Read Time: 01 hours
[Same sex marriage judgment] While denying legal recognition to same sex marriage, the Supreme Court on Tuesday, October 17, held that it could not either strike down the constitutional validity of Special Marriage Act (SMA) or read words into the SMA because of its institutional limitations. CJI Chandrachud in his 247-page judgment noted that gender queerness, transgenderism, homosexuality, and queer sexual orientations are natural, age-old phenomena which have historically been present in India and have not been ‘imported’ from the ‘west.’ He added that homosexuality or queerness is not solely an urban concept, nor is it restricted to the upper classes or privileged communities.Bench: Chief Justice of India DY Chandrachud, Justices Sanjay Kishan Kaul, S Ravindra Bhat, PS Narasimha and Hima Kohli Case Title: Supriyo@ Supriya Chakraborthy vs. Union of India & Anr. (a batch of petitions) Click here to read more
[PMLA review] The Supreme Court refused to postpone the review hearing in the pleas challenging the judgment of Vijay Madanlal Chaudhary and Ors. vs. Union of India and Ors. wherein the constitutional validity of various provisions of the Prevention of Money Laundering Act, 2002. were upheld. Solicitor General Tushar Mehta informed the court that the Financial Action Task Force (FATF) evaluation was commencing from November 4, and court questioning the legislation at this stage would have a serious implication on the national interest. The bench then appointed nodal counsels in the matter and said, "List on November 22. No other matter to be listed on that day."Bench: Justice SK Kaul, Justice Sanjiv Khanna and Justice Bela M Trivedi Case Title: Karti P. Chidambaram Vs. The Directorate Of Enforcement Click here to read more
[NCLAT] The Supreme Court issued contempt notices to two members of the National Company Law Appellate Tribunal (NCLAT), New Delhi for defying its orders of status quo and pronouncing its judgment in a case pertaining to Finolex Cables.Court was further informed that the Ministry had found that there was an issue with the disability pension matters at the Chandigarh bench. Judicial Member Justice Rakesh Kumar and Technical Member Dr Alok Srivastava have been directed to show cause and be personally present before Court on October 30, 2023.Bench: CJI DY Chandrachud, Justices JB Pardiwala and Manoj Misra Case Title: Orbit Electricals Private Limited vs. Deepak Kishan Chhabaria Click here to read more
[NewsClick] A division bench of the Supreme Court has issued notice in the plea by NewsClick founder Prabir Purkayastha and HR department head Amit Chakraborty challenging the Delhi High Court's recent dismissal of their plea againts arrests made in a UAPA case. Justices BR Gavai and Prashant Kumar Mishra has issued notice returnable on October 30, 2023. Senior Advocate Kapil Sibal appeared for Purkayastha and Chakraborty was represented by Senior Advocate Devadatt Kamat. A single judge bench of Justice Tushar Rao Gedela of the Delhi High Court on Friday, October 13, had "dismissed" the pleas filed challenging the arrest of Purkayastha and Chakraborty. It is to be noted that Purkayastha and Chakraborty are currently in Judicial Custody. Additional Sessions Judge (ASJ) Hardeep Kaur of Patiala House Court on October 10 remanded the two to judicial custody for ten days.Bench: Justices BR Gavai and Prashant Kumar Mishra Click here to read more ALSO READ: NewsClick Founder, HR Head Approach Supreme Court Challenging High Court's Dismissal Of Their Pleas Against Arrest
[Hindu Endowment Act] The Supreme Court on Wednesday, October 18, dismissed a plea filed by Advocate Ashwini Upadhyay which challenged certain provisions of The Hindu Endowments Acts' across India on the ground that they pervade right to equality as all other religions have no such regulation. Upadhyay sought direction(s)/order(s)/declaration that Hindus, Jains, Sikhs and Buddhists "have similar rights to establish, manage and maintain their religious places like Muslims, Parsis, Christians" and that "those belonging to these religions have similar rights to own, acquire, administer movable, immovable properties of their religious places like Muslims, Christians and that the State cannot abridge these rights." CJI DY Chandrachud led bench opined that the prayers were very broad in nature. "File a proper petition, what are these prayers..all this is already covered under Article 14", the bench also comprising Justices Pardiwala and Manoj Misra said. Raising questions about equal treatment of temples, gurudwaras at par with mosques, churches etc, Upadhyay's plea asked whether a secular state can make laws to abridge rights of Hindus, Jains, Buddhists, Sikhs guaranteed under Article 26 of Constitution of India, whether the Religious and Chaitable Endowments laws enacted under Article 26 must be in conformity with Articles 14,15, and whether state laws which discriminate against temples, gurudwaras, mosques and churces are contrary to Articles 14, 15 and 26.Bench: CJI DY Chandrachud, Justices JB Pardiwala and Manoj Misra Case Title: Ashwini Kumar Upadhyay vs. UOI & Ors Click here to read more
[Pendency of cases] The Supreme Court has recently emphasised on streamlining procedures, bolstering infrastructure, investing in technology, and empowering judiciary to meet the demands of the time to address the issue of delay in deciding cases. Court has called upon all stakeholders—the legal fraternity, the legislature, the executive, and the citizens themselves—to join hands in a concerted effort to untangle the web of delay and pendency. Bench: Justices S Ravindra Bhat and Aravind Kumar Case Title: Yashpal Jain vs. Sushila Devi & Others Click here to read more
[Forest Conservation Amendment Act, 2023] A three-judge bench of the Supreme Court on Friday, October 20, issued notice to the Centre on a plea challenging the constitutional validity of recent amendments made to the Forest (Conservation) Act. It is the petitioners case that the 2023 Amendment Act “will radically undermine India’s decade-old forest governance regime”. “Each diversion of land, without any cumulative ceiling being prescribed across the country, will pockmark our forests with cancerously growing deforested ‘islands’ and fragment them, causing enormous ecological loss...", the plea states.Bench: Justices BR Gavai, Aravind Kumar, and Prashant Kumar Mishra Case Title: Ashok Kumar Sharma, IFS (Retd) & Ors. vs. Union of India & Ors Click here to read more
[Manual Scavenging] The Supreme Court has directed Union of India to take appropriate measures and frame policies, and issue directions, to all statutory bodies, including corporations, railways, cantonments, as well as agencies under its control, to ensure that manual sewer cleaning is completely eradicated in a phased manner. Union and the States are duty bound to ensure that the practice of manual scavenging is completely eradicated, a division bench has said. Court has also increased the compensation for sewer deaths (the previous amount fixed, i.e., 10 lakhs) to an amount of Rs. 30 lakhs. Bench: Justices S Ravindra Bhat and Aravind Kumar Case Title: DR. BALRAM SINGH vs. UNION OF INDIA & ORS Click here to read more
[Ban on paper cups] The Supreme Court on Friday upheld the Madras High Court decision whereby a challenge to a government order banning manufacture, storage, supply, transport, sale, distribution, and use of ‘one time use and throwaway plastics’, was dismissed. A division bench while upholding the ban of reinforced paper cups, has directed the Tamil Nadu Pollution Control Board to consider the case of non-woven bags afresh, in light of the amended rules.Bench: Justices S Ravindra Bhat and PS Narasimha Case Title: TAMIL NADU AND PUDUCHERRY PAPER CUP MANUFACTURES ASSOCIATION vs. STATE OF TAMIL NADU & ORS Click here to read more
[Doctor Singh] The Supreme Court has directed the Uttar Pradesh government to consider permanent remission of former Uttar Pradesh MLA Uday Bhan Singh alias Doctor Singh, who was sentenced to life term in the 1999 triple murder case. "The case of the petitioner for grant of permanent remission must be considered by the state government in accordance with the applicable policy. We, accordingly, grant time of two months to the state government to consider the case of the petitioner for grant of permanent remission. The order passed by the Competent Authority shall be placed on record within a period of two months from today," the bench further ordered.Bench: Justices Abhay S Oka and Pankaj Mithal Case Title: UDAY BHAN SINGH @ DOCTOR SINGH vs. THE STATE OF UTTAR PRADESH and Ors. Click here to read more
[Raghav Chaddha suspension] Supreme Court has issued notice in a plea by Aam Aadmi Party leader and Member of Parliament of Rajya Sabha from Punjab, Raghav Chadha, challenging the 'arbitrary action' of suspending him beyond a session of the Rajya Sabha, without any authority of law. "Notice issued to first respondent returnable on October 30, 2023. We request the Attorney General for India to assist the court.", ordered the bench.Bench: CJI Chandrachud with Justices JB Pardiwala and Manoj Misra Case Title: Raghav Chadha vs. Rajya Sabha Secretariat & Ors Click here to read more
[Women's Reservation Bill] A writ petition has been filed before Supreme Court of India seeking immediate implementation of the 33% Women Reservation, introduced by way of The Constitution (One Hundred and Twenty Eighth Amendment) Bil 2023 (Nari Shakti Vandan Adhiniyam) in its true letter and spirit before Parliamentary General! Election 2024. The writ petition filed by Congress leader Dr. Jaya Thakur seeks implementation of the reservation without the rider of "after the delimitation is undertaken for this purposes after the relevant figures for the first census".Case Title: Dr. Jaya thakur vs. Union of India Click here to read more
[Abortion Rights] Supreme Court refused to allow termination of a more than 26-week pregnancy after noting that no fetal abnormalities or threat to life of mother had been found in the most recent medical examination conducted by AIIMS. The pregnant woman sought termination of her pregnancy on the grounds of suffering from post partum psychosis."The choice of abortion is gone now. The only options left are now preterm and full term delivery. Termination after 24 weeks has to be done is rarest of rare case", ASG Aishwarya Bhati had told the bench. Bench: CJI Chandrachud with Justices JB Pardiwala and Manoj Misra Click here to read more
[Delhi Liquor Policy Scam] Enforcement Directorate has made a big revelation before the Supreme Court of India relating to the Delhi Liquor Policy scam, wherein Additional Solicitor General SV Raju informed the court today that the agency is contemplating of making Aam Aadmi Party an accused in the scam. "Will it be a separate or the same offence in the ED case? Answer it tomorrow. In the corruption case, it will certainly be a separate charge. Will it also be a separate charge in CBI matter?" Justice Khanna asked while hearing the bail plea filed by AAP leader Manish Sisodia.Bench: Justices Sanjiv Khanna and SVN Bhatti Case Title: Manish Sisodia vs. Enforcement Directorate Click here to read more
[Electoral Bonds Scheme] CJI DY Chandrachud informed that the challenge to the 2018 Electoral Bonds Scheme has been referred to a Constitution Bench of atleast five judges. "In view of importance of the issues raised, and with regard to Article 145(4) of the Constitution of India, the matter be placed before a bench of at least five judges. The matter will be retained on October 30, 2023," the CJI said. Electoral bonds were introduced through Finance Act 2017, which amended three other statutes - the RBI Act, the Income Tax Act and the Representation of People Act for enabling introduction of such bonds.Bench: CJI Chandrachud with Justices JB Pardiwala and Manoj Misra Case Title: Association for Democratic Reforms vs Union of India and ors Click here to read more
Please Login or Register
