Articles for Complete Justice

'Unresolved Crimes Erode Public Trust In Institutions': Supreme Court Orders CBI Probe Into Death Of Manipuri Woman In Delhi In 2013
8 months, 3 weeks ago

'Unresolved Crimes Erode Public Trust In Institutions': Supreme Court Orders CBI Probe Into Death Of Manipuri Woman In Delhi In 2013

Live Law  

Recently, the Supreme Court held that the power of the constitutional courts to transfer the investigation to the CBI must be exercised sparingly and in exceptional circumstances, however, the constitutional courts aren't restrained to transferring the investigation to the CBI for doing complete justice and ensuring there is no violation of fundamental rights.Observing so, the Court. Recently, the Supreme Court …

Justice Delhi Investigation Court West Bengal Fundamental Rights Case
'Article 142 Doesn't Empower Court To Ignore Substantive Rights Of Litigants' : Supreme Court Issues Guidelines On Exercise Of Inherent Powers
9 months, 3 weeks ago

'Article 142 Doesn't Empower Court To Ignore Substantive Rights Of Litigants' : Supreme Court Issues Guidelines On Exercise Of Inherent Powers

Live Law  

While overturning the 2018 Asian Resurfacing judgment that mandated an automatic vacation of stay orders after six months, the Supreme Court issued crucial guidelines on the exercise of its powers under Article 142 of the Constitution. In yesterday's verdict, the Supreme Court, however, clarified that while this constitutional provision is designed to allow it to do complete justice, “it cannot …

Justice Supreme Court Constitution Court Orders Article This Court
Ayodhya Ram Mandir: A complete timeline of the journey leading to 'Pran Pratishtha'
11 months ago

Ayodhya Ram Mandir: A complete timeline of the journey leading to 'Pran Pratishtha'

New Indian Express  

March 21, 2017: SC says Ayodhya issue is highly sensitive, should be resolved out of court. Other members were Justice SA Bobde, Justice NV Ramanna, Justice UU Lalit and Justice DY Chandrachud Jan 10, 2019: Justice Lalit recuses as he had represented Kalyan Singh, one of the accused in Babri demolition, as a lawyer Jan 25, 2019: The bench is …

Justice Land Hearing Ram 2019 Mishra Justice S
HC tells police to complete probe in trespass case
1 year ago

HC tells police to complete probe in trespass case

Deccan Chronicle  

Hyderabad: Justice B. Vijaysen Reddy of the Telangana High Court directed the Amangal police to expeditiously complete investigation into the complaint pending before it. The judge heard counsel Rapolu Bhaskar in a writ plea filed by Varkala Yashwanth Reddy against the state police, the Cyberabad chief inspector and Amangal station house officer stating that though he had lodged a complaint …

Justice Court Case Petitioner
Marriage Considered 'Pious' In Indian Society: Divorce On Ground Of 'Irretrievable Breakdown Of Marriage' Not Always Desirable: Supreme Court
1 year, 2 months ago

Marriage Considered 'Pious' In Indian Society: Divorce On Ground Of 'Irretrievable Breakdown Of Marriage' Not Always Desirable: Supreme Court

Live Law  

The Supreme Court on Tuesday held that it can exercise its discretion under the inherent powers under Article 142 of the Constitution of India for dissolving a marriage on the ground of 'irretrievable breakdown of marriage', even when one of the spouses opposes the dissolution of marriage. The Court also clarified that since the institution of marriage is considered to …

Society Marriage Supreme Court Court Divorce Indian Care
J&K’s surrender of sovereignty to India was ‘absolutely complete’, says Supreme Court
1 year, 4 months ago

J&K’s surrender of sovereignty to India was ‘absolutely complete’, says Supreme Court

The Hindu  

Chief Justice of India D.Y. Chandrachud, heading a Constitution Bench hearing petitions challenging the abrogation of Article 370, on Thursday said Jammu and Kashmir ceded its sovereignty to the Dominion of India “absolutely and completely”. Instrument of Accession The court was reacting to arguments that the “special autonomous status” granted to Jammu and Kashmir and retention of “residuary legislative powers” …

India Constitution States Indian Kashmir Sovereignty Order
Judicial Law Making Through Dictum In India: A Constitutionally Legitimized Practice
2 years, 4 months ago

Judicial Law Making Through Dictum In India: A Constitutionally Legitimized Practice

Live Law  

The following article analyses whether the Indian Constitution permits judicial law making through dictum by referring to constitutional provisions and judicial precedents. The Constitution's different provisions for the functioning of the judiciary, have been used as the basis for granting obiter dictums a legal binding status and the Supreme Court has gone ahead with the implementation of various judicial legislations …

Law India Rajasthan Legal Constitution Court Cases
Judicial Law Making Through Dictum In India: A Constitutionally Legitimized Practice
2 years, 4 months ago

Judicial Law Making Through Dictum In India: A Constitutionally Legitimized Practice

Live Law  

The following article analyses whether the Indian Constitution permits judicial law making through dictum by referring to constitutional provisions and judicial precedents. The Constitution's different provisions for the functioning of the judiciary, have been used as the basis for granting obiter dictums a legal binding status and the Supreme Court has gone ahead with the implementation of various judicial legislations …

India Legal Constitution Court Cases Indian Courts
In The Absence Of Judicial Review, People's Faith In Constitution Would Have Diminished : CJI NV Ramana
2 years, 5 months ago

In The Absence Of Judicial Review, People's Faith In Constitution Would Have Diminished : CJI NV Ramana

Live Law  

While delivering the inaugural speech at the Justice S.B. Sinha Memorial Lecture on 'Life of a Judge', Chief Justice of India, N.V. Ramana observed that in absence of judicial review, people's faith in the Constitution of India would have diminished. In my humble view, in the absence of judicial review, people's faith in our Constitution would have diminished. He added …

Law Social Media India Faith Justice Media Social
A new judicial device for ‘complete justice’
2 years, 5 months ago

A new judicial device for ‘complete justice’

The Hindu  

Mohammed Zubair, the co-founder of Alt News, continues to be in prison despite the Supreme Court of India, last Friday, granting him interim bail, because of remand in another case by the Delhi police. The Court Challenges before judiciary The Supreme Court of India is regarded as the world’s most powerful top court, on account of its wide power of …

India Justice Constitution Court Bail Power Case
Who wields the power to pardon
2 years, 6 months ago

Who wields the power to pardon

The Hindu  

The Governor’s powers of pardon or remission under Article 161 of the Constitution have been in the spotlight with the Supreme Court judgment ordering the release of A.G. Perarivalan, one of the seven convicts in the Rajiv Gandhi assassination case. This month, the Supreme Court ruled that a Governor is bound by the State government’s advice in matters relating to …

Human Rights Justice Supreme Court High Court Constitution Power State
Explained | Article 142 of the Constitution under which Supreme Court ordered release of Perarivalan
2 years, 7 months ago

Explained | Article 142 of the Constitution under which Supreme Court ordered release of Perarivalan

The Hindu  

The story so far: The Supreme Court on Wednesday exercised the power conferred on it under Article 142 of the Constitution to order the release of former Prime Minister Rajiv Gandhi assassination case convict A.G. Perarivalan. Article 142 reads: “Subject to the provisions of any law made in this behalf by Parliament, the Supreme Court shall, as respects the whole …

India Supreme Court Constitution Power Case State Release
The State of Manipur & Ors. v. Surjakumar Okram & Ors- 2022 LiveLaw(SC) 113 - Repeal Of Statute -Saving Clause Of Unconstitutional Law
2 years, 10 months ago

The State of Manipur & Ors. v. Surjakumar Okram & Ors- 2022 LiveLaw(SC) 113 - Repeal Of Statute -Saving Clause Of Unconstitutional Law

Live Law  

2022 LiveLaw 113 IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION L. NAGESWARA RAO, J; B.R. If the State Legislature lacked legislative competence to enact the 2012 Act, the State Legislature did not have the power to repeal the same by way of the Repealing Act, 2018. It was further submitted before the High Court that the saving clause …

Law India Writ Petition 2018 Court Fundamental Rights Retrospective Effect
The evolution and framing of the Constitution
3 years ago

The evolution and framing of the Constitution

The Hindu  

Constitution Day was celebrated on November 26 this year too with the Government of India organising a grand event in the Central Hall of Parliament to remind citizens that the Indian Constitution was adopted by the Constituent Assembly this day, 72 years ago. Recently, this interesting issue was raised by the present Chief Justice of India, N.V. Ramana, in one …

India Justice Judiciary Assembly Constitution Congress Freedom
Offences Under Special Statutes Including SC/ST Act Can Also Be Quashed By Exercising Powers U/S 482CrPC/ Article 142: Supreme Court
3 years, 1 month ago

Offences Under Special Statutes Including SC/ST Act Can Also Be Quashed By Exercising Powers U/S 482CrPC/ Article 142: Supreme Court

Live Law  

The Supreme Court observed that criminal proceedings arising out of Scheduled Castes and the Scheduled Tribes, 1989 can be quashed invoking powers under Article 142 of Constitution or Section 482 of Criminal Procedure Code.The mere fact that the offence is covered under a 'special statute' would not refrain this Court or the High Court, from exercising. The Supreme Court observed …

Supreme Court Constitution Court Criminal Courts Criminal Proceedings Proceedings
Sushant Singh-Rhea Chakraborty Case : Did Single Bench Exceed Its Limited Jurisdiction U/s 406 CrPC By Ordering CBI Investigation?
4 years, 3 months ago

Sushant Singh-Rhea Chakraborty Case : Did Single Bench Exceed Its Limited Jurisdiction U/s 406 CrPC By Ordering CBI Investigation?

Live Law  

Order VI Rule 1 of the Supreme Court Rules, 2013, provides that subject to the other provisions of these rules, every cause, appeal or matter shall be heard by a Bench consisting of not less than two Judges nominated by the Chief Justice. The following proviso has been inserted by Supreme Court Rules, 2019: "Provided that the following categories of …

Mumbai Supreme Court Jurisdiction Constitution Court Transfer Judge