By: Live Law News Network 5 Feb 2019 10:12 AM GMT As the Supreme Court Constitution Bench is set to hear the review petitions against Sabarimala judgment tomorrow, four women filed applications today, seeking to intervene in support of the judgment. Two of the applicants- Bindu and Kanaka Durga- had entered the temple on January 2. Bindu, who teaches law at Kannur University School of Legal Studies, says that she has intense desire to pay her respects to "Dharma Shastha", who is worshipped as Lord Ayyappa. Kanaka Durga, who says that she is a believer of all Hindu gods, narrates in detail the discriminatory practises she had to face during menstrual period, such as isolating her in another room, not permitting her to touch the well or draw water from it etc. The petition narrates their attempt to enter temple on December 24, which got foiled due to protests. Later, on January 2, they entered the temple with police assistance. They say that the judgment passed by the SC on … [Read more...] about Sabarimala : Women Seek To Intervene In Review Petitions In Support Of SC Judgment
By: Ashok Kini 2019-01-28T17:56:37+05:30 “CSIR by reason of its autonomy may have certain administrative privileges. No authority can, however, claim a privilege not to comply with a judgment of this Court. CSIR was no exception.” The Supreme Court observed that no authority can claim a privilege not to comply with its judgment. The bench comprising Justice DY Chandrachud and Justice Hemant Gupta made this observation while allowing an appeal filed by an employee of Council for Scientific and Industrial Research (CSIR). In this case, the employee had approached the Tribunal contending that the failure to communicate the Annual Confidential Reports in which he had failed to meet the benchmark violated the O.Ms issued by the Department of Personnel and Training. However, the tribunal held that CSIR is an autonomous body and therefore the circulars issued by the Union of India would not ipso facto apply. The high court concurred with the said view of the … [Read more...] about No Authority Can Claim A Privilege Not To Comply With SC Judgment: SC [Read Judgment]
By: Ashok Kini 2019-01-18T19:21:47+05:30 “Like in many cases the intention seems to have been to severely injure or disfigure the deceased; in this case we think the intention resulted into an attack more severe than planned which then resulted in the death of the deceased.” The Supreme Court, on Thursday, commuted death sentence awarded to a man convicted for murder of a women by pouring acid on her. The bench comprising Justice SA Bobde, Justice L Nageswara Rao and Justice R Subhash Reddy, observed that a second conviction for murder would warrant the imposition of a death sentence only if there is a pattern discernible across both the cases. The bench upheld the conviction of the accused, but observed that there are no special reasons in the present case that warrants an imposition of a death sentence. The court also observed that there is no particular depravity or brutality in the acts of the accused that warrants a classification of this case as … [Read more...] about When Second Conviction For Murder Would Warrant Imposition Of Death Sentence? Read SC Judgment
By: ashok kini 2019-01-08 08:32:15.0 In what can be unhesitatingly termed as a 'Per Incuriam' judgment, the Supreme Court on Monday held that a teacher, irrespective of the type of educational institute he/she is working, is not an 'employee' under Section 2(e) of the Payment of Gratuity Act and, therefore, has no right to invoke the Act for claiming gratuity from his/her employer. Per Incuriam judgment is the one which is decided without reference to a statutory provision or earlier judgment which would have been relevant. This is a classic case of a per incuriam judgment which did not notice an explicit statutory amendment. Ahmedabad Private Primary Teachers' Assn Judgment As noticed by the bench, it is true that in Ahmedabad Private Primary Teachers' Association case, the Supreme Court ruled that teachers are not entitled to gratuity under the payment of Gratuity Act, 1972 as they do not fall within description of definition of "employee" under Section 2(e) of the … [Read more...] about Why Latest SC Judgment Denying Gratuity To Teachers Is ‘Per Incuriam’ ?
By: Apar Gupta 2019-01-04 06:45:02.0 This proposed legislation is substantially deficient as it does not contain provisions for judicial oversight for surveillance. On January 2, the Minister for Electronics and IT, Shri Ravi Shankar Prasad introduced the Aadhaar Amendment Bill, 2018 in the Lok Sabha. This Aadhaar Amendment Bill is a legislative follow up to the judgement of the Supreme Court on the constitutionality of the Aadhaar Program where several directions were given and parts of the Aadhaar Act, 2016 were declared unconstitutional. The proposed amendments, specifically on the point of surveillance, are in clear contravention of Supreme Court directions and even may be a stratagem to circumvent it as we explain below. Background to the Aadhaar amendment While we understand the need for a legislative amendment, there are questions on the timing of this legislative proposal where it has come close to the winter break, and has been done without any public … [Read more...] about The Aadhaar Amendment Bill Contravenes SC Judgment On Surveillance