Judicial Decision Does Not Infringe Fundamental Rights : Supreme Court
https://www.livelaw.in/top-stories/judicial-decision-does-not-infringe-fundamental-rights-supreme-court-250128
https://www.livelaw.in/top-stories/judicial-decision-does-not-infringe-fundamental-rights-supreme-court-250128
www.livelaw.in
Judicial Decision Does Not Infringe Fundamental Rights : Supreme Court
The Supreme Court recently reiterated the principle that a judicial decision cannot be challenged as infringing fundamental rights.The Court noted that it has been laid down in Naresh Shridhar...
π1
ππΌπΎπΈπ βπββπΌβπ πΈπ½π½πΈπβπ πΉπͺ- βππ₯π¦π£ππ ππ¦π€π₯πππ β’
Judicial Decision Does Not Infringe Fundamental Rights : Supreme Court https://www.livelaw.in/top-stories/judicial-decision-does-not-infringe-fundamental-rights-supreme-court-250128
Supreme Court has no power of superintendence over High Courts
Dismissing the writ petition, the Supreme Court observed :
"There is no provision in Chapter-IV (titled The Union Judiciary) under Part-V (The Union) of the Constitution of India which, in terms similar to Article 227 of the Constitution (Power of superintendence over all courts by the High Court) under Chapter-V thereof, confers power of superintendence on the Supreme Court over the High Courts."
π‘The Court referred to the precedent in
which held that in our constitutional scheme there is a clear division of jurisdiction between the two institutions (Supreme Court and High Courts) and both the institutions need to have mutual respect for each other.
The Court noted that it has been laid down in Naresh Shridhar Mirajkar Vs. State of Maharashtra that "a judicial decision rendered by a Judge of competent jurisdiction ( jurisdiction due to writ of certiorari and prohibition in Article 32) in or in relation to a matter brought before him does not infringe a Fundamental Right."
#case_brief β
@CurrentLegalGK
Dismissing the writ petition, the Supreme Court observed :
"There is no provision in Chapter-IV (titled The Union Judiciary) under Part-V (The Union) of the Constitution of India which, in terms similar to Article 227 of the Constitution (Power of superintendence over all courts by the High Court) under Chapter-V thereof, confers power of superintendence on the Supreme Court over the High Courts."
π‘The Court referred to the precedent in
Tirupati Balaji Developers (P) Ltd. Vs. State of Bihar 2004
which held that in our constitutional scheme there is a clear division of jurisdiction between the two institutions (Supreme Court and High Courts) and both the institutions need to have mutual respect for each other.
The Court noted that it has been laid down in Naresh Shridhar Mirajkar Vs. State of Maharashtra that "a judicial decision rendered by a Judge of competent jurisdiction ( jurisdiction due to writ of certiorari and prohibition in Article 32) in or in relation to a matter brought before him does not infringe a Fundamental Right."
#case_brief β
Ganpat @ Ganapat v. State of Uttar Pradesh 2024
@CurrentLegalGK
π8π₯7
NationalAnthem(E)_2.pdf
19.8 KB
π¨ββοΈ National Anthem rules
It is not possible to give an exhaustive list of occasions on which the singing (as distinct from playing) of the Anthem can be permitted. But there is no objection to the singing of the Anthem accompanied by mass singing so long as it is done with due respect as a salutation to the motherland and proper decorum is maintained.
@CurrentLegalGK
It is not possible to give an exhaustive list of occasions on which the singing (as distinct from playing) of the Anthem can be permitted. But there is no objection to the singing of the Anthem accompanied by mass singing so long as it is done with due respect as a salutation to the motherland and proper decorum is maintained.
@CurrentLegalGK
π€©1
Supreme Court Explains Scope Of Judicial Interference In Arbitral Awards
https://www.livelaw.in/supreme-court/supreme-court-clarifies-arbitrator-authority-contract-terms-interpretation-arbitral-awards-arbitration-conciliation-act-238496
https://www.livelaw.in/supreme-court/supreme-court-clarifies-arbitrator-authority-contract-terms-interpretation-arbitral-awards-arbitration-conciliation-act-238496
www.livelaw.in
Supreme Court Explains Scope Of Judicial Interference In Arbitral Awards
The Supreme Court Bench comprising Justice Sanjiv Khanna and Justice M.M. Sundresh, has held that while setting aside an arbitral award for being violative of Section 28(3) of the Arbitration and...
ππΌπΎπΈπ βπββπΌβπ πΈπ½π½πΈπβπ πΉπͺ- βππ₯π¦π£ππ ππ¦π€π₯πππ β’
Supreme Court Explains Scope Of Judicial Interference In Arbitral Awards https://www.livelaw.in/supreme-court/supreme-court-clarifies-arbitrator-authority-contract-terms-interpretation-arbitral-awards-arbitration-conciliation-act-238496
The Bench distinguished between the concepts of justice and morality. When an Award shocks the conscience of the court, for example where the claimant has restricted his claim but the arbitral tribunal has awarded a higher amount without any reasonable ground of justification, that would be against justice. However, morality would cover illegal and unenforceable agreements but interference would be only if warranted if something shocks the courtβs conscience
π4
A Brothel 'Customer' Doesn't Procure Woman For Commercial Purposes; Can't Punish Him Under 'Immoral Traffic Prevention Act': Allahabad HC
https://www.livelaw.in/high-court/allahabad-high-court/allahabad-high-court-brothel-customer-procure-woman-commercial-purposes-punish-immoral-traffic-prevention-act-250241
https://www.livelaw.in/high-court/allahabad-high-court/allahabad-high-court-brothel-customer-procure-woman-commercial-purposes-punish-immoral-traffic-prevention-act-250241
www.livelaw.in
A Brothel 'Customer' Doesn't Procure Woman For Commercial Purposes; Can't Punish Him Under 'Immoral Traffic Prevention Act': Allahabadβ¦
The Allahabad High Court recently observed that If a person ('customer') comes to a brothel and pays money for the satisfaction of his lust, then, at the most, it can be said that he procures a...
π1
ππΌπΎπΈπ βπββπΌβπ πΈπ½π½πΈπβπ πΉπͺ- βππ₯π¦π£ππ ππ¦π€π₯πππ β’
A Brothel 'Customer' Doesn't Procure Woman For Commercial Purposes; Can't Punish Him Under 'Immoral Traffic Prevention Act': Allahabad HC https://www.livelaw.in/high-court/allahabad-high-court/allahabad-high-court-brothel-customer-procure-woman-commercialβ¦
Telegram
ππΌπΎπΈπ βπββπΌβπ πΈπ½π½πΈπβπ πΉπͺ- βππ₯π¦π£ππ ππ¦π€π₯πππ β’
π Fundamental or legal rights of Sex Workers in India.
β Important for essay and basic legal awareness
π§ Synopsis of the Article
β Why and What of Sex Workers
β History & Evolution of Sex workers
β Legal Position of Sex workers clarified
β Internationalβ¦
β Important for essay and basic legal awareness
π§ Synopsis of the Article
β Why and What of Sex Workers
β History & Evolution of Sex workers
β Legal Position of Sex workers clarified
β Internationalβ¦
π6π―1
π6π―2
ππΌπΎπΈπ βπββπΌβπ πΈπ½π½πΈπβπ πΉπͺ- βππ₯π¦π£ππ ππ¦π€π₯πππ β’
Photo
βοΈ Artificial Intelligence - Importance in Indian JudiciaryBasic #essay Material
More: https://t.me/CurrentLegalGK/2930
@CurrentLegalGK
π5π₯2π€©1
π
#Quote
"Justice under our Constitution must mean the right to expect fair treatment from an administrative authority; and, if not, the right to approach a court for redressal. Justice cannot be an empty promise,"
~ Jijabhai dashrath shinde v. Maharastra, 2024
"Justice under our Constitution must mean the right to expect fair treatment from an administrative authority; and, if not, the right to approach a court for redressal. Justice cannot be an empty promise,"
~ Jijabhai dashrath shinde v. Maharastra, 2024
π₯3π―1
πOn the Right of maintenence for divorce Muslim women
The Supreme Court is set to decide if divorced Muslim women can claim maintenance under Section 125 of the Criminal Procedure Code (CrPC), challenging the precedence of secular laws over personal laws.
Section 125 CrPC allows for the maintenance of destitute wives, children, and parents, including divorced women who haven't remarried.
The Muslim Women (Protection of Rights on Divorce) Act, 1986, provides maintenance to divorced Muslim women only during the iddat period, with the Supreme Court's previous rulings expanding rights beyond this period.
Discussion revolves around the non-obstante clause in Section 3 of the 1986 Act, which does not explicitly bar alternative relief under Section 125 CrPC, sparking a need for an authoritative pronouncement.
@CurrentLegalGK
The Supreme Court is set to decide if divorced Muslim women can claim maintenance under Section 125 of the Criminal Procedure Code (CrPC), challenging the precedence of secular laws over personal laws.
Section 125 CrPC allows for the maintenance of destitute wives, children, and parents, including divorced women who haven't remarried.
The Muslim Women (Protection of Rights on Divorce) Act, 1986, provides maintenance to divorced Muslim women only during the iddat period, with the Supreme Court's previous rulings expanding rights beyond this period.
Discussion revolves around the non-obstante clause in Section 3 of the 1986 Act, which does not explicitly bar alternative relief under Section 125 CrPC, sparking a need for an authoritative pronouncement.
@CurrentLegalGK
π4π―2
Master Of Roster Business Should Be Dealt By First 3 Judges: Former SC Judge Justice Kurian Joseph
https://www.livelaw.in/top-stories/cjar-seminar-master-of-roster-business-be-dealt-by-first-3-judges-former-justice-kurian-joseph-250376
https://www.livelaw.in/top-stories/cjar-seminar-master-of-roster-business-be-dealt-by-first-3-judges-former-justice-kurian-joseph-250376
www.livelaw.in
Master Of Roster Business Should Be Dealt By First 3 Judges: Former SC Judge Justice Kurian Joseph
At the seminar hosted today by Campaign for Judicial Accountability and Reforms (CJAR) at ISIL, Delhi, retired Supreme Court Justice Kurian Joseph suggested that the Master of Roster business shall...
ππΌπΎπΈπ βπββπΌβπ πΈπ½π½πΈπβπ πΉπͺ- βππ₯π¦π£ππ ππ¦π€π₯πππ β’
Master Of Roster Business Should Be Dealt By First 3 Judges: Former SC Judge Justice Kurian Joseph https://www.livelaw.in/top-stories/cjar-seminar-master-of-roster-business-be-dealt-by-first-3-judges-former-justice-kurian-joseph-250376
Currently by CJI/CJ/DJ
Now, the trend in the Supreme Court is that if a case is posted before a bench, people are able to predict what the result is," he said.
Solution- More Diversity in Constitutional benches, remove arbitrary act of master of roaster by 3 senior judges.
π Read them-
https://t.me/CurrentLegalGK/1594
https://t.me/CurrentLegalGK/2178
https://t.me/CurrentLegalGK/1557
Imp- https://t.me/CurrentLegalGK/1564
Now, the trend in the Supreme Court is that if a case is posted before a bench, people are able to predict what the result is," he said.
Solution- More Diversity in Constitutional benches, remove arbitrary act of master of roaster by 3 senior judges.
π Read them-
https://t.me/CurrentLegalGK/1594
https://t.me/CurrentLegalGK/2178
https://t.me/CurrentLegalGK/1557
Imp- https://t.me/CurrentLegalGK/1564
π1
βοΈπ¨ββοΈ Essay Topic -
District Judiciary - Part of the Basic structure of the Constitution
Send before 11PM
You will get the Model Essay only After atleast 2 Submissions from 7k+ Members.
@CurrentLegalGK
District Judiciary - Part of the Basic structure of the Constitution
Send before 11PM
You will get the Model Essay only After atleast 2 Submissions from 7k+ Members.
@CurrentLegalGK
π―2