'A marriage is not an event for 'song and dance' and 'wining and dining' or an occasion to demand and exchange dowry and gifts by undue pressure leading to possible initiation of criminal proceedings thereafter'
The Gujarat government has said the apex court's observation in the January 8 judgment, holding the state guilty of "usurpation of power" and "abuse of discretion" for complying with an order of another top court bench, was an "error apparent on the face of the record" primarily on three grounds.
Chief Justice of India D Y Chandrachud has constituted an all-woman bench comprising Justices Hima Kohli and Bela M Trivedi to hear transfer petitions involving matrimonial disputes and bail matters on Thursday.
A bench of Justices B V Nagarathna and Ujjal Bhuyan said the reasons cited by the convicts have no merits.
"When an authority does not have the jurisdiction to deal with a matter or it is not within the powers of the authority i.e. the State of Gujarat in the instant case, to be the appropriate Government to pass orders of remission under Section 432 of the CrPC, the orders of remission would have no legs to stand," it added.
The Supreme Court has told a couple, who are software engineers seeking divorce, why don't they give a second chance to the marriage as both of them were not able to devote time to their union.
The Supreme Court is scheduled to resume hearing on Thursday a clutch of petitions challenging the remission granted to all 11 convicts in the Bilkis Bano gang-rape case and murder of seven of her family members during the 2002 Gujarat riots.
The Gujarat government was "complicit and acted in tandem with one of the convicts", the SC said.
Additional Solicitor General Aishwarya Bhati, appearing for the Centre, informed the bench that the issue of single unmarried women opting for surrogacy is pending before a larger bench.
The top court said the faith of people in the efficacy of law is the saviour and succour for the sustenance of the rule of law.
'The Supreme Court has now demonstrated its capacity to right its own wrongs, and to place the rule of law above all else.'
The top court said nowadays everything is driven by TRP (television rating point) and channels are competing with each other and creating a division in society.
It is not clear whether the two judgements will be concurring or dissenting.
The common man in India is bogged down by corruption and there is a need to fix accountability at all levels, the Supreme Court observed on Friday as it dealt with a petition seeking debarment of those against whom charges have been framed in criminal cases from contesting elections.
The Supreme Court on Monday held as maintainable the PIL filed by Bilkis Bano, who was gang-raped while seven of her family members were killed during the 2002 communal riots in Gujarat, against the state government's decision to grant remission to 11 convicts in the case.
The plea came up for hearing before a bench comprising Justices B V Nagarathna and Ujjal Bhuyan.
The Supreme Court on Wednesday ordered the removal of reference to the Sikkimese-Nepalese as "people of foreign origin" from its January 13 verdict on tax exemption in Sikkim, following a plea by the Centre and others for modification.
Earlier, senior advocate A M Singhvi, appearing for the former Lakshadweep MP, had submitted that the person has not been reinstated as an MP despite his conviction and sentence being stayed by the high court.
'It's not really going to bring about purity in the election process.'
The bench said the petition has relied on a March 2 verdict of the apex court which had ruled that the appointment of the Chief Election Commissioner and ECs will be done by the President on the recommendation of a committee, comprising the prime minister, Leader of the Opposition in Lok Sabha and the CJI, to maintain the "purity of election".
The Supreme Court on Tuesday deferred to May 9 the hearing on a batch of pleas challenging the remission granted to the 11 convicts last year in the case of gangrape of Bilkis Bano and murder of her family members during the 2002 post-Godhra riots.
A bench of justices KM Joseph and BV Nagarathna deferred the matter after lawyer Ashwini Upadhyay mentioned it saying it be heard on April 5 or 6 as it was unlikely to be heard during the day.
There are some convicts who are "more privileged", the Supreme Court said on Thursday while hearing pleas challenging the grant of remissions to 11 convicts in the Bilkis Bano gangrape case and the murder of seven of her family members during the 2002 Gujarat riots.
The Supreme Court on Tuesday granted anticipatory bail to businessman Raj Kundra and others, including actors Sherlyn Chopra and Poonam Pandey, in connection with an FIR against them for allegedly distributing pornographic videos.
Justice B V Nagarathna, however, said such statements can be vicariously attributed to the government in case a minister makes disparaging statements in his "official capacity".
A bench of Justices KM Joseph and BV Nagarathna said from the records tabled before the court it appears that the Karnataka government's decision is based on "absolutely fallacious assumption".
A bench of Justices BV Nagarathna and Prashant Kumar Mishra noted, in accordance with its May 9 order, notices have been published in local newspapers, including those in Gujarati and English, against the convicts who could not be served (the notice).
The Supreme Court on Tuesday took serious exception to political statements being made on the sub-judice matter related to the withdrawal of four percent Muslim quota in Karnataka, saying "some sanctity needs to be maintained".
It is for the first time in the history of the apex court that nine judges took oath of office at one go.
The Supreme Court on Thursday said a public servant can be convicted for illegal gratification in a corruption case on the basis of circumstantial evidence when there is no direct oral or documentary evidence against them.
The litigation in the present case relates to the existence of two birth certificates of Abdullah Azam who allegedly gave the wrong date of birth while filing his nomination papers for the 2017 poll.
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.
Commencing arguments on the plea challenging the remission granted last year to all the 11 convicts, advocate Shobha Gupta, appearing for Bilkis Bano, submitted she was brutally gang-raped while she was pregnant and her first child was smashed with a rock to death.
In a special sitting on a Saturday, a bench of Justices B V Nagarathna and Ujjal Bhuyan observed that there should be a sense of urgency in such cases and not a 'lackadaisical attitude' of treating the matter as any normal case and just adjourning it.
The Supreme Court on Monday deferred to August 14 its hearing on CPI-M leader Brinda Karat's plea related to non-registration of FIRs against BJP MPs Anurag Thakur and Pravesh Verma for their alleged hate speeches in connection with the anti-CAA protests.
"Why are our jails overcrowded? Why is the the policy of remission being applied selectively?"
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.
The submissions were made in an affidavit filed in response to a batch of pleas challenging the Centre's 2016 demonetisation decision.
During the hearing, the bench observed prima facie the magistrate's stand that sanction was required for lodging FIRs against the two BJP leaders was not correct.
Observing that pregnancy outside marriage is injurious and a cause of stress, the Supreme Court on Monday allowed a rape survivor to undergo medical termination of her over 27-week pregnancy.
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