Supreme Court has struck down 158 Year Old Section 497 of Indian Penal Code, 1860 (IPC) which criminalizes adultery, as unconstitutional. Writ petition named Joseph Shine v. Union of India was filed under Article 32 of the Constitution of India questioning the validity of Section 497 of IPC. A five-judge Constitution bench observed that, Section 497 is a denial of substantive equality as it perpetuates the subordinate status ascribed to women in marriage and society. Chief Justice of India (CJI) Dipak Misra said adultery can be a ground for divorce but not a criminal offence. CJI Misra and Justice Khanwilkar …
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“Supreme Court Rules: Registrar Cannot Conduct Substantive Review While Cancelling Society’s Registration Under WB Registration Act”
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The Supreme Court of India recently reaffirmed a significant legal principle in a case that revolves around the cancellation of a society’s registration under the West Bengal Registration Act, 1961. This judicial pronouncement upholds the earlier decision of the Calcutta High Court, which drew a clear distinction between two distinct forms of review – substantive and procedural.
At the heart of this matter is the authority of the Registrar of Society to cancel the registration of a society. The West Bengal Registration Act, 1961, governs the registration …
Supreme Court Affirms: Long-Term Contractual Work Does Not Guarantee Right to Regularization
In a recent significant legal pronouncement, the Supreme Court of India has definitively declared that the mere act of working on a contractual basis for an extended duration does not confer upon individuals any vested legal right to seek regularization in their employment. This landmark judgment came into focus as the Apex Court deliberated upon an appeal lodged by individuals who had been appointed at the Shri Guru Govind Singh Institute of Engineering and Technology in contractual capacities since the year 2011. The decision underscores a critical aspect of employment law, elucidating that prolonged contractual engagements, while indicative of sustained …
Supreme Court Upholds the Requirement of Serving Summons with Plaint as Mandated by Order V Rule 2 of Civil Procedure Code
In a recent significant legal pronouncement, the Supreme Court of India has unequivocally affirmed that the service envisaged under Order V Rule 2 of the Code of Civil Procedure, 1908, necessitates not only the delivery of summons but also entails the concurrent service of a copy of the plaint. This pivotal interpretation of the procedural law assumes considerable importance in the context of civil litigation and has far-reaching implications for the legal landscape in the country. The case in question came before a bench comprising Justice Aniruddha Bose and Justice Bela Trivedi, where they were presented with a challenge against …
“Supreme Court Upholds Significance of Eyewitness Accounts Despite Discrepancies With Medical Evidence”
The Supreme Court recently reaffirmed the critical significance of eyewitness testimony in criminal trials, drawing from precedent cases such as Darbara Singh v. State of Punjab (2012) 10 SCC 476 and Anvaruddin v. Shakoor 1990 (3) SCC 266. The Court emphasized the superiority of ocular evidence over the opinions of medical experts, stressing that even if eyewitness accounts lacked intricate details, they held substantial weight in establishing the sequence of events.
In a recent case, Justices Aniruddha Bose and Bela M Trivedi presided over an appeal against a Gujarat High Court decision that had overturned a trial court’s acquittal. The …
“I&B Ministry Informs Supreme Court: NBDA Not Officially Registered With Central Govt Under Cable TV Rules, While NBF Holds Official Recognition”
The Ministry of Information and Broadcasting, in a recent affidavit filed with the Supreme Court, has expressed concern that the News Broadcasters & Digital Association (NBDA) is attempting to establish monopolistic control over the complaint redressal mechanism for news broadcasters, without being held accountable by statutory regulations.
This affidavit was submitted by the Central Government in response to a plea filed by the NBDA, previously known as the News Broadcasters Association, challenging the critical remarks made by the Bombay High Court regarding the self-regulatory mechanism for media. These remarks were made in a January 2021 judgment that addressed various PILs …
“Supreme Court Conveys Astonishment Over High Court’s Decision to Decrease Wife’s Maintenance to Just Rs.1,000 Per Month”
In a recent development, a Division Bench of the Supreme Court expressed profound astonishment while hearing an appeal, as it scrutinized a judgment from the Jharkhand High Court. The High Court decision had significantly reduced the maintenance amount originally awarded by the Trial Court, slashing it from Rs. 5,000 per month to a mere Rs. 1,000 per month. The Supreme Court unequivocally stated that it found no reasonable justification for such a drastic reduction in the maintenance amount.
Justices Vikram Nath and Ahsanuddin Amanullah remarked, “It is shocking that the maintenance amount has been so drastically reduced to a petty …
“Supreme Court Rules: No Pension for Past Service if Central Government Employee Resigns to Assume Another Government Post Without Permission”
The Supreme Court has recently ruled that unauthorized resignation from government service for another government job will result in the forfeiture of past service and pension benefits. This decision came in a case involving a security officer who had resigned from the Central Industrial Security Force (CISF) to join Hindustan Aeronautics Limited (HAL) in 1998. Notably, this ruling is based on the Central Civil Service Pension Rules, 1972 (CCPS Rules), applicable to government servants appointed before 2003.
The Court’s decision drew on its earlier judgment in Union of India v. Braj Nandan Singh (2005) 8 SCC 325, which explicitly stated …
“Supreme Court Declines to Intervene in Cauvery River Dispute, Upholds CWRC Order for Karnataka to Release 5000 Cusecs to Tamil Nadu”
The Supreme Court has declined to interfere with the Cauvery Water Management Authority’s (CWMA) order instructing Karnataka to release 5000 cusecs of water at Biligundlu for a 15-day period, from September 13th to 27th. This order was originally issued by the Cauvery Water Regulatory Committee (CWRC) and upheld by the CWMA. The Court emphasized that these committees consist of water resource and agriculture experts who consider various factors, including water shortages and distress conditions in the Cauvery basin.
Tamil Nadu argued for a larger release, citing eligibility for 7200 cusecs, while Karnataka, facing its own water challenges, complied with the …
“Live Updates from Rajya Sabha on the Women’s Reservation Bill”
Today, the Rajya Sabha is set to deliberate on the Constitution (One Hundred and Twenty-Eight Amendment) Bill 2023, a significant piece of legislation aiming to introduce a 1/3rd reservation for women in both the Lok Sabha and State Legislative Assemblies. This progressive bill received resounding approval in the Lok Sabha yesterday, garnering the support of a 2/3rd majority of the members present and voting, with 454 members in favor and only two members opposing it. Stay tuned to this page for live updates on the proceedings in the Rajya Sabha as this crucial bill is considered and discussed.…