Tweet Supreme Court: In a petition challenging frequent internet shutdowns across the country, the Division Bench of BR Gavai and Sanjay Karol, JJ. asked the Union Territory of Jammu and Kashmir to publish the review committee orders pertaining to internet restrictions imposed therein. The Court rejected the contention on behalf of the Union Territory that the instant plea sought publications of deliberations regarding ban imposed at the time of dilution of Article 370 of the Constitution in accordance with Anuradha Bhasin v. Union of India, (2020) 3 SCC 637. It further stated that the review ..read more

Tweet Supreme Court: The five-Judge Constitution Bench comprising of Chief Justice of India Dr. DY Chandrachud, Sanjay Kishan Kaul, Sanjiv Khanna, B.R. Gavai, and Surya Kant, JJ., delivered its verdict, unanimously upholding the Union’s action abrogating Article 370 of the Constitution and directed the restoration of statehood in the State at the earliest. Three Judgments were delivered, one was authored by Dr. DY Chandrachud, CJI on behalf of himself, BR Gavai and Surya Kant, JJ., while Justice Kaul and Khanna, J. authored separate but concurring Judgments. Constitutional Order 272 and 273 ..read more

Tweet Supreme Court: The five-Judge Constitution Bench comprising of Chief Justice of India Dr. DY Chandrachud, Sanjay Kishan Kaul, Sanjiv Khanna, B.R. Gavai, and Surya Kant, JJ., delivered its verdict pertaining to the petitions filed against abrogation of Article 370 by the Central Government. The Bench unanimously upheld the Union’s action of abrogating Article 370. It further directed the restoration of statehood. Dr. DY Chandrachud, CJI particularly directed the Election Commission of India to conduct elections to the J&K assembly by September 30, 2024. Dr. DY Chandrachud, CJI on Art ..read more

Tweet Supreme Court: The Division Bench of Hemant Gupta and A.S. Bopanna, JJ., expressed that Government accommodation is only meant for in-service officers and not for the retirees or those who have demitted office. The right to shelter does not mean right to government accommodation. Challenge  Decision of the Punjab and Haryana High Court has been challenged in the present matter. Background Single Bench allowed the petition of a Kashmiri migrant, respondent – Onkar Nath Dhar who shifted to Jammu in the year 1989 or so. He was transferred to the office of the Intelligence Bureau in D ..read more

Tweet The meaning of the word “genocide” is “genos” (race) – a Greek word and Latin word “cidi” – killing. In recent times of human history, mass killing of the Zews by the Nazis during Second World War can be surely termed as genocide. In 1943, it was Raphael Lemkin, a lawyer of Polonised-Jewish descent who was particularly moved by the atrocities against the Armenians in Turkey, and he was the first person to define such systematic and planned exterminations within legal frames. He had coined the word “genocide,” using the Greek word “genos” which stands for “family”, “tribe” or “race” and t ..read more

Tweet Jammu and Kashmir High Court: Tashi Rabstan, J. addressed a matter wherein 100 % reservation in public employment for J&K domiciles in the UT has been challenged. Petitioner’s 1 and 3 are domiciles of the State of Haryana and Petitioner 2 a permanent resident of the erstwhile State of Jammu and Kashmir who is now a resident of UT of Ladakh. Petitioners challenged Sections 3A, 5A, 6, 7, and 8 of Jammu and Kashmir Civil Services (Decentralization and Recruitment) Act, 2010, on the ground that the same is violative of Article 14, 16, 19 and 21 of the Constitution of India. Petitioner co ..read more

Tweet Jammu and Kashmir High Court: Rajnesh Oswal, J., heard the instant petition against the order of the Trial Court whereby the petitioner had been directed to pay maintenance to the allegedly divorcee lady. The Bench stated that, “The petitioner had not led any evidence as to who sent the divorce to the respondent (wife) to prove the plea of Talak. Otherwise also a meager amount of Rs.2000 as has been awarded to the respondent 1 herein, that in the present era of inflation can in no way be termed as either exorbitant or excessive.” The petitioner contended that he had already divorced hi ..read more

Tweet Ministry of External Affairs issues statement with regard to China’s discussion in UNSC on Jammu and Kashmir: “We have noted that China initiated a discussion in the UN Security Council on issues pertaining to the Indian Union Territory of Jammu & Kashmir. This was not the first time that China has sought to raise a subject that is solely an internal matter of India. As on such previous occasions, this attempt too met with little support from the international community. We firmly reject China’s interference in our internal affairs and urge it to draw proper conclusions from such inf ..read more

Tweet Supreme Court: The 3-judge bench of SA Bobde, CJ and AS Bopanna and V. Ramasubramanian*, JJ has set aside the order of the single bench of Jammu and Kashmir High Court which quashed an administrative Order of the Chief Justice prescribing certain qualifications for promotion to the post of Head Assistant along with a power of relaxation, persons who were fully qualified as per the rules at the time of appointment. The Court held, “… the prescription of graduation as a qualification for promotion to the post of Head Assistant&nb ..read more

Tweet Jammu and Kashmir High Court: A Division Bench of Sanjay Dhar and Rajesh Bindal, JJ. while dismissing the present application seeking leave to appeal, said, “…the non-applicant cannot be convicted on the statement of co-accused recorded under Section 67 of the NDPS Act, as the same cannot be used as a confessional statement being barred under the provision of Section 25 of the Evidence Act.” Background Through the instant application, the applicant; Narcotics Control Bureau (NCB) seeks leave to file an appeal against the judgment dated 11-11-2019 passed by the Principal Sessions Judge, K ..read more