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Tag: Supreme Court

Top Court Not Convinced By CBI On The Bofors

[New Delhi]Top Court Not Convinced By CBI On The Bofors So Dismisses CBI’s Appeal
The Supreme Court on Friday dismissed CBI’s appeal against the Delhi High Court verdict discharging all the accused including Hinduja brothers in Rs 64 crore Bofors pay-off case.
A bench headed by Chief Justice Ranjan Gogoi said it was not convinced with the grounds of the CBI on the delay in filing the appeal.
The apex court, however, said that an appeal against the same HC verdict filed by advocate Ajay Agarwal is pending and the CBI can raise all grounds in it.
The Rs 1,437-crore deal between India and Swedish arms manufacturer AB Bofors for the supply of 400 units of 155-mm Howitzer guns for the Indian Army was entered into on March 24, 1986.

Supreme Court Gets 4 New Judges ,Taking Strenth to 28

[New Delhi]Supreme Court Gets 4 New Judges
Justices Hemant Gupta,
R Subhash Reddy,
M R Shah and
Ajay Rastogi
were Friday sworn in as judges of the Supreme Court, by Chief Justice Ranjn Gogoi ,taking its strength to 28.

Justice Gogoi [63]Sworn In As 46th CJI :SC’s New Era Begins

[New Delhi] Justice Gogoi Sworn In As 46th CJI :SC’s New Era Begins
Justice Ranjan Gogoi was Wednesday sworn in as 46th Chief Justice of India.
He succeeds Justice Dipak Misra.
President Ram Nath Kovind administered the oath to the 63-year-old Justice Gogoi at a brief ceremony in Rashtrapati Bhavan’s Darbar Hall.
Justice Gogoi will have a tenure of a little over 13 months and would retire on November 17, 2019.

Top Court Trashes 150 Yrs Old Adultery Offence

[New Delhi] Top Court Trashes 150 Yrs Old Adultery Offence
The Supreme Court Thursday declared as unconstitutional the penal provision on adultery.
Chief Justice Dipak Misra and Justices A M Khanwilkar and R F Nariman held that Section 497 of the Indian Penal Code dealing with the offence of adultery is unconstitutional.
“We declare Sec 497 IPC and Sec 198 of CrPC dealing with prosecution of offences against marriage as unconstitutional,” said the CJI and Justice Khanwilkar.
Justice Nariman termed Section 497 as archaic law and concurred with the CJI, Justice Khanwilkar saying that Section 497 is violative of right to equality and right to equal opportunity to women

Top Court Protects Validity Of AADHAAR

[New Delhi]Top Court Protects Validity Of AADHAAR
The apex court’s five-judge Constitution bench said Aadhaar means unique and it is better to be unique than being best.
The first of the three judgements was pronounced by Justice A K Sikri.
Justice Sikri pronounced the judgement for himself, Chief Justice Dipak Misra and Justice A M Khanwilkar.

Top 5 Judges Discriminates Colonial Section 377

[New Delhi] Top 5 Judges Discriminates Colonial Section 377
A five-judge Constitution bench of the Supreme Court Thursday unanimously decriminalised part of the 158-year-old colonial law under Section 377 of the IPC which criminalises consensual unnatural sex.
A five-judge Constitution bench headed by
Chief Justice Dipak Misra termed the part of Section 377 of the Indian Penal Code which crimiminalises unnatural sex as irrational, indefensible and manifestly arbitrary.
The bench, which also comprised
Justices R F Nariman,
A M Khanwilkar,
D Y Chandrachud and
Indu Malhotra,
struck down Section 377 as being violative of right to equality.
The top court, in four separate but concurring judgements, set aside its own verdict in the Suresh Kaushal case.
Section 377 refers to ‘unnatural offences’ and says whoever voluntarily has carnal intercourse against the order of nature with any man, woman or animal shall be punished with imprisonment for life, or with imprisonment of either description for a term which may extend to 10 years, and shall also be liable to pay a fine.
The apex court, however, said other aspects of Section 377 of IPC dealing with unnatural sex with animals and children shall remain in force.
The issue was first raised by the NGO, Naaz Foundation, which approached the Delhi High Court in 2001. The Delhi High Curt had in 2009 decriminalised sex between consenting adults of the same gender by holding the penal provision as “illegal”.
This high court judgement was overturned in 2013 by the apex court which also dismissed the review plea against which the curative petitions were filed which are pending.
The writ petitions were opposed by Apostolic Alliance of Churches and Utkal Christian Association and some other NGOs and individuals, including Suresh Kumar Kaushal.

Top Court Lists a PIL Against RAFALE Deal

[New Delhi]Top Court Lists PIL Against RAFALE Deal
The Supreme Court on Wednesday agreed to hear next week a PIL seeking stay on the Rafale fighter jet deal between India with France.
A bench comprising
Chief Justice Dipak Misra and
Justices A M Khanwilkar and
D Y Chandrachud
considered the submissions of advocate M L Sharma that his plea be listed for urgent hearing.
In his PIL, Sharma alleged discrepancies in the fighter jet deal with France and sought stay on it.

Supreme Justice Misra Recommends Justice Gogoi as Next Chief

[New Delhi]Top Justice Misra Recommends Justice Gogoi as Next Chief
Chief Justice of India (CJI) Dipak Misra Tuesday sent a letter to the Central government recommending Justice Ranjan Gogoi as his successor.
Justice Gogoi will be sworn in as the next CJI on October 3.
The CJI has written to the Ministry of Law and Justice endorsing and recommending the name of Justice Gogoi, senior-most judge, as the next CJI.

Top Court Refuses to Quash Appointments Of CVC

[New Delhi]Top Court Refuses to Quash Appointments Of CVC
The Supreme Court today dismissed a plea challenging the appointment of Central Vigilance Commissioner (CVC) K V Chaudhary and Vigilance Commissioner (VC) T M Bhasin.
The court was hearing a plea challenging the appointment of incumbent CVC Chaudhary and VC Bhasin.
The plea alleged that they did not have a “clean record” and a non-transparent procedure was followed while appointing them.

The Rajinikanth Gets His Movie ‘Kaala’ Cleared From SC

[New Delhi]The Rajinikanth Gets His Movie ‘Kaala’ Cleared From SC
The Supreme Court today refused to stall the release of Rajinikanth-starrer ‘Kaala’ which is scheduled to hit theatres tomorrow.
A vacation bench comprising Justices A K Goel and Ashok Bhushan refused to entertain a plea by K S Rajashekaran, who sought an injunction against release of the movie.
“You want an injunction against the release of the movie. Everybody is waiting for the film to be released,” the bench told the counsel appearing for the petitioner.
The petitioner has approached the apex court against the May 16 order of the Madras High Court which has posted his plea against the release of the movie for hearing on June 16.
The petitioner has claimed that his copyright-protected work related to story scenes and songs were used by the producer of the movie without prior permission.
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