The bench wondered if it struck down the immunity clause in the penal codes then the offence will be covered under the main provision on rape or "can the court create a separate offence or adjudicate the validity of the exception (clause)".
Speaking at a function organised by the National Legal Services Authority (NALSA) to observe the "Legal Services Day", CJI NV Ramana said students, educated in law, are empowered to be the voices of vulnerable and marginalised sections of the society. "Your decision to join the legal aid movement will pave the path for a great career. This will help you inculcate empathy, understanding and a sense of selflessness. Remember, unlike other professions, the legal profession is not about profit maximization, but about service to the society," the CJI said.
Chief Justice of India N V Ramana on Thursday said the government not giving priority to the medical sector and its problems such as insufficient number of professionals and infrastructure are 'issues of immediate concern' as he lamented that doctors are brutally attacked on duty for someone else's failure.
Cameras were focused on Chief Justice of India Justice Dr Dhananjay Yeshwant Chandrachud at the Independence Day event at the Red Fort in New Delhi on Tuesday morning.
Mufti said the fundamental rights enshrined in the Indian Constitution and guaranteed to all Indian citizens "are being brazenly impinged upon".
"I don't want you to cry but with anger, you have to shout and demand that we need 50 per cent reservation," the CJI said.
In 1997, the seven-judge bench ruled that the Centre had the regulatory power over the production of industrial alcohol. The case was referred to the nine-judge bench in 2010.
The interesting fact was revealed to public for the first time by the Supreme Court Bar Association president and senior advocate Vikas Singh during his address on occasion of the farewell ceremony for the CJI.
There was no occasion for the woman to interact directly with the CJI, notes Supreme Court Secretary General S S Kalgaonkar.
Justice Ramana said that he took up the issues concerning the appointment of judges and infrastructure during his term and hoped that he stood up to the expectations of the legal fraternity.
The accused, Tapas Ghosh, 49, was arrested on Tuesday night. A Special Investigation Team (SIT) is looking into the matter under the supervision of DCP Vinita Sahu, said Nagpur commissioner of police (CP) Amitesh Kumar.
The Supreme Court on Friday termed as "unwarranted and extraneous" the Madras high court directive to YouTuber Felix Jerald to close down his channel as one of the bail conditions.
The Supreme Court on Friday asked the Centre to provide information about the numbers and names reiterated by the apex court Collegium for appointment as judges in higher judiciary with reasons why they were not considered so far and at what level they were pending.
Chief Justice of India S A Bobde on Thursday said that nothing is conferred as right of freedom of speech in 'absolute and untrammelled terms' and the framers of the Constitution have struck a resilient balance between liberty and the rights and conditions on which the states can deny it.
The Supreme Court on Friday got irked over a lengthy judgement penned by a single judge bench of the Delhi high court in a case related to an arbitral award involving media baron Kalanithi Maran and SpiceJet, saying there was no "application of mind". Suggesting that the case be now transferred to another judge by the Delhi HC, the top court said the judgement "has to be carefully articulated" and "the judge must apply mind to grounds of challenge and then deduce if interference is warranted". The strong observations against the single judge bench came from a bench headed by Chief Justice D Y Chandrachud during the hearing of an appeal by Kalanithi Maran and Kal Airways against a Delhi high court order setting aside an arbitral award asking the SpiceJet to refund Rs 579 crore plus interest to the media baron and his firm.
The Supreme Court on Friday observed the 1976 amendment to the Constitution adding terms 'socialist', 'secular' and 'integrity' to the Preamble underwent judicial reviews and it cannot say whatever Parliament did during the emergency period was all nullity.
Bhushan submitted that his tweet about Chief Justice of India riding a motorbike was to underline his anguish at the non-physical functioning of the Supreme Court for last more than three months, with hardly any cases being heard.
Speaking in the Delhi Assembly on Wednesday, Chief Minister and Aam Aadmi Party convenor Arvind Kejriwal slammed the Bharatiya Janata Party over the Supreme Court overturning the outcome of the Chandigarh mayoral poll.
A bench headed by Justice Sanjay Kishan Kaul said that nearly two years have passed and the possibility of retrieving electronic records is very less in the probe.
Justice Gogoi's tenure as judge and as CJI was marked by some controversies and personal allegations but that never came in his way of his judicial work that was reflected in the last few days when benches headed by him delivered some path-breaking judgments.
Citizens' voices cannot be throttled by a threat of destroying their properties and 'bulldozer justice' is simply unacceptable under the rule of law, the Supreme Court has said.
On February 1, grappling with the intractable issue of the AMU's minority status, the top court said the 1981 amendment to the AMU Act, which effectively accorded it a minority status, only did a "half-hearted job" and did not restore the institution the position it had prior to 1951.
'One of the major challenges to the protection of rule of law and human rights is the inability of the formal justice system to deliver speedy and affordable justice to all'
The CJI said that to keep police excesses in check, dissemination of information about the constitutional right to legal aid and availability of free legal aid services is necessary.
The judgment from a five-judge Constitution bench, led by Chief Justice DY Chandrachud, offers clarity on licensing regulations and is expected to prevent insurance companies from rejecting claims based on the type of licence of drivers involved in accidents.
The high court erred in holding that the law was violative of the principle of secularism, said a bench comprising Chief Justice of India D Y Chandrachud and Justices J B Pardiwala and Manoj Misra.
A bench comprising Chief Justice DY Chandrachud and Justices JB Pardiwala and Manoj Misra said Indian firms, involved in the export of arms and equipment to Israel, may be sued for breach of contractual obligations if they are stopped by it from supplying.
While some hailed it, others questioned it raising a controversy by saying Justice Bobde was neither wearing a mask nor a helmet.
Under the Bhartiya Nyaya Sanhita, exception 2 to Section 63 (rape) says that 'sexual intercourse or sexual acts by a man with his own wife, the wife not being under eighteen years of age, is not rape'.
In a viral video of the court proceedings, the judge was seen reprimanding a woman lawyer on Thursday and reportedly made some objectionable comments.
The legal battle over the alleged infringement of trademark of whisky brands witnessed an unusual sight in the Supreme Court as liquor bottles were placed before the country's highest court.
Justice Bhushan, who was elevated as an apex court judge on May 13, 2016, was part of several landmark judgements including the November 2019 verdict by a five-judge Constitution bench which cleared the way for construction of Ram Temple at the disputed site at Ayodhya and directed the Centre to allot a five-acre plot to Sunni Waqf Board for building a mosque.
Justice Lalit said, "The element was purely based on circumstantial evidence. Law is clear that facts must point only in direction of the guilt of that man, unless and until that guilt is completely established, circumstantial evidence case theory is not to be accepted."
The observations were made by a bench comprising Chief Justice DY Chandrachud and Justice Manoj Misra during the hearing of an appeal filed by the City and Industrial Development Corporation, Navi Mumbai against a Bombay high court verdict.
What sustains judicial institutions in the long run is the sense of compassion, sense of empathy and ability to answer cries of citizens, he said.
Justice Bobde, who decided several key cases during his tenure including the historic Ayodhya verdict, was administered oath as the 47th CJI in November 2019 and retired on Friday.
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.
Within a span of little over a month since Chief Justice D Y Chandrachud assumed office, the Supreme Court has disposed of 6,844 cases, including 2,511 bail and transfer petitions, sources said.
A five-judge bench headed by Chief Justice DY Chandrachud considered the pleas in chambers and dismissed applications for listing of the review petition in open Court.
The Supreme Court on Tuesday dismissed the pleas seeking cancellation and re-test of the controversy-ridden National Eligibility-cum-Entrance Test-Undergraduate (NEET-UG) 2024, holding that there was no data on record to indicate a systemic leak of question paper and other malpractices.
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