"The open-ended nature of Section 6A has, with the passage time, become more prone to abuse due to the advent of forged documents to establish, inter-alia (among other things), wrong date of entry into Assam, inaccurate lineage, falsified government records created by corrupt officials, dishonest corroboration of the date of entry by other relatives so as to aid illegal immigrants who are otherwise not eligible under Section 6A by virtue of having entered into Assam after March 24,1971," he noted in a separate 127-page dissenting judgment.
Justice Khanna was elevated as an additional judge of the Delhi high court in 2005 and was made a permanent judge in 2006. He was elevated as a judge of the Supreme Court on January 18, 2019.
The Supreme Court referred to a larger bench the legal issues stemming from a plea of BJP leader B S Yediyurappa, including the question whether a prior sanction to prosecute is needed under the Prevention of Corruption Act after a magisterial court order of inquiry. The questions revolve around the interplay between the provisions of the Prevention of Corruption Act and the Code of Criminal Procedure on the issue of prior sanction to prosecute a public servant.
'Given the current dispensation, I have no hope for the legislature passing a law in favour of the LGBTQ community.'
'The state of Gujarat was to my mind 'partisan and over enthusiastic' in the way it dealt with remission applications.'
The Supreme Court of India has sought the government's response on a Public Interest Litigation (PIL) that challenges the appointment process of the Comptroller and Auditor General of India (CAG), arguing it's unconstitutional. The PIL, filed by the Centre for Public Interest Litigation, claims the current process, solely through executive appointment by the Prime Minister, undermines the CAG's independence and violates constitutional principles. The court, while acknowledging the importance of institutional trust, questioned the extent to which it should intervene in the appointment process and whether this would constitute rewriting constitutional provisions. The PIL suggests the CAG's appointment should be similar to other independent bodies, with a selection committee comprising the Prime Minister, Leader of the Opposition, and Chief Justice of India. The case has implications for the independence and transparency of India's audit system.
Senior-most Supreme Court judge Sanjiv Khanna on Wednesday recused himself from considering pleas seeking review of the apex court's judgment last year declining legal recognition to same-sex marriage, sources said.
Section 6A, which was incorporated in the Citizenship Act 1955 following the signing of the 1985 Assam Accord, was upheld by the Supreme Court.
On Monday, Attorney General R Venkataramani, appearing for the Centre, mentioned an interim application before a bench of Chief Justice D Y Chandrachud and Justice J B Pardiwala.
The Supreme Court of India has reprimanded a Karnataka High Court judge for passing an inconsistent verdict, highlighting the crucial importance of consistent judicial outcomes for maintaining public trust. The court emphasized that inconsistent decisions from different benches undermine faith in the judiciary and can lead to "forum shopping" and other unethical practices.
"Considering the importance of the matter, subject to the order of the Chief Justice of India, the matter be placed for final hearing on July 22," the bench said.
The Kashmir issue should be resolved through dialogue and consultation between India and Pakistan, China said on Tuesday while reacting to the Supreme Court judgment on Article 370 upholding the central government's decision on the erstwhile state of Jammu and Kashmir.
Seventeen years after the cash-at-judge's door case rocked the judiciary, a special Central Bureau of Investigation court in Chandigarh on Saturday acquitted former Punjab and Haryana high court judge Nirmal Yadav and four others in the matter.
The court observed that protection of the floodplains aimed to secure the fundamental human right to a clean and healthy environment for Delhi residents and future generations.
Jailed former Pakistan prime minister Imran Khan has invoked the case of Delhi Chief Minister Arvind Kejriwal getting bail to campaign ahead of India's general elections, as he complained before the Supreme Court about the mistreatment meted to him in jail.
'Shoma didn't have the luxury of time. She was already suffering from so many ailments.'
He could have blazed a trail that few Indian judges had. It was a missed opportunity of a lifetime, notes Ramesh Menon.
You have to grow, and grow fast - that's the DNA of the JSW group, chairman Sajjan Jindal said as JSW Cement made its debut on the stock market mid-August. The remark captured not just the moment but also the momentum of JSW's growth story.
On the basis of her committee's report, the UCC in Uttarakhand established mandatory registration for marriages and live-in relationships, banned polygamy, and provided equal inheritance rights for women.
The Supreme Court of India has dismissed a plea filed by the legal heir of former Tamil Nadu chief minister J Jayalalithaa seeking the return of properties confiscated in a corruption case against her. The court stated that the abatement of proceedings due to her death did not mean she was acquitted of the crime. The court upheld the confiscation of her properties, including her iconic residence, Veda Nilayam, land parcels, estates, bank deposits, and other assets, which will be transferred to the Tamil Nadu government.
A magistrate's court in Mumbai, which denied permission for subjecting dismissed RPF constable Chetansinh Chaudhary, accused of shooting four persons dead on a moving train, to narco tests has said in its reasoning that to remain silent is an accused person's fundamental right.
'Under the circumstances, this announcement may remain limited to bravado and little else, adding momentum to Imran's narrative of victimhood,' points out Rana Banerji, who headed the Pakistan desk at RA&W.
'Digital courts will alleviate congestion in traditional courts.'
The Supreme Court on Monday refused to grant interim stay on a Delhi high court judgment holding senior advocates R K Anand and I U Khan guilty of contempt of court for trying to influence a key witness in the BMW hit-and-run case. A bench headed by Justice B N Agrawal, however, admitted the appeal filed by them and issued notices to respondents.
The Allahabad High Court has ruled that couples who marry against the wishes of their parents cannot automatically claim police protection unless there is a real threat to their life and liberty. The court emphasized that such couples must "learn to support each other and face the society" in the absence of any threat perception.
The Supreme Court Registry is learnt to have refused to accept the Centre's plea seeking modification of its 2012 verdict in the 2G spectrum case which had said the State was duty bound to adopt the auction route while transferring or alienating the country's natural resources.
On a day when both the West Bengal government and the Central Bureau of Investigation (CBI) moved the Calcutta high court for admission of their appeals seeking capital punishment for RG Kar hospital rape-murder convict Sanjay Roy, a counsel for the victim's parents claimed that the family does not want death penalty for him.
US e-commerce giant Amazon has written to Ajay Tyagi, chairman of market regulator Securities and Exchange Board of India (Sebi), to take action as is necessary to comply with the Supreme Court Judgment, related to the $3.4-billion merger deal between Future Group and Reliance. Amazon has requested Sebi to direct the Indian stock exchanges to withdraw the Observation Letters related to this deal with immediate effect. In January this year, Sebi had given a go-ahead onto Future Group's scheme of arrangement and sale of assets to Reliance, based on which the Bombay Stock Exchange also granted its "no adverse observation" report to the Rs 24,713-crore ($3.4 billion) deal.
A seven-judge Constitution bench headed by Chief Justice D Y Chandrachud, by a majority of 6:1, set aside the apex court's five-judge bench verdict of 2014 in the EV Chinnaiah vs State of Andhra Pradesh case which had held that no sub-classification of Scheduled Castes (SCs) can be allowed as they are a homogeneous class in themselves.
The Bombay High Court has ruled that Pushpa Ganediwala, the former HC judge who had faced criticism for a series of controversial judgments in POCSO Act cases, is entitled to receive pension on par with a high court judge. Ganediwala was demoted as district sessions judge at the end of her additional judgeship in 2022 following an uproar over some judgments passed by her on the interpretation of what constitutes a sexual assault under the Protection of Children from Sexual Offences (POCSO) Act. She had filed a petition challenging a communication issued by the HC registrar declaring that she was not eligible for pension of a HC judge. The court quashed the communication and directed the registry to fix her pension with 6% interest from February 2022.
'This bitterness will be more in Jammu area than in Kashmir.'
The Supreme Court has ordered the sacking of a trial court judge in Karnataka, holding that a judicial officer cannot pronounce the concluding portion of a judgment in the open court without the entire text of the judgment having been prepared or dictated.
The matter came up for hearing on Friday before a vacation bench of justices Vikram Nath and SVN Bhatti, which allowed the petitioner to withdraw the plea.
A seven-judge Constitution bench comprising Chief Justice DY Chandrachud and Justices BR Gavai, Vikram Nath, Bela Trivedi, Pankaj Mithal, Manoj Misra and Satish Chandra Sharma said there is no error apparent on the face of the record.
A five-judge Constitution bench headed by Justice S A Nazeer, who will retire on January 4, is likely to pronounce its verdict on the matter on the said date.
A bench of Justices Sanjiv Khanna and Sanjay Kumar termed the plea as "absolutely misconceived" and said how can it sit in appeal over an order passed by another bench of the apex court.
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)".
The Supreme Court of India has agreed to hear on May 6 the pleas of the Kerala government against the governor over the delay in approving bills passed by the state assembly. The court will consider whether the issues raised in the Kerala petition are covered by a recent judgment on a similar plea by Tamil Nadu, which set timelines for governors and the President on granting assent to bills.
The Delhi government is embroiled in multiple litigations with the Lieutenant Governor in the Supreme Court including its plea challenging the Centre's law establishing pre-eminence of the LG over the elected dispensation in controlling services in the national capital.
35,493 brides were killed in India between 2017 and 2022 -- averaging nearly 20 deaths a day -- over dowry demands, sometimes occurring even years after the wedding.
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