Supreme Court (Constitution/Larger Benches) Archives | Page 3 of 4

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Eknath Shinde v Uddhav Thackeray| SC Constitution bench reserves order on question of reference of 5-judge bench ‘Nabam Rebia’ verdict to a 7-judge bench

The Supreme court while considering the plea posed by Senior Advocate Kapil Sibal appearing on behalf of Uddhav Thackeray faction seeking reference of the Nabam Rabia judgment reserved its order dated 16-02-2023.

Ex-communication in Dawoodi Bohras matter deserves to be tagged with 9-judge bench Sabarimala Review due to overlapping issues: Supreme Court 5-judge Constitution Bench

The 5-judge Constitution Bench observed that the decision which will be rendered by the nine-Judge Bench in the Sabarimala Temple Review will have a direct impact on the questions which arise for determination in this case.

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Explained| Supreme Court’s order modifying guidelines given in 2018 Euthanasia Judgment

5-Judge Constitution Bench in a miscellaneous application filed to seek modifications of guidelines prescribed in 2018 Euthanasia Judgment, viewed that the guidelines need modifications. Thus, simplified the process for passive euthanasia.

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Ministers and the freedom to make ‘hurtful’ statements: Supreme Court’s Constitution Bench verdict & Justice Nagarathna’s partial dissent, explained

The issue emerged after SP leader Azam called the unfortunate incident of 2016 gang-rape of a minor and her mother in Uttar Pradesh a “political conspiracy only and nothing else”. V Ramasubramanian, J delivered the verdict for himself and SA Nazeer, AS Bopanna, BR Gavai, JJ, however, BV Nagarathna, J, while agreeing with the reasoning and conclusions arrived at by the majority on certain questions referred, went on to lend a ‘different perspective’ on some issues.

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Demonetisation Verdict: Breakdown of the majority and minority opinions

While BR Gavai, J has written the majority opinion for himself and SA Nazeer, A.S. Bopanna, V. Ramasubramanian, JJ, to uphold the legality of the 2016 demonetization, BV Nagarathna, J is the lone dissenter who has held that though demonetisation was well-intentioned and well thought of, the manner in which it was carried out was improper and unlawful.

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In absence of complainant’s direct evidence of bribe, presumption of Public Servant’s guilt can be drawn based on other evidence; holds SC Constitution Bench

The Constitution Bench of SA Nazeer, BR Gavai, AS Bopanna, V Ramasubramanian and BV Nagarathna, JJ has observed that the trial does not abate nor does it result in an order of acquittal of the accused public servant if the complainant turns ‘hostile’, or has died or is unavailable to let in his evidence.

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Section 319 CrPC power to be exercised before pronouncement of order of sentence or acquittal, as the case may be; SC enumerates 12 guidelines

On 10.05.2019, a division Bench had observed that the question with regard to the actual stage at which the trial is said to have concluded is required to be authoritatively considered since the power under Section 319 of CrPC is extraordinary in nature.

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‘Identifier for 10% Quota for EWS is economic deprivation; Social or educational backwardness irrelevant’: Key takeaways from Dissenting opinion

While Dinesh Maheshwari, Bela M Trivedi and JB Pardiwala, JJ wrote separate but concurrent opinions forming majority, S. Ravindra Bhat, J wrote the minority opinion for himself and U.U. Lalit, CJ.

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Constitutionality of 10% Quota for EWS upheld in 3:2 verdict: Key takeaways from Majority Ruling including suggestion for prescribing time limit for reservation

While Dinesh Maheshwari, Bela M Trivedi and JB Pardiwala, JJ wrote separate but concurrent opinions forming majority, S. Ravindra Bhat, J wrote the minority opinion for himself and U.U. Lalit, CJ.

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SC Constitution Bench| Binding nature of a judgment depends on the Bench Strength and not the numerical strength of the Judges taking majority view

Supreme Court: Explaining the doctrine of precedents, the 5-judge Constitution Bench of Indira Banerjee*, Hemant Gupta*, Surya Kant, MM Sundresh and Sudhanshu

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Yearly Round-up 2021| Supreme Court Constitution Bench

Unlike the year 2020, the Supreme Court Constitution Bench has functioned limitedly in the year 2021, with the number of judgments delivered

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Aadhaar| When 4:1 majority refused to review the Aadhaar-5 Judges verdict but Justice Chandrachud dissented

Supreme Court: In spite of going through several rounds of litigation and long hours consideration, the Adhaar Controversy had once again popped

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Maratha Reservation unconstitutional| The timeline of the case and the 3 questions that received unanimous opinions of all 5 judges

“Sufficient and adequate representation of Maratha community in public services is indicator that they are not socially and educationally backward.”

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No more “mechanical” conversion of complaints under Section 138 NI Act from summary to summons trial; Magistrates “must” record reasons: Supreme Court

“Such conversion of complaints under Section 138 from summary trial to summons trial has been contributing to the delay in disposal of the cases.”

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Accused under NDPS Act not entitled to acquittal as a blanket rule merely because the complainant is the investigating officer: 5-Judge Bench

Supreme Court: The 5-judge Constitution bench of Arun Mishra, Indira Banerjee, Vineet Saran, MR Shah and S. Ravindra Bhat, JJ has held

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States, and not MCI, have power to make reservation for in-service candidates in Post Graduate Medical Course; Constitution bench holds

Supreme Court: The 5-judge Constitution bench of Arun Mishra, Indira Banerjee, Vineet Saran, MR Shah and Aniruddha Bose, JJ has held that

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Sub-classification of Scheduled Castes| 5-judge bench calls for revision of E.V. Chinnaiah decision; Matter referred to larger bench [DETAILED REPORT]

“The aspiration of equal treatment of the lowest strata, to whom the fruits of the reservation have not effectively reached, remains a

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Supreme Court (Constitution/Larger Benches)

Eknath Shinde v Uddhav Thackeray| SC Constitution bench reserves order on question of reference of 5-judge bench ‘Nabam Rebia’ verdict to a 7-judge bench

Ex-communication in Dawoodi Bohras matter deserves to be tagged with 9-judge bench Sabarimala Review due to overlapping issues: Supreme Court 5-judge Constitution Bench

Explained| Supreme Court’s order modifying guidelines given in 2018 Euthanasia Judgment

Ministers and the freedom to make ‘hurtful’ statements: Supreme Court’s Constitution Bench verdict & Justice Nagarathna’s partial dissent, explained

Demonetisation Verdict: Breakdown of the majority and minority opinions

In absence of complainant’s direct evidence of bribe, presumption of Public Servant’s guilt can be drawn based on other evidence; holds SC Constitution Bench

Section 319 CrPC power to be exercised before pronouncement of order of sentence or acquittal, as the case may be; SC enumerates 12 guidelines

‘Identifier for 10% Quota for EWS is economic deprivation; Social or educational backwardness irrelevant’: Key takeaways from Dissenting opinion

Constitutionality of 10% Quota for EWS upheld in 3:2 verdict: Key takeaways from Majority Ruling including suggestion for prescribing time limit for reservation

SC Constitution Bench| Binding nature of a judgment depends on the Bench Strength and not the numerical strength of the Judges taking majority view

Yearly Round-up 2021| Supreme Court Constitution Bench

Aadhaar| When 4:1 majority refused to review the Aadhaar-5 Judges verdict but Justice Chandrachud dissented

Maratha Reservation unconstitutional| The timeline of the case and the 3 questions that received unanimous opinions of all 5 judges

No more “mechanical” conversion of complaints under Section 138 NI Act from summary to summons trial; Magistrates “must” record reasons: Supreme Court

Accused under NDPS Act not entitled to acquittal as a blanket rule merely because the complainant is the investigating officer: 5-Judge Bench

States, and not MCI, have power to make reservation for in-service candidates in Post Graduate Medical Course; Constitution bench holds

Sub-classification of Scheduled Castes| 5-judge bench calls for revision of E.V. Chinnaiah decision; Matter referred to larger bench [DETAILED REPORT]

SARFAESI Act applicable to Cooperative Banks: Constitution Bench

State Government cannot fix the “minimum price” of sugarcane once Centre has already fixed it

Andhra Pradesh’s 100% reservation for Scheduled Tribe candidates for the post of teachers without rhyme or reason: SC