January 2, 2021

supreme court legislation

"...environment law cannot countenance the notion of an ex post facto clearance. v. Union of India & Anr. [COVID-19] Supreme Court Issues Slew Of Directions To Implement Video Conferencing In All Courts Across The Country. The Court also held that life or duration of an anticipatory bail order does not end normally at the time and stage when the accused is summoned by the court, or when charges are framed but can continue till the end of the trial except in special and peculiar cases. 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 bench expressed the view that once a State Government has the power to make reservation, it also has the power to make sub-classifications and that such sub-classification will not amount to tinkering with the reservation list. Months after the protests had ceased, the Supreme Court in October delivered the judgment on the legitimacy of the mode of protest. , rules and regulations govern how the Supreme Court of Victoria operates. While confirming the High Court view, the Apex Court dealt with the history of 'Patent illegality' ground. However, the bench refrained from striking the rules down after the Attorney General agreed to the suggestions made by amicus curiae Senior Advocate Arvind P Datar and undertook to amend the rules. September 29, 2020 [Date Uploaded 11/20/2020] It supports the legal research information needs of Kansas judges, court personnel, lawyers, state employees, students, and the public. Please see all COVID-19 announcements here. The 9-judge bench headed by Chief Justice SA Bobde had dismissed objections regarding the maintainability of reference in Sabarimala Review Petitions on February 10. [Case: Imperia Structures Ltd. v. Anil Patni], 64.Supreme Court Issues Guidelines On Payment Of Maintenance In Matrimonial Matters. The Supreme Court has observed that the candidates belonging to reserved category, are eligible to fill general/open category vacancies also. Limitations in Order XLVII of the Supreme Court Rules are not applicable to Orders/Judgments in Writ Petitions; Reference can be made in a pending Review Petition; No matter is beyond Jurisdiction of Superior Court of Record; Not necessary to refer to facts to decide pure questions of law; Article 145(3) Proviso that reference to a larger bench can be made only in Appeals and not in any other proceedings is not applicable to references made by a bench of five or more Judges. The bench comprising Justices N V Ramana, Sanjiv Khanna and Krishna Murari overruled the view in Himangni Enterprises vs Kamaljeet Singh Ahluwalia. Women In Army : How SC Rejected Centre's Arguments Based On 'Sex Stereotypes'? A bench of Justices Arun Mishra and U U Lalit delivered the verdict on Monday in the case SK Md Raffique v Managing Committee, Contai Rehmania High Madrasah and others. The case (Internet and Mobile Association of India vs Reserve Bank of India) was heard by a three judge bench comprising Justices R F Nariman, Aniruddha Bose and V Ramasubramanian. Hate Speech Repudiates Right To Equality In A Polity Committed To Pluralism : Supreme Court. 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-. Case : Suo Moto Writ Petition In Re : Cognizance For Extension of Limitation. Even with virtual functioning, the Supreme Court delivered several important judgments and settled several prominent questions of 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. Other reports about the judgment : Notion That Women Are 'Weaker Sex' Constitutionally Flawed: SC Calls For Change In Mindset. The Court observed that the power under Section 144 of the Criminal Procedure cannot be used as a tool to prevent the legitimate expression of opinion or grievance or exercise of any democratic rights. The Supreme Court has observed that where the accused has already applied for default bail, the Prosecutor cannot defeat the enforcement of his indefeasible right by subsequently filing a final report, additional complaint or report seeking extension of time. Allowing the appeal filed by members of the Travancore family, a bench of Justices UU Lalit & Indu Malhotra reversed the finding of the High Court of Kerala that the rights of family ceased to exist with the death of the last ruler of the Travancore in 1991. About the law library. Ltd. #Prashant Bhushan Contempt of Court Judgment. Out of concern for the health and safety of the public and Supreme Court employees, the Supreme Court Building will be closed to the public until further notice. Supreme Court. [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. The bench comprising Justices Uday Umesh Lalit, S. Ravindra Bhat and Hrishikesh Roy held that this principle should also be followed while filling vacancies in horizontal reservations in open category. 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. While ordering the release of Republic TV anchor Arnab Goswmai from prison, the Supreme Court held that High Courts can grant bail even in a writ petition under Article 226 of the Constittution in appropriate case. 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. 65. It also upheld the 2003 notification issued under the Banking Regulation Act 1949 by which co­operative bank was brought within the class of banks entitled to seek recourse to the provisions of the SARFAESI Act. Supreme Court Transfers Sushant Singh Rajput Death Case To CBI. [Case: Sri Marthanda Varma & Anr. Basheer & Ors. See the list of all matters scheduled to be heard each day. Right To Default Bail Is Enforceable Even If Charge Sheet/Report Seeking Extension Of Time Is Subsequently Filed: Supreme Court. The case concerned the validity of West Bengal Madrasah Service Commission Act 2008, which constituted a commission to appoint teachers in madrasas. It agreed to rule on the various petitions, despite the position of Attorney General Avichai Mandelbit that there is no role for judicial intervention in legislating a Basic Law. 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. Anvar P.V. Mere fleeting or casual living at different places shall not make a shared household. 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. Case :PARAMVIR SINGH SAINI vs. BALJIT SINGH. The Court held that land owners cannot insist that the amount should be deposited in Court so as to sustain the land acquisition proceedings under the old Act on the commencement of the new land acquisition law with effect from January 1, 2014. The Supreme Court refused directed Constitution of Special Committee comprising secretaries of Union Ministries of Home Affairs and Chief Secretary of J&K to examine contentions raised in pleas seeking restoration of 4G internet in J&K. He served as a law clerk for Judge Walter Stapleton of the U.S. Court of Appeals for the Third Circuit from 1990-1991, for Judge Alex Kozinski of the U.S. Court of Appeals for the Ninth Circuit from 1991-1992, and for Justice Anthony M. Kennedy of the U.S. Supreme Court during the 1993 Term. 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. The Intelligence Officer, The Project Director, Project Implementation Unit v P V Krishnamoorthy and others, Vidya Drolia and others v Durga Trading Enterprises, directed the Central Government to install CCTV cameras and recording equipment, State of Jharkhand and others v Brahmaputra Metallics Ltd Ranchi, Justices DY Chandrachud, Indu Malhotra and Indira Banerjee, Selective Leaks During Investigation To Media Affect Rights Of Accused And Victims: Supreme Court, Asian Resurfacing of Road Agency Private Limited. The Supreme Court has directed the Central Government to install CCTV cameras and recording equipment in the offices of Central Agencies like Central Bureau of Investigation (CBI), National Investigation Agency (NIA), Enforcement Directorate (ED), Narcotics Control Bureau (NCB), Department of Revenue Intelligence (DRI) and Serious Fraud Investigation Office (SFIO). The Supreme Court made law for each of these legal doctrines. v. P.K. 32.Padmanabha Swamy Temple : SC Delegates Powers Of "Ruler Of Travancore" To Administrative Committee As Suggested By Ex-Royal Family. Invoking Article 142 of the Constitution, the bench of Justice Deepak Gupta and Justice Aniruddha Bose held that category of offences viz., offence where the maximum sentence is more than 7 years imprisonment, but no minimum sentence or minimum sentence of less than 7 years is provided, shall be treated as 'serious offences' within the meaning of the Act. 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. All Stay Orders On Civil/Criminal Proceedings Passed By Courts, Including HCs, To Automatically Expire Within 6 Months Unless Extended For Good Reasons: SC. Install CCTVs In All Police Stations; Victims Of Human Rights Violations By Police/NIA/CBI/ED Have The Right For CCTV Footage Of Interrogation:Supreme Court. Syllabus . v. Union of India & Anr. The Supreme Court held that a citizen must have some standing or knowledge before questioning the capability of or integrity of a Judge of the Highest Court and cautioned that the right to criticize Judgments delivered by any court, including the Supreme Court, does not encompass the right to question the "bona fides" of a judge or to raise questions with regard to their competence. 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. In a significant judgment, the Supreme Court has held that civil judges are not eligible to seek direct recruitment to post of District Judges in bar quota. Therefore, the policy that women will be given only "staff appointments" was held to be unenforceable by the Court. The Secretary, Ministry of Defence v Babita Puniya and others. "Don't Create Publicity Interest Litigations" SC In Plea Seeking Free Treatment For COVID19 Patients, SC Dismisses PIL Seeking GST Exemption For Face Masks & Sanitizers. The Act has to be interpreted in a manner to effectuate the very purpose and object of the Act. [Case : Rhea Chakraborty v Union of India and others], 38. no law lists for hobart, launceston or burnie until further notice Raju. 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. v. CONSUMER FINANCIAL PROTECTION BUREAU . Eviction order under Senior Citizens Act cannot defeat rights under Domestic Violence Act. [Case :M. Ravindran vs. Permanent commission for women in Navy and Army. Key pieces of legislation and rules that govern how the Supreme Court of Victoria operates. 3. The Supreme Court upheld the land acquisition notifications for the proposed Chennai -Salem eight lane national highway by holding that prior enviornemntal clearance is not needed at the stage of notification under Section 3A of the National Highways Act. 5. Bench of Justices Arun Mishra, Vineet Saran and M R Shah further re-stated principles governing minority educational institutions under Article 30 of the Constitution, noting that the right conferred on religious and linguistic minorities to administer educational institutions of their choice is not an "absolute right" and is not free of "regulation" from the State. The Court held that Consumer Protection Act 1986 did not empower the Consumer Forum to extend the time beyond the period of 45 days. A Constitution bench comprising Justices Arun Mishra, Indira Banerjee, Vineet Saran, M.R. ), Also Read: "Don't Create Publicity Interest Litigations" SC In Plea Seeking Free Treatment For COVID19 Patients, Also Read: SC Dismisses PIL Seeking GST Exemption For Face Masks & Sanitizers, 19.100% ST Reservations For Teacher Posts In Scheduled Areas Unconstitutional: SC. A division bench comprising Justices D Y Chandrachud and Ajay Rastogi reiterated that the concept of 'ex post facto' Environmental Clearance (EC) is against the fundamental principles of environmental jurisprudence. Supreme Court Special Applications Supplementary Rules 2014—ceased Supreme Court Witness Protection Act Rules 2009 —ceased Terrorism (Police Powers) (Supreme Court) Rules 2006 —ceased "Merely because the informant and the investigating officer is the same, it cannot be said that the investigation is biased and the trial is vitiated", the bench observed while specifically overruling Mohan Lal v. State of Punjab (2018) 17 SCC 627. The Court made this pronouncement in the petitions seeking the removal of Shaheen Bagh protests against CAA-NRC. (Internet and Mobile Association of India vs Reserve Bank of India, In Re: Guidelines For Court Functioning Through Video Conferencing During Covid-19 Pandemic. [100% Reservation Unreasonable] Questions Referred And Answers Given By Constitution Bench, Affluent & Advanced Within SC/ST Not Permitting Reservation Benefits Trickle Down To Needy : SC Calls For List Revision. Justices MR Shah and Justice S. Ravindra Bhat penned separate judgments agreeing with each other. The Court also ordered that no such vehicle, sold after March 31, should be registered. 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. The judgment delivered by a three judge bench in the case Vidya Drolia and others v Durga Trading Enterprises also decides several issues such as tests for arbitrability, who determines arbitrability, scope of enquiry under Sections 8/11, meaning of 'existence of arbitration agreement' etc. The Supreme Court. For any enquiries to the Supreme Court, please visit the. Shah and S. Ravindra Bhat that the time period for filing opposite party's version in Consumer case cannot be extended beyond the period of 45 days prescribed under the Consumer Protection Act. The bench headed by Justice RF Nariman further held that, in a fact-circumstance where the requisite certificate has been applied for from the person or the authority concerned, and the person or authority either refuses to give such certificate, or does not reply to such demand, the party asking for such certificate can apply to the Court for its production under the provisions aforementioned of the Evidence Act, CPC or CrPC. Freedoms Of Speech & Expression, Trade & Commerce Through Medium Of Internet Are Constitutionally Protected : SC In Kashmir Case [Read Judgment], Section 144 CrPC Cannot Be Used As A Tool To Prevent Legitimate Expression Of Opinion: SC [Read Judgment]. Highlighting the immense need to observe social distancing alongside unhindered access to justice, a bench comprising Chief Justice S A Bobde, Justices D Y Chandrachud and L Nageswara Rao issued a slew of directions in order to streamline the functioning of courts via video conferencing. Section 101 of the Patent Act states that any new or useful process is eligible for patenting, but the Supreme Court has carved out “implicit exceptions,” including laws of nature. 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. The Supreme Court harmonized the conflicts between the directions issued by the UGC regarding conduct of final semester exams and the directions issued by the State Disaster Management Authorities in different states to cancel exams in view of the pandemic situation.

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