Non-heterosexual unions and heterosexual marriages ought to be considered as two sides of the same coin, both in terms of recognition and consequential benefits, Supreme Court judge Justice Sanjay Kishan Kaul said as he lamented that the only deficiency at present is the absence of a suitable regulatory framework for such unions.
A five-judge bench of the apex court chaired by Chief Justice D Y Chandrachud sat on a holiday to address the dispute where a defiant judge overruled an order of a division bench that had quashed his direction for a CBI probe and asked the central agency to go ahead with the investigation.
Terming the petitions seeking legal validation of same-sex marriage as one which reflect an "urban elitist" view, the Centre has told the Supreme Court that recognition of marriage is essentially a legislative function which the courts should refrain from deciding.
In another first, the venue of the ceremony was shifted to the newly-built auditorium instead of the CJI's courtroom, the traditional place for such a ceremony.
A five-judge constitution bench headed by Chief Justice DY Chandrachud said the term "administration" with regard to powers of the lieutenant governor cannot be understood as the entire administration of Delhi.
The Supreme Court on Friday refused to stay the Bombay high court order acquitting Delhi University Professor G N Saibaba in a case relating to his alleged Maoist links.
Chief Justice DY Chandrachud, who is heading the five-judge constitution bench which is hearing the matter, also touched upon the notion that only the very highly educated or elitist want fewer children.
"Wishing you a very Happy Birthday @JayShah," Kohli tweeted.
Justice Kohli said the advent of artificial intelligence has caused some concerns amongst the legal fraternity.
More than 30 LGBTQIA++ collectives of law school students have said the Bar Council of India resolution urging the Supreme Court not to deal with pleas seeking legalisation of same sex marriage is 'antithetical' to the Constitution.
Chief Justice of India (CJI) N V Ramana on Wednesday did not permit senior advocates to mention cases for urgent listing in the court presided over by him, saying, "No question of allowing seniors to mention".
The court agreed to re-constitute a five-judge bench to hear pleas after summer vacation.
The verdict will be delivered by a five-judge Constitution bench headed by Chief Justice of India DY Chandrachud.
Indian laws permit an individual to adopt a child irrespective of marital status, the Supreme Court said on Wednesday while asserting that the law recognises there may be situations apart from an "ideal family" having its own biological children.
Low cost airline SpiceJet and Swiss firm Credit Suisse AG on Thursday told the Supreme Court they have resolved their financial dispute. The apex court then permitted SpiceJet to withdraw its appeal against a Madras high court verdict ordering that the airline be wound up on account of alleged non-payment of dues to Credit Suisse AG. "There is a settlement which has taken place on May 23, 2022 as per the consent terms.
Elections in a democracy have their own sanctity and their process cannot be stalled, the Supreme Court said on Wednesday, after a lawyer alleged that voters of Rampur Sadar assembly constituency in Uttar Pradesh were beaten up by the police and forced to confine themselves to their homes during the bypoll held on December 5.
SBI has suggested that banks be exempted from handing over the complete forensic audit report to the borrower as it would hamper future investigation and forewarn the borrower by way of disclosure of confidential information.
We don't go by either "popular morality or segmental morality" but what the Constitution mandates, the Supreme Court observed on Wednesday when an argument was advanced before it that young same-sex couples across the country wanted to get married.
In an unprecedented decision, the Supreme Court Collegium has recommended the names of three women judges for appointment in the apex court which, if cleared, would give the country its first woman Chief Justice of India (CJI) in the form of Justice B V Nagarathna on February 10, 2027.
The Supreme Court on Wednesday set aside a Madras high court order of a CBI probe into allegations of corruption against then chief minister and AIADMK leader Edappadi K Palaniswami in awarding contracts in the state highways department.
The Supreme Court, which is hearing arguments on a batch of pleas seeking legal validation for same-sex marriages, on Wednesday emphasised on the need to finish the matter in a time-bound manner, saying there are other cases waiting to be heard.
He said in order to have a thriving democracy, one must have an independent judiciary because it is through dispute resolution that society is assured of governance by the rule of law.
At present, such a law has been enacted in just eight states to stop illegal conversion while the problem is nationwide, he added.
The Supreme Court on Friday said a plea filed by Union minister Ajay Mishra's son Ashish Mishra seeking bail in a case related to Lakhimpur Kheri violence should be placed before a bench comprising judges who had earlier dealt with the matter.
On November 1, Tiwari had mentioned the matter for urgent listing, and the top court had said it would take up the matter soon.
The Supreme Court on Thursday appointed senior advocate Maninder Singh as an amicus curiae to assist it in the matter related to the Board of Control for Cricket in India and fixed the hearing on the plea of the cricket body for amending its constitution concerning tenure of office bearers on July 28.
The Supreme Court on Wednesday slammed the practice of filing sealed cover reports in courts and said it violates both principles of natural justice and open justice.
A bench headed by Chief Justice N V Ramana took note of the submissions of senior advocate Harish Salve that SpiceJet would try to resolve the issue with the Swiss firm. "Senior counsel Harish Salve sought three weeks' time for trying to resolve the matter and Mr K V Vishwanathan (appearing for the Swiss firm) also agreed to the adjournment. "Meanwhile, the high court order is stayed for three weeks," the bench, also comprising justices A S Bopanna and Hima Kohli, ordered.
Prior to the swearing-in of Justices Hima Kohli, Nagarathna and Bela M Trivedi, only eight women judges, including sitting judge Justice Indira Banerjee, were appointed as apex court judges.
The Supreme Court on Friday refused to refer pleas related to the June 2022 Maharashtra political crisis triggered by the Shiv Sena's division to a seven-judge bench for reconsideration of the 2016 Nabam Rebia judgment.
The Supreme Court on Monday granted interim protection from arrest to Navika Kumar in connection with first information reports (FIRs) lodged against her over controversial remarks made by former Bharatiya Janata Party spokesperson Nupur Sharma on Prophet Muhammad during a TV debate moderated by the news anchor.
President Ram Nath Kovind has signed the warrants of their appointment including that of Justice B V Nagarathna, who is in line to become the first woman CJI in September 2027.
Days after the Supreme Court held as "illegal" the extension of ED Director Sanjay Kumar Mishra's tenure, the Centre on Wednesday moved the apex court seeking modification of its order to allow him to continue in office till October 15 in view of the ongoing FATF review.
The top court said there are serious lapses in the enforcement of the 2013 Prevention of Sexual Harassment Act.
The speaker of Parliament or a legislative assembly can decide on the notice seeking his recusal from dealing with disqualification pleas of lawmakers subject to judicial review and can ascertain whether such applications are bona fide or intended only to evade disciplinary action, the Supreme Court said on Thursday.
It said in a parliamentary democracy, the speaker is an officer of the assembly and performs the function of presiding over the House proceedings and representing the House for all intents and purposes.
The SC bench said that the Yog Guru cannot "abuse the doctors and the systems (of treatment)..It is better to restrain him".
Directing the Centre, states and Union Territories (UTs) to ensure the queer community is not discriminated against, the CJI, who is heading the constitution bench, said queer is a natural phenomenon known for ages and is neither urban nor elitist.
The Supreme Court on Monday expressed displeasure over the delay in hearing the bail plea of Maharashtra's former home minister Anil Deshmukh, arrested in connection with a money laundering case, and directed the Bombay high court to hear and decide his case expeditiously.
The Supreme Court's decision to allow borrowers a chance to be heard before their accounts are flagged as fraudulent by lenders is expected to result in several cases being reopened where the borrower is aggrieved because of such classification, bankers said. Still, the reopening of cases would not be automatic. A borrower who is aggrieved by the 'fraud' classification will have to approach the bank and consequently, the bank will take the necessary steps so that the apex court's order is followed in letter and spirit, they said.
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