The Supreme Court is hearing an appeal against a division bench order of the Madras HC setting aside single-judge order cancelling election of E Palaniswami as AIADMK General Secretary.

#SupremeCourt #SupremeCourtofIndia
Senior Advocate Ranjit Kumar reads divison bench order.

#SupremeCourt #SupremeCourtofIndia
Kumar: The division bench leaves the main issue open.

Justice Shah: That is for trial.. it's not to be decided at this stage, that's what it says.

#SupremeCourt #SupremeCourtOfIndia
Justice Shah: The person appointed has 95% membership.. he's appointed as interim..

Counsel: No, no.

Justice Shah: It is stated because of the order passed by this court.

#SupremeCourt #SupremeCourtofIndia
Justice Shah: If the meeting is to stayed, then what will happen?

Kumar: Both can function.

Justice Shah: How can both function? Both cannot continue.

#SupremeCourt #SupremeCourtofIndia
Court: That 26/3 matter is pending no?

Kumar: Yes.

#SupremeCourt #SupremeCourtofIndia
Court: We'll issue notice and keep it after vacation. We'll take both together.

#SupremeCourt #SupremeCourtofIndia
Counsel for appellants seek status quo as interim relief.

#Supreme
Sr Adv Aryama Sundaram argues..

Court: Mr counsel, even if one person has 100% majority, it has to be done in accordance with law they're saying. We'll consider. In the mean time, see that further things are not aggravated.

#SupremeCourt #SupremeCourtofIndia
Court: If we accept your argument at this stage, that means SLP is dismissed.. we have to consider.

Sr Adv Sundaram: My Lords can just say that as stated by us there is no proposal for election of general secretary..

#SupremeCourt #SupremeCourtofIndia
Sr Adv Sundaram: Please have it after vacation..

Court: We are issuing notice because another matter is pending! Before we take a final decision, no further election.

#SupremeCourtOfIndia #SupremeCourt
Respondents record statement that no elections will be conducted.

#SupremeCourt #SupremeCourtofIndia
Court issues notice.

#SupremeCourt #SupremeCourtofIndia

• • •

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More from @lawbarandbench

Sep 30
The Supreme Court is hearing a plea claiming that the State emblem at Central Vista is violative of the design specified under the Act of 2005.

#SupremeCourt #SupremeCourtofIndia
Counsel: There is no scope for artistic innovation for a state emblem.

They are not only describing the design, but also giving a picture in the Act.

#SupremeCourt #SupremeCourtofIndia
Counsel: Your Lordships have held that this is a symbol of national honour.

Justice Shah: The impression the emblem gives depends on the mind of the person.

Counsel: We are only asking for correction.

#SupremeCourt #SupremeCourtofIndia
Read 4 tweets
Sep 30
Bombay High Court is hearing plea by BJP leader Kirit Somaiya seeking quashing of his own FIR on the ground that it was not properly recorded and not at his instance.

@KiritSomaiya @MumbaiPolice #BombayHighCourt
Court: You want to quash your own FiR?

Lawyer from Law Counsellors for Somaiya: At the first instance, the information which I gave is not recorded by the police officer.

Court: These entire prayers then will not come before us.

#BombayHighCourt
Court: Quashing of own FIR, transfer to CBI, and then initiate departmental enquiry? What is this?

#BombayHighCourt
Read 22 tweets
Sep 30
The Supreme Court is hearing a plea by former minister Gali Janardhan Reddy to visit and stay in Bellary for four weeks.

#SupremeCourt #SupremeCourtofIndia
Senior Advocate Meenakshi Arora for Reddy: The mother of the child lives in Bellary. She's with my family there.

Justice MR Shah: Don't raise your voice, Madam. It will not help you.

#SupremeCourt #SupremeCourtofIndia
Justice Shah: You never disclosed the baby was not born in Bellary. We have full sympathy.. What they are saying is the discharge took place only after arguments before this court.

#SupremeCourt #SupremeCourtofIndia
Read 7 tweets
Sep 30
Kerala High Court is hearing two petitions challenging the summons issued by the ED to current and former officials of the Kerala Infrastructure Investment Fund Board (KIIFB) in connection with its financial transactions esp around masala bonds.
@dir_ed
The first plea is moved by KIIFB itself cc challenging the repeated issuance of summons to it's office bearers

Read about the last hearing:
barandbench.com/news/ed-singli…
The other plea is moved by Dr. Thomas Issac, former Kerala Finance Minister, challenging the ED summons issued to him in connection with the KIIFB probe.
@dir_ed
@drthomasisaac

Read about previous hearing:
barandbench.com/news/dr-thomas…
Read 40 tweets
Sep 29
#SupremeCourt hearing Gautam Navlakha's plea seeking house arrest after his regular bail plea was denied.
Matter to be taken at 3.

Adv Kanu Agarwal: I wasn't aware that my lords had not received the letter (of adjournment). Let me get instructions this matter was listed late.

Adv: Let him out for two weeks atleast he needs a colonoscopy.
Sibal: Has no criminal history.

Justice Joseph: Let him breathe some fresh air. He wasn't even convicted in any small IPC offence earlier.
Read 32 tweets
Sep 29
#SupremeCourt Constitution Bench led by Justice Sanjay Kishan Kaul hearing case relating to top court's powers under Article 142 to grant divorce when parties are not consenting.
Sr Adv Indira Jaising arguing.

Jaising: Judge has to be arbiter, there will always be lack of consent.

Justice Kaul says where the Court has exercised Article 142 powers, it have made sure to put a quietus to the allegations: A blank slate given before granting divorce.
Justice Kaul: Look at the time period. From the 1990's the time has changed a lot...we have to do innovative thinking.

Justice Khanna points how abroad usually both spouses are working.

Jaising: I India, unfortunately, there aren't enough empirical studies.
Read 14 tweets

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