of private individuals, lawyers, activists and political parties and they have also challenged the Jammu and Kashmir Reorganisation Act, 2019. @utkarsh_aanand with details pic.twitter.com/5O4D4iKqDT — News18 March 2, 2020 NGO People’s Union of Civil Liberties, Jammu and Kashmir High Court Bar …

SC refuses to refer Article 370 matter to larger seven-judge Bench
5 years ago

SC refuses to refer Article 370 matter to larger seven-judge Bench

The Hindu  

A five-judge Constitution Bench led by Justice N.V. Ramana on Monday declined a plea to refer to a larger Bench petitions challenging the abrogation of special status of Jammu and Kashmir under Article 370 of the Constitution. The 1959 one, Prem Nath Kaul versus State of Jammu and Kashmir, indicated that Article 370 was applicable only till the Jammu and …

[Breaking] Article 370 : No Need To Refer Pleas Challenging Repeal Of J&K Special Status To Larger Bench, Holds SC 5-Judge Bench
5 years ago

[Breaking] Article 370 : No Need To Refer Pleas Challenging Repeal Of J&K Special Status To Larger Bench, Holds SC 5-Judge Bench

Live Law  

The Supreme Court on Monday held that there was no need to refer to larger bench the petitions challenging the Presidential Orders issued under Article 370 on August 5 and 6 to repeal the special status of Jammu and Kashmir. A 5 judge bench comprising Justices N V Ramana, S K Kaul, Subhash Reddy, B R Gavai and Surya Kant …

SC urges rethink of Speaker's disqualification powers: Why plumping for 'impartial tribunal' to deal with political turncoats is no panacea
5 years, 1 month ago

SC urges rethink of Speaker's disqualification powers: Why plumping for 'impartial tribunal' to deal with political turncoats is no panacea

Firstpost  

Last week, the Supreme Court pronounced a significant judgment in relation to the Speaker’s power to disqualify members of the legislative Assembly on account of defection. On account of Shyamkumar’s defection, several petitions were filed before the Speaker of the Assembly seeking Shyamkumar’s disqualification under paragraph 2 of the Tenth Schedule, which in relevant part provides that “a member of …

[Article 370] [Day-6] Conflict Between Two Judgments: SC Reserves Order On Reference To Seven Judge Bench
5 years, 2 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 …

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