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Bar and Bench

@barandbench

Mar 10

Supreme Court hears plea against the violation of woman rights under the succession laws under Muslim personal law

CJI Surya Kant: You are challenging 1937 act.. then what will apply? What about the vaccum?

Adv Prashant Bhushan: Shariah law says woman entitled to half of what men are entitled to. So in Shayara Bano held that even triple talaq was part of personal law but still struck down since violative of article 14

CJI: suppose there are two statutes. One protects article 14 and one does not. Ofcourse the other is struck down. Then our question what about the vaccum created

Bhushan: Indian succession act shall govern.

Justice Bagchi: If 1937 act is not there..will Muslim succession not be governed by personal law as under Article 372.

CJI: in our over anxiety of reforms we may end up depriving them (Muslim woman) on getting less than what they are already getting. If it goes away (the 1937 act) then what is the question.
#SupremeCourt

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Bar and Bench

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Mar 10

Supreme Court to hear batch of cases concerning the SIR process in West Bengal

Fresh petition also listed challenging the deletion of voter names due to non acceptance of key documents

#SupremeCourt #WestBengalSIR

Sr Adv Menaka Guruswamy: About 7 lakh claims have been decided by the judicial officers. 63 lakh was under adjudication. 57 lakhs are remaining.

CJi: we knew you people will run away when judicial officers are appointed. HC Chief justice has told us 10 lakhs decided. Today morning we are informed. Your application is premature and it shows as if you don't have trust. How did you dare such applications are filed? No one should dare question the judicial officers

Guruswamy: We are not questioning

CJI: you may have not. But there are questions. As a Chief justice of India I will not tolerate this.

Guruswamy: No one can question the JO at all. We have appeared before the chief justice and it was an honour to appear before him.

Guruswamy: JOs now have 50 lakh cases to be broadly decided. There are roughly 48 lakh mapped voters.. we say they are mapped because they were in 2002 electoral rolls and they have voted..

CJI: that is why SIR is there. All genuine will be included. All unauthorised etc will not be there. That is being looked at by the judicial officers. Why should we look into this. Till a day before voting if the cloud upon a voter is removed then he can vote.

Read 12 tweets

Bar and Bench

@barandbench

Mar 9

Delhi High Court to hear today CBI's plea challenging discharge of Arvind Kejriwal, Manish Sisodia, K Kavitha and 20 others in the excise policy case.

Justice Swarana Kanta Sharma to hear the matter.
@ArvindKejriwal @msisodia @CBIHeadquarters @AamAadmiParty @RaoKavitha

The CBI has filed a 974-page revision plea stating that the trial court order is "patently illegal, perverse and suffers from errors apparent on the face".

It has also sought a stay on the court's direction to initiate proceedings against the officer who investigated the case.

Read details here:

barandbench.com/news/excise-po…

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Bar and Bench

@barandbench

Mar 2

Delhi High Court to hear shortly a plea filed by Youth Congress President Udai Bhanu Chib challenging the Sessions Court order staying his bail ex parte.

Justice Saurabh Banerjee to hear the case.
@IYC @UdayBhanuIYC #Bail

Chib was granted bail by a magistrate on Saturday at 3:30 AM. The order was stayed by a Sessions Court the same evening without hearing him.

Read details here:
barandbench.com/news/litigatio…

Judge Banerjee presides.

There are three bail applications listed before the Court. Chib's plea is at serial number 3.

Read 41 tweets

Bar and Bench

@barandbench

Feb 27

[Puran Chander Sen vs State of Rajasthan]

CJI Surya Kant: Inko cost nahi lagaya high court ne ? Band vand pehene nahi hai.. laga koi dangal me utarne aaye hai.

Justice Bagchi: HC has imposed cost

CJI: Kitne saal hogaye wakalat karte aapko?

Adv: From 1995...

CJI: Who committed the mistake of giving you a license. Please don't file such petitions. People believe you .. how will people trust you if you file all this

Adv: Ideals of RSS is against the Constitution..

Justice Bagchi: if you press further.. we have to increase the costs. You may have a difference of opinion from ideology or politics etc. but that does not give rise to offence or you ask FIR against an authority. For argument stake if parliament passes an illegal law.. is it a crime ?? Please withdraw do not embarrass yourself.

CJI: The petitioner who is a practicing advocate and is present in person states that having realised his bona fide mistake, he does not want to pursue the petition which was filed under BNSS. He also undertakes not to file any such complaint, application / petition in any court or any other format. As with complaint dated 2020 sent to SHO Alwar.

CJI: Petitioner further prays that this court may take a lenient view and exempt him from paying cost as imposed by HC and to further prosecute the petitioner. Taking into consideration the repentance shown by the petitioner, and his undertaking, and also keeping in view other mitigating factors, we direct that para 16 of the impugned judgment of HC shall remain in abeyance indefinitely save and except that it will automatically stand revived if the petitioner does act in any manner directly or indirectly in breach of undertaking given before us.

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Bar and Bench

@barandbench

Feb 26

Supreme Court hears the controversy around establishment of a crematorium near the Isha Yoga Center in Coimbatore

Adv Prashant Bhushan: the community that stays there... do not burn but bury bodies.. now Isha foundation is saying come to this land ..burn body and attain moksha. They are bringing the bodies from Coimbatore and burning it here. They are local tribals..

CJI Surya Kant: Burial has become an expensive affair. Isha Foundation is not a religious service. They are doing some pious work. Its a good work also ..these bodies.. did you sell this land to them? You can only claim that you sold for lawful activity.. but you cannot dictate it to them... Let them find a suitable place for you and compensate you so that you have better living conditions.

Justice Bagchi: this was done to stop the unregulated cremation of bodies.

Bhushan: this violates my fundamental right with the stench coming always...

Sr Adv Mukul Rohatgi: what is Mr Bhushan saying.. lodhi road crematorium is just beside homes..

Bhushan: there are no homes

Roahtgi: what about birbal road and jangpura...

Justice Bagchi: perhaps you should see my more unplanned city... which is right beside the Ganges and homes there as well.

CJI: On our suggestion parties are agreeable to explore a possibility of amicable solution .. so that a compensation can be paid to purchase a residential house at another place of his choice. we urge the parties to settle their dispute amicably. #SupremeCourt

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