Supreme Court Transfers Sushant Singh Rajput Death Case To CBI. The Supreme Court of the United States is the highest court in the federal judiciary of the United States.The procedures of the Supreme Court of the United States are governed by the U.S. Constitution, various federal statutes, and the Court's own internal rules.Since 1869, the Court has consisted of one chief justice and eight associate justices. In a writ petition seeking quashing of FIRs filed by Republic TV Editor-in-Chief Arnab Goswami, the Supreme Court observed that to allow a journalist to be subjected to multiple complaints and to the pursuit of remedies traversing multiple states and jurisdictions when faced with successive FIRs and complaints bearing the same foundation, has a stifling effect on the exercise of his freedom. However, the SDMA cannot give a direction that students should be promoted without exams as that is a matter pertaining to the UGC. The U.S. Supreme Court has unanimously upheld laws across the country that remove or punish rogue Electoral College delegates who refuse to cast their votes for … [Case: Foundation for Media Professionals v. Union of India], Also Read: Better Internet Desirable During Pandemic Lockdown; But Can't Ignore Terrorism Concerns : SC In J&K Pleas For 4G, 27. ), 23.A Citizen Must Have Some Standing Or Knowledge Before Questioning Capability & Integrity Of A Judge: SC Holds 3 People Guilty of Contempt For Making Scandalous Allegations Against Judges. n. 1) the highest court in the United States which has the ultimate power to decide constitutional questions and other appeals based on the jurisdiction granted by the Constitution, including cases based on Federal statutes, between citizens of different states, and when the Federal government is a party. [Case: Arnab Ranjan Goswami v. Union of India & Ors. Search. Thus employers and employee need to negotiate and settle among themselves. [Land Acquisition] Why SC Read 'OR' In Sec 24(2) As 'AND'/'NOR' In Indore Development Authority Case? A Constitution Bench of the Supreme Court has held that Medical Council of India has no power to make any reservation for in-service candidates in Post Graduate Medical Course in any particular state. [Case : Amit Sahni v Union of India and others], [Shaheen Bagh] Demonstrations Expressing Dissent Have To Be In Designated Places Alone: SC [Read Judgment], 44. The Supreme Court was established by the Second Philippine Commission on June 11, 1901 through the enactment of its Act No. The Apex Court observed that the High Court was in fact incorrect in holding that a "Deemed University" is excluded from the ambit of the term "University" under Section 2(c)(xi) of the Prevention of Corruption Act. Merely Because The Investigation Officer And Complainant Are The Same The Trial In NDPS Cases Will Not Be Vitiated And Accused Cannot Be Acquitted On That Ground : SC Constitution Bench. vs. Central Bureau of Investigation ought to be followed. Right To Default Bail Is Enforceable Even If Charge Sheet/Report Seeking Extension Of Time Is Subsequently Filed: Supreme Court. Taking note of "alarming" rise of criminalization of politics, the Supreme Court directed that all political parties to publish the details of criminal antecedents of their candidates in the Lok Sabha and Assembly polls within 48 hours of selection of the candidate or within two weeks of nomination, whichever is earlier. Free COVID-19 Testing Only For Persons Under Ayushman Bharat Scheme And EWS Categories; Supreme Court Allows Private Labs To Charge Others, In modification of its previous order directing free testing for COVID-19 in both government and private laboratories, the SC bench comprising of Justices Ashok Bhushan and S Ravindra Bhat directed that-. This Act created a Supreme Court with six justices. It is exclusively for them", Justice Arun Mishra, dictating the order, said. We are the final court of appeal in the UK for civil cases, and for criminal cases from England, Wales and Northern Ireland. [Case: Pandurang Ganpati Chaugule and others V. Vishwasrao Patil Murgud Sahakari Bank Limited], Also Read: Cooperative Banks Must Comply With Banking Regulation Act And Other Laws Related To Banking: SC, 25.Sabarimala Reference: SC Gives Reasons For Holding That Questions Of Law Can Be Referred To Larger Bench In Review. Case : Dheeraj Mor v Hon'ble High Court of Delhi. No. The Supreme Court has held that Speaker of the Legislative Assembly should decide on a petition seeking disqualification of a member under Tenth Schedule of the Constitution within a period of three months, in the absence of exceptional reasons. v. State Of Kerala & Ors. Chandana Das (Malakar) v. State of West Bengal, held that Speaker of the Legislative Assembly, h restrained Manipur BJP minister Thounaojam Shyamkumar from entering the Legislative Assembly, Supreme Court's Six Mandatory Directions To Political Parties To End Criminalisation Of Politics[Read Judgment]. In Chandana Das case, the bench comprising Justice RF Nariman, Justice R.Subhash Reddy and Justice Surya Kant had held that the fundamental right of Minorities under Article 30 of the Constitution of India to administer educational institutions "cannot be waived". On January 10, a three judge bench comprising Justices N V Ramana, Surya Kant and B R Gavai delivered the judgment on a batch of petitions which challenged the legality of the curfew orders and internet shutdown imposed in Jammu and Kashmir in the wake of the abrogation of the special status of the state in August 2019. [Case : Praneeth K and others v University Grants Commission], State Govt/SDMA Can Override UGC Deadline For Exam Based On Local Pandemic Situation: SC, 42 :"Covid 19 Is Not A Public Emergency As Per Factories Act": SC Quashes Gujarat Govts' Notification Extending Work Hours Under Factories Act Without Overtime Pay. A bench comprising Justices Arun Mishra, Indira Banerjee, Vineet Saran, M R Shah and Ravindra Bhat had heard the matter. It thus rejected the argument that 2013 amendment to the SARFAESI Act adding 'mutli-state cooperative bank' in Section 2(1)(c)(iva) was a "colourable exercise of power". They can take note of the factual situation if it comes to the knowledge of the JJBs that a child has been detained in prison or police lock up. Pursuant to section 51C of the Judicature Act 1908, Her Excellency the Administrator of the Government, acting on the advice and with the consent of the Executive Council, and with the concurrence of the Right Honourable the Chief Justice and at least 2 other members of the Rules Committee (of whom at least 1 was a Judge of the High Court), makes the following rules. 20-06-18-MCTC. (Case: Shashank Deo Sudhi v. Union of India & Ors. A bench comprising Justices DY Chandrachud and Indira Banerjee observed "the High Court should not foreclose itself from the exercise of the power when a citizen has been arbitrarily deprived of their personal liberty in an excess of state power". A three judge bench of the Supreme Court answered a reference to hold that landlord-tenant disputes are arbitrable unless covered by specific rent contorl laws. SEILA LAW LLC. Damon Root | 4.30.2020 3:30 PM The case concerned the validity of West Bengal Madrasah Service Commission Act 2008, which constituted a commission to appoint teachers in madrasas. Similar directions were issued by another bench to reduce the congestion in child care institutions and juvenile homes. In this regard, the bench comprising Justices Arun Mishra, Indira Banerjee, Vineet Saran, M R Shah and Ravindra Bhat in the case Sushila Aggarwal and others v State of NCT of Delhi and others largely reaffirmed the principles laid down in the case Shri Gurbaksh Singh Sibbia and others v. State of Punjab (1980) 2 SCC 565. Article III of the Constitution establishes the federal judiciary. A bench comprising Justices Ashok Bhushan, R Subhash Reddy and MR Shah also held that there was no need for a fresh national disaster relief plan for COVID-19, and that the minimum standards of relief as issued under the Disaster Management Act prior to COVID-19 were enough. Alembic Pharmaceuticals Ltd. v. Rohit Prajapati & Ors. 12. When A Person Refuses To Issue Certificate Under Section 65B(4) Of Evidence Act, Court Must Order Its Production :SC, Indian Social Action Forum v Union of India, under a lot of criticism for its inaction, order passed by the Ministry of Home Affairs on March 29, batted for negotiations between establishments and workers, Ficus Pax Private Ltd v Union of India and others, Rhea Chakraborty v Union of India and others, its verdict holding Advocate Prashant Bhushan guilty of contempt of court, when Prashant Bhushan refused to apologize, the arguments made by his lawyer Senior Advocate Dushyant Dave, dismissed a petition filed by Centre for Public Interest Litigation, has held that a daughter will have a share, Praneeth K and others v University Grants Commission, Workers' Right To Life Cannot Be Deemed Contingent On The Mercy Of Their Employer Or The State: SC Quashes Gujarat Govt. Infographic Coverage of the Supreme Court. The Judiciary Act of 1789 created a six-member court. The Supreme Court has observed that an offence prescribing a maximum sentence of more than 7 years imprisonment but not providing any minimum sentence, or providing a minimum sentence of less than 7 years, cannot be considered to be a 'heinous offence' within the meaning of Section 2(33) of the Juvenile Justice (Care and Protection of Children) Act, 2015. The bench comprising Justice DY Chandrachud, Indu Malhotra and Indira Banerjee observed thus while cancelling anticipatory bail granted to in-laws of a deceased woman in a dowry death case and also directing the Central Bureau of Investigation to further investigate the case. The Supreme Court has held that the Maintenance and Welfare of Parents and Senior Citizens Act has no overriding effect over the right of residence of a woman in a shared household within the meaning of the Protection of Women from Domestic Violence Act. The judgment delivered by the Supreme Court in the case Amish Devgan v Union of India contains an elaborate discussion on the concept of 'hate speech'. The judgment delivered by the Supreme Court in the case State of Jharkhand and others v Brahmaputra Metallics Ltd Ranchi and others is a good reference to understand the concepts of legitimate expectation and promissory estoppel. Shashank Deo Sudhi v. Union of India & Ors. & Ors. A single bench of Justice Hrishikesh Roy ordered the transfer without finding any wrong doing by the Mumbai police. The Supreme Court of Nevada Law Library website contains regularly updated information dealing with the Supreme Court of Nevada's Law Library. The Supreme Court has held that a complaint before Consumer Fora by allottees against builders is not barred by the Real Estate (Regulation and Development) Act, 2016. SARFEASI Act Applicable To Cooperative Banks : Supreme Court Constitution Bench. High Courts Can Grant Bail Under Article 226 In Appropriate Cases - Arnab Goswami case. The Court said : "We declare that the freedom of speech and expression and the freedom to practice any profession or carry on any trade, business or occupation over the medium of internet enjoys constitutional protection under Article 19(1)(a) and Article 19(1)(g)". View details. "In a polity committed to pluralism, hate speech cannot conceivably contribute in any legitimate way to democracy and, in fact,repudiates the right to equality", the judgment authored by Justice Khanna observed. President John Adams tried to shrink the court to five before leaving office in 1801. Hours before the scheduled execution on March 20, the convicts in the Nirbhaya case knocked the doors of the Supreme Court past midnight, hoping for a last minute judicial intervention to extend their lives. Please see all COVID-19 announcements here. [Suo Motu Limitation Extension] SC Allows Service Through Instant Tele-Messenger Services Like Whatsapp, Email & Fax. The daughter shall remain a coparcener throughout life, irrespective of whether her father is alive or not", Justice Mishra said while pronouncing the judgment today. "The co­operative banks under the State legislation and multi­ State co­operative banks are 'banks' under section 2(1)(c) of Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002", held the Constitution Bench comprising Justices Arun Mishra, Indira Banerjee, Vineet Saran, MR Shah and Aniruddha Bose. The court observed that it should also be installed in the offices of any other agency which carries out interrogations and has the power of arrest. The Court also declared that he will cease to be a Minister. v. Speaker Madhya Pradesh Legislative Assembly & Ors. If they are not able to settle it among themselves, they need to approach the concerned labour authorities to sort the issues out", the order said. The Supreme Court upheld the rights of erstwhile royal family of Travancore in the administration of Sree Padmanabha Swamy temple at Thiruvananthapuram. A Constitution Bench of the Supreme Court has held that it cannot be held as a general proposition that an accused under NDPS Act is entitled to an acquittal merely because the complainant is the investigating officer. See the list of all matters scheduled to be heard each day. All public lectures and visitor programs are temporarily suspended. The Supreme Court has held that the certificate required under Section 65B(4) is a condition precedent to the admissibility of evidence by way of electronic record. free testing will be available to persons eligible under Ayushman Bharat Pradhan Mantri Jan Aarogya Yojana as already implemented by the Government of India, and any other category of economically weaker sections of the society as notified by the Government for free testing for COVID-19. A bench comprising Justices Indu Malhotra and R. Subhash Reddy held that maintenance in all cases will be awarded from the date of filing the application for maintenance. Disputes Which Are To Be Adjudicated By DRTs Are Not Arbitrable: Supreme Court Overrules 2012 Delhi HC Judgment, Allegations Of Fraud Arbitrable When They Relate To Civil Dispute: Supreme Court Overrules 'N Radhakrishnan' Judgment, Expression 'Existence Of Arbitration Agreement' In Section 11 Of Arbitration Act Includes Aspect Of Validity Of Agreement : Supreme Court, 55. Validity of SC/ST Amendment Act 2018 upheld - Prathvi Raj Chouhan vs Union of India, Also in this judgment : Section 438 (Anticipatory Bail) Has No Application To Cases Under SC/ST Act Except When There Is No Prima Facie Case Is Made Out, 'Fraternity Assures True Equality; Articles 15, 17 & 24 Seek To Achieve This Ideal' : Justice Ravindra Bhat In SC/ST Verdict, 7. 32.Padmanabha Swamy Temple : SC Delegates Powers Of "Ruler Of Travancore" To Administrative Committee As Suggested By Ex-Royal Family. A division bench comprising Justices UU Lalit and Vineet Saran said that entitlement of the Complainants must be considered in the light of the terms of the Builder Buyer Agreements. The Court held that States may seek extension of the September 30 deadline for exams based on the SDMA directions. Land Acquisition Judgment : Puzzling Questions Left By A Strained Interpretation, 11.Nirbhaya Case : SC Dismisses Final Plea Of Convicts To Stay Execution After Past Midnight Hearing. The model affidavit is annexed as Enclosures I, II and III of the judgment. SC Extends Limitation For Filing In All Courts/Tribunals With Effect From March 15 Until Further Orders On Account of COVID19. Reversing the judgment of the Madras High Court, the top court held that the stage where prior environmental clearance is required is before issuing declaration of acquisition under Section 3D of the Act. 'No Absolute Right Of Appointment For Minority Educational Institutions' : Supreme Court Upholds WB Madrasah Service Commission Act. Following the recall of the order, a bench comprising Justices Arun Mishra, S. Abdul Nazeer & Indira Banerjee held that such vehicles sold during lockdown should not be treated as sold, and that the consideration received should be refunded to the purchasers. A bench headed by Justice Arun Mishra today pronounced the judgment in a batch of appeals that raised an important legal issue whether the Hindu Succession (Amendment) Act, 2005, which gave equal right to daughters in ancestral property, has a retrospective effect. Certain legislation Later, on September 19, clarifying its 23 March order, the Bench of CJI SA Bobde, Justices AS Bopanna and V. Ramasubramanian observed that the said order extended only "the period of limitation" and not the period upto which delay can be condoned in exercise of discretion conferred by the statute. The bench unanimously held that the Parliament had the legislative competence to bring cooperative banks under the ambit of SARFAESI Act. Sri Marthanda Varma & Anr. The Supreme Court has quashed the notification issued by the Gujarat Labour and Employment Department granting exemptions to all factories in Gujarat from provisions of the Factories Act, 1948 relating to daily working hours, weekly working hours, intervals for rest and spread overs of adult workers as well as from payment of overtime wages at double rates viz. A Constitution bench comprising Justices Arun Mishra, Indira Banerjee, Vineet Saran, M.R. Rules and legislation. The Supreme Court has observed that the candidates belonging to reserved category, are eligible to fill general/open category vacancies also. While overruling an earlier 2008 decision titled E. Micheal Raj v. Intelligence Officer, Narcotic Control Bureau, bench of Justices Arun Mishra, Indira Banerjee and M R Shah held that the quantity of neutral substances in a mixture containing narcotic drugs or psychotropic substances must be taken into account along with the actual weight of the offending drug while determining 'small or commercial quantity' under the NDPS Act. The Supreme Court has observed that there is no embargo on it to transfer an investigation to the CBI after submission of the charge-sheet. The Intelligence Officer], 52. Supreme Court Directs States/UTs To Consider Granting Parole To Prisoners In Lesser Offences To De-Congest Prisons, To avoid overcrowding in prisons in the wake of COVID pandemic, the Supreme Court on Monday directed all states and Union Territories to set up high level committees to determine class of prisoners who could be released on parole for four to six weeks. As later set by the Judiciary Act of 1869, the Court consists of the Chief Justice of the United States and eight associate justices. SC 5 Judge Bench Refers Matter To Larger Bench; Says 'EV Chinnaiah' Decision Needs Reconsideration. The Building will remain open for official business. The P and E Court’s powers and procedures are also regulated by state legislation. The Court held that the State Disaster Management Authority can direct the cancellation of exams taking note of the pandemic situation. The Supreme Court ruled that federal civil rights law protects gay, lesbian and transgender employees. [Domestic Violence Act] Wife Entitled To Claim Right Of Residence Which Belongs To Relatives Of Husband Also: Supreme Court Overrules Its 2006 'SR Batra' Judgment. On Supreme Court's Menu: Religion, Abortion, Guns And Race Conservatives now have a 6-to-3 majority — a vote to spare on any given issue. Months after the protests had ceased, the Supreme Court in October delivered the judgment on the legitimacy of the mode of protest. Deprivation For A Single Day Is A Day To Many, Courts Must Ensure That Criminal Law Does Not Become A Weapon For Selective Harassment Of Citizens: SC In Arnab Goswami Judgment, 45. Landlord-Tenant disputes arbitrable unless covered by rent control laws. will only be applicable in a situation of emergency and for the purpose of preventing obstruction and annoyance or injury to any person lawfully employed. The Act, 2005 has been enacted to provide for more effective protection of the rights of the woman who are victims of violence of any kind occurring within the family. On Supreme Court's Menu: Religion, Abortion, Guns And Race Conservatives now have a 6-to-3 majority — a vote to spare on any given issue. A wife is also entitled to claim a right to residence in a shared household belonging to relatives of the husband, the Supreme Court held in an important judgment overruling the 2006 judgment in SR Batra v. Taruna Batra. The Supreme Court observed that an arbitral award can be set aside under Section 34 of the Arbitration and Conciliation Act if it is patently illegal or perverse. Hira Singh & Anr. Notion That Women Are 'Weaker Sex' Constitutionally Flawed: SC Calls For Change In Mindset, Indore Development Authority v Manoharlal and others etc, dictated the order dismissing the writ petition, Suo Moto Writ Petition In Re : Cognizance For Extension of Limitation, Suo Moto Writ Petition In Re: Contagion of COVID 19 Virus in Prisons. Although the Constitution outlined the powers, structure, and functions of the legislative and executive branches of government in some … In a highly debatable judgment, a 5-judge bench of the Supreme Court on Friday held that proceedings under the Land Acquisition Act 1894 will not lapse if the compensation has been tendered by deposit in treasury(Indore Development Authority v Manoharlal and others etc). Cryptocurrencies Capable Of Performing Most Functions Of Real Money Though Not Legal Tender : SC, 16. Factories Act Notification Increasing Working Hours Indicative Of Intention To Capitalize On The Pandemic To Force Workers Into Servitude : SC, [Case : Gujarat Mazdoor Sabha and another v State of Gujarat], 43. The Supreme Court issued guidelines on payment of maintenance in matrimonial matters. This would be contrary to both the precautionary principle as well as the need for sustainable development", the court reiterated in light of the observations made in Common Cause v. Union of India. Denial of legitimate expectation can be a circumstance leading to arbitrariness and violation of Article 14. v. Union of India & Anr. The death of the last ruler will not result in escheat of the rights in favour of the government, the Court held. At about 3.30 AM, the bench dictated the order dismissing the writ petition filed on behalf of convict Pawan Kumar Gupta, challenging the rejection of his mercy petition by the President. Is the cy pres class action award valid? Two hours later, the convicts were hanged to death at 5.30AM at Tihar jail. Hate Speech Repudiates Right To Equality In A Polity Committed To Pluralism : Supreme Court. The Court therefore affirmed its order passed on May 19 to hold floor test in the MP assembly for proving the majority of the previous government led by Kamal Nath. It added, "The living of woman in a household has to refer to a living which has some permanency. 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