News for 'constitutional validity'

Delhi vs Centre: SC defers swearing in of DERC chairperson

Delhi vs Centre: SC defers swearing in of DERC chairperson

Rediff.com4 Jul 2023

The Supreme Court on Tuesday deferred the oath taking of Delhi Electricity Regulatory Commission (DERC) chairperson-designate Justice (retd) Umesh Kumar, while deciding to examine the constitutional validity of a provision of the Centre's recent ordinance governing such an appointment.

Sebi to erect 'building blocks' to wall in finfluencers

Sebi to erect 'building blocks' to wall in finfluencers

Rediff.com13 Mar 2024

Before framing regulations to curb 'misleading' messages and stock recommendations by finfluencers (a portmanteau of the phrase 'financial influencers'), the market regulator plans to put in place some 'building blocks' to ensure smooth enforcement. Madhabi Puri Buch, chairperson of Securities and Exchange Board of India (Sebi), is of the view that the 'traditional approach may not work' to rein in finfluencers. "There are many interlinked pieces in our regulations - investment advisor regulations, research analyst regulations, the fact that we don't have algorithmic (algo)-related regulations, what brokers are permitted to do, and what is incidental advice.

SC quashes part of 97th Constitutional amendment on cooperatives

SC quashes part of 97th Constitutional amendment on cooperatives

Rediff.com20 Jul 2021

The 97th constitutional amendment, which dealt with issues related to effective management of co-operative societies in the country was passed by Parliament in December 2011 and had come into effect from February 15, 2012. The change in the Constitution has amended Article 19(1)(c) to give protection to the cooperatives and inserted Article 43 B and Part IX B, relating to them.

Selling Undivided Property? Read This

Selling Undivided Property? Read This

Rediff.com6 Nov 2024

'Ensure that all property-related documents are up-to-date.' 'Relying on outdated documents can create legal complications.'

SC to consider early listing of pleas against scrapping Article 370

SC to consider early listing of pleas against scrapping Article 370

Rediff.com17 Feb 2023

The Supreme Court on Friday said it will take a decision on the early listing of petitions challenging the Centre's decision to abrogate provisions of Article 370 which had given a special status to Jammu and Kashmir.

SC concludes hearing on 10 pc quota for EWS, reserves verdict

SC concludes hearing on 10 pc quota for EWS, reserves verdict

Rediff.com27 Sep 2022

The Supreme Court on Tuesday reserved its verdict on a batch of pleas challenging the validity of the 103rd Constitution amendment providing 10 per cent reservation to economically weaker sections (EWS) persons in admissions and government jobs.

Outgoing SC judge Justice Nazeer was part of several landmark verdicts

Outgoing SC judge Justice Nazeer was part of several landmark verdicts

Rediff.com4 Jan 2023

Justice Nazeer, along with then Chief Justice of India J S Khehar, was in minority in the 'triple talaq' judgement which was delivered in August 2017.

SC grants interim bail to Kejriwal, questions need for arrest under PMLA

SC grants interim bail to Kejriwal, questions need for arrest under PMLA

Rediff.com12 Jul 2024

A bench of justices Sanjiv Khanna and Dipankar Datta referred to a larger bench, preferably of five judges, for in-depth consideration of three questions on the aspect of "need and necessity of arrest" under the Prevention of Money Laundering Act (PMLA).

SC bench to examine Parliament's lawmaking power for Delhi

SC bench to examine Parliament's lawmaking power for Delhi

Rediff.com21 Jul 2023

The top court, which on Thursday referred to a constitution bench the Delhi government's plea challenging the ordinance, framed two legal questions in its 10-page order to be dealt by a larger bench on the ordinance which set off a fresh tussle between the two power centres.

Govt at advanced stage of 're-examining' sedition law: Centre to SC

Govt at advanced stage of 're-examining' sedition law: Centre to SC

Rediff.com1 May 2023

Sedition, which provides a maximum jail term of life under Section 124A of the IPC for creating "disaffection towards the government", was brought into the penal code in 1890, 57 years before Independence and almost 30 years after the IPC came into being.

Internet constitutional right, says SC; orders review of all J-K curbs

Internet constitutional right, says SC; orders review of all J-K curbs

Rediff.com10 Jan 2020

The top court pronounced the verdict on a number of petitions challenging the restrictions and internet blockade imposed in Jammu and Kashmir after the abrogation of Article 370 in August last year. The court heard the petitions filed by various petitioners including Congress leader Ghulam Nabi Azad and Kashmir Times editor Anuradha Bhasin.

Bail is rule, jail exception even in money-laundering cases: SC

Bail is rule, jail exception even in money-laundering cases: SC

Rediff.com28 Aug 2024

Citing the enduring legal principle that "bail is the rule and jail is the exception", a bench of Justices BR Gavai and KV Viswanathan granted bail to Prem Prakash, an aide of Jharkhand Chief Minister Hemant Soren, in a money laundering case related to an alleged land scam.

Review petition in SC against its Aadhaar verdict

Review petition in SC against its Aadhaar verdict

Rediff.com24 Dec 2018

Senior advocate Indira Jaising said the review petition has been filed against the September 26 verdict of the five-judge constitution bench which had said there was nothing in the Aadhaar Act that violated right to privacy of an individual.

Another plea challenging Places of Worship Act filed in SC

Another plea challenging Places of Worship Act filed in SC

Rediff.com28 May 2022

The plea, filed by a religious guru based in Mathura, Devkinandan Thakur, has challenged the constitutional validity of Sections 2, 3, and 4 of the Places of Worship (Special Provisions) Act 1991, stating that it offends Articles 14, 15, 21, 25, 26, 29 of the Indian constitution and violates the principles of secularism and the rule of law, which is an integral part of the Preamble and basic structure of the Constitution.

Can Kejriwal Reconnect With Delhi Voters?

Can Kejriwal Reconnect With Delhi Voters?

Rediff.com24 Sep 2024

As leaders in both the BJP and Congress concede, neither has within their parties a leader to match Arvind Kejriwal's charisma in Delhi.

Arrest under PMLA can't be on officer's whims and fancies: SC

Arrest under PMLA can't be on officer's whims and fancies: SC

Rediff.com12 Jul 2024

The bench said the ED officers acting under the Section 19(1) of the Prevention of Money Laundering Act (PMLA) cannot ignore or not consider the material which exonerates the arrestee.

SC sets aside Calcutta HC's 'control sexual urges' verdict

SC sets aside Calcutta HC's 'control sexual urges' verdict

Rediff.com20 Aug 2024

The Supreme Court on Tuesday set aside an order of the Calcutta high court in which it acquitted an accused in a sexual assault case and made 'objectionable' observations advising adolescent girls to 'control sexual urges'.

HC upholds TRAI order lowering price of TV channels

HC upholds TRAI order lowering price of TV channels

Rediff.com30 Jun 2021

A division bench of Justices Amjad Sayyed and Anuja Prabhudessai passed the judgment on a bunch of petitions filed by several broadcasters, like the Indian Broadcasting Foundation, a representative body of TV broadcasters, the Film and Television Producers Guild of India, Zee Entertainment Ltd and Sony Pictures Network India.

'Next DGP Must Only Be According To Seniority'

'Next DGP Must Only Be According To Seniority'

Rediff.com4 Nov 2024

'If you want to have fair elections you should have an officer, who is appointed as per the rules laid down for such appointments, which is based on seniority.'

'Governor has set a very dangerous precedent'

'Governor has set a very dangerous precedent'

Rediff.com30 Jun 2023

'If it is repeated by other governors, then no government will be safe.'

SC allows states to recover royalty on minerals from 2005

SC allows states to recover royalty on minerals from 2005

Rediff.com14 Aug 2024

The Supreme Court on Wednesday rejected the Centre's plea for prospective effect of its July 25 verdict, which upheld the power of states to levy tax on mineral rights and mineral-bearing land, and allowed them to seek refund of royalty from April 1, 2005 onwards.

Homosexuality 'not elitist': CJI disagrees with Centre

Homosexuality 'not elitist': CJI disagrees with Centre

Rediff.com17 Oct 2023

Disagreeing with the Centre's submission that the petitions seeking legal validation of same-sex marriage reflected an 'urban elitist' view, Chief Justice of India D Y Chandrachud said on Tuesday queerness is not urban or elite, or restricted to upper classes and privileged communities.

Attempt To Ban Imran, Storm In A Tea Cup?

Attempt To Ban Imran, Storm In A Tea Cup?

Rediff.com16 Jul 2024

'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.

SC orders release of YouTuber at once after TN revokes his detention

SC orders release of YouTuber at once after TN revokes his detention

Rediff.com25 Sep 2024

The top court's order came after the Tamil Nadu government apprised it of the state having revoked his detention order following the opinion of an advisory board on the issue.

Coldplay Concert Controversy: Cases Filed

Coldplay Concert Controversy: Cases Filed

Rediff.com25 Sep 2024

'We have filed a complaint with the police authorities.'

How To Avoid Motor Insurance Claim Rejection

How To Avoid Motor Insurance Claim Rejection

Rediff.com18 Jun 2024

Do not get repair work started without informing the insurer as the latter like to carry out end-to-end verification of damages and documents before approving a claim.

How OCIs Are Taxed

How OCIs Are Taxed

Rediff.com18 Sep 2024

'Any earnings, regardless of location, will be subject to Indian income tax.'

SC questions immigrants' impact on Assam's demography, culture, seeks data

SC questions immigrants' impact on Assam's demography, culture, seeks data

Rediff.com5 Dec 2023

The Supreme Court on Tuesday sought data on the beneficiaries of Section 6A of the Citizenship Act in Assam, saying there was no material before it which could indicate that the effect of granting Indian citizenship to Bangladeshi immigrants between 1966 and 1971 was so great that it impacted the demographic and cultural identity of the border state.

No Indian loses citizenship due to CAA: Amit Shah

No Indian loses citizenship due to CAA: Amit Shah

Rediff.com13 Mar 2024

Prime Minister Narendra Modi has honoured Hindu, Buddhist, Sikh and Jain refugees by giving them citizenship through Citizenship (Amendment) Act (CAA), Union home minister Amit Shah said on Tuesday and maintained there is no provision of stripping of anyone's citizenship in the new law.

Maratha Quota Row: Not An Easy Puzzle To Solve

Maratha Quota Row: Not An Easy Puzzle To Solve

Rediff.com18 Nov 2023

The BJP cannot afford to alienate the OBCs, who have explicitly voiced their opposition to the Maratha quota.

State has duty to recognise queer unions, says CJI Chandrachud

State has duty to recognise queer unions, says CJI Chandrachud

Rediff.com18 Oct 2023

Chief Justice of India D Y Chandrachud on Tuesday said the State has an obligation to recognise unions entered into by queer couples and grant them benefit under the law.

SC reverses 2018 verdict on automatic vacation of stay orders by courts

SC reverses 2018 verdict on automatic vacation of stay orders by courts

Rediff.com1 Mar 2024

The bench, which also comprised justices AS Oka, JB Pardiwala, Pankaj Mithal and Manoj Misra, pronounced two separate but concurring judgements in the matter.

Govt seeks more time to file replies, SC puts off CAA hearing to Oct 31

Govt seeks more time to file replies, SC puts off CAA hearing to Oct 31

Rediff.com12 Sep 2022

The Supreme Court on Monday said it will hear on October 31 a batch of pleas challenging the constitutional validity of the Citizenship (Amendment) Act (CAA) which seeks to grant citizenship to non-Muslim migrants fleeing religious persecution in Pakistan, Bangladesh and Afghanistan who entered India on or before December 31, 2014.

Plea in SC against Centre's move on Ayodhya land

Plea in SC against Centre's move on Ayodhya land

Rediff.com4 Feb 2019

The plea contended that Parliament has no legislative competence to acquire land belonging to the state.

Mahua Moitra's expulsion plea not maintainable: LS secretariat to SC

Mahua Moitra's expulsion plea not maintainable: LS secretariat to SC

Rediff.com12 Mar 2024

It referred to Article 105 of the Constitution which deals with powers, privileges etc, of the Houses of Parliament and of the members and committees thereof.

SC allows Shourie, Bhushan, Ram to withdraw plea against contempt law

SC allows Shourie, Bhushan, Ram to withdraw plea against contempt law

Rediff.com13 Aug 2020

A bench headed by Justice Arun Mishra was informed by senior advocate Rajeev Dhavan, who was representing the petitioners, that they want to withdraw the plea as several petitions on the same issue are pending before the apex court and they don't want 'this to be entangled' with them.

Plea in SC against Bihar caste survey, says state has no power to conduct it

Plea in SC against Bihar caste survey, says state has no power to conduct it

Rediff.com3 Aug 2023

The plea filed by Nalanda resident Akhilesh Kumar submitted that in terms of the constitutional mandate, only the Union government is empowered to conduct a census.

SC to consider hearing PIL challenging use of EVMs

SC to consider hearing PIL challenging use of EVMs

Rediff.com19 Jan 2022

The Supreme Court Wednesday agreed to consider listing a public interest litigation (PIL) challenging the Constitutional validity of a provision of the Representation of People Act which had led to the introduction of electronic voting machines (EVMs) instead of ballot papers for polls in the country.

Govt must be given leeway to save nation: SC on Sec 6A of citizenship law

Govt must be given leeway to save nation: SC on Sec 6A of citizenship law

Rediff.com7 Dec 2023

Referring to section 6A of the Citizenship Act applicable exclusively to Assam, a five-judge constitution bench headed by Chief Justice DY Chandrachud said governments have to make compromises for the overall well-being of the nation.

Why India Will Like Shigeru Ishiba

Why India Will Like Shigeru Ishiba

Rediff.com4 Oct 2024

Shigeru Ishiba is expected to prioritise strengthening Japan's military capabilities and fostering deeper international partnerships, particularly with India, with whom Japan shares significant strategic interests, explains Dr Rajaram Panda.