Tag Archive for ‘Supreme Court’

Urdu poetry in Indian Judgments: Courting Pragmatism in Adjudication

“tere mathe pe ye anchal to bahuthi khuub hai lekin tu is anchal se ik parcham bana leti to achchha tha.” (Meaning: While the raiment covering your head is good, it would be better if you made a banner of it.) – Annie Nagaraja and Ors. vs. Union of India and Ors. [1] A Division Bench presided by Justice Kailash Gambhirand Justice Najmi Waziri, quoted the abovementioned couplet of the […]

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Supreme Court Clarifies Right of Borrower to File Securitization Application

The Supreme Court, on 1st November, 2018, elucidated upon when a borrower can seek remedy against wrongful recourse taken by the creditor against the secured asset (Hindon Forge Pvt. Ltd. vs The State of Uttar Pradesh   MANU/SC/1250/2018). The current legal situation can be understood in the following manner – Issue: The issue to be determined by the Supreme Court was whether a securitization application under Section 17(1) of the Securitization […]

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Supreme Court’s Ban on Firecrackers – 10 Things You Need to Know

While hearing a plea requesting complete ban on the bursting of firecrackers, the Supreme Court, on 23rd October, 2018, revisited and refined its previous orders on this matter. Although the apex court ruled against imposing a blanket ban, it did order certain restrictions to be imposed on the sale and use of firecrackers, not just for Diwali but for other religious and general celebrations as well. Here’s what the Court […]

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Triple Talaq Ordinance – What it means for Muslim Marriages

On 19th September, 2018, The Muslim Women (Protection of Rights on Marriage) Ordinance, 2018 (commonly known as the Triple Talaq Ordinance) was enforced after being signed by the President. Earlier, the Supreme Court, in the case of Shayara Bano vs. Union of India (MANU/SC/1031/2017), had declared Triple Talaq or Talak-ul-Biddat to be illegal. Further, the Muslim Women (Protection of Rights on Marriage) Bill, 2018 was introduced and passed in Lok […]

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The Right to Information and you!

Did you know – instead of just cribbing and crying over delayed construction of a road outside your home which you know will soon get either flooded or spotted with potholes – you can actually get a sample to check the quality of material being used? Yes! When they say information they mean all kinds of information, written and physical. Now with the Supreme Court capping RTI application fees to […]

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LEGALISATION OF PASSIVE EUTHANASIA IN INDIA

What You Need to Know – Supreme Court’s decision legalising Passive Euthanasia The Supreme Court has finally come out with a judgment clarifying the uncertain waters surrounding the concept of assisted suicide or euthanasia. By holding that the fundamental right to live also includes the right to die with dignity, the judgment brings to conclusion a long-standing ethical, moral, religious and legal dilemma. The Supreme Court had been known for […]

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Legalising Passive Euthanasia, here’s What You Need to Know

The Supreme Court has recognized the right to die with dignity to be inherent in the fundamental right to life and personal liberty. This means that legal validity is granted to assisted suicide (euthanasia) for persons suffering from terminal diseases, living in persistent vegetative state, comatose state or brain dead, etc. What is allowed – Removal of life sustaining or prolonging medicines, machines and devices is acceptable in the presence […]

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