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Jan 2 3 tweets 2 min read
Demonetisation unlawful; RBI did not apply mind, consider hardships to people: Justice BV Nagarathna dissents

report by @DebayonRoy

#Demonetization #SupremeCourtOfIndia

barandbench.com/news/litigatio…
Since Rs 2,000 note was also released thereafter it can be seen that the object which Centre sought to achieve through Demonitisation may not have been achieved at all: Justice BV Nagarathna
Parliament cannot be left aloof on such important decisions: Justice BV Nagarathna

#Demonetization #SupremeCourtOfIndia

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More from @barandbench

Jan 2
Chief Justice of India DY Chandrachud announces the launch of the Electronic Supreme Court Reports Project, which will enable free digital access to offical law reports for individual reported judgments.

#SupremeCourt
CJI: It is going to be is a free service, so even young juniors will not have to pay. The elastic search facility is up to January 1, 2022. We have team of law clerks working with us. There are 34,000 judgments.

We are introducing neutral citations.

#SupremeCourt
CJI: We are introducing neutral citations. Delhi and Kerala High Courts have it already. When you cite judgements, it will have neutral citation.

#SupremeCourt
Read 4 tweets
Jan 2
Five-judge Constitution bench of the #SupremeCourt to pronounce its verdict on 58 petitions challenging the Centre’s November 8, 2016 decision to demonetise currency notes of Rs 1,000 and Rs 500 denomination

Verdict at 10:30 am today #Demonetization
The constitution bench to assemble shortly now

#Demonetization
Justice Gavai: I express gratitude to be given the opportunity to author the judgment. Though initially 9 issues were framed, we have taken 6 questions.

#Demonetisation
Read 36 tweets
Dec 16, 2022
CJI: If we do not act in matters of personal liberty and grant relief then what are we doing here? What is SC doing and is it not a breach under Article 136. #SupremeCourt exists to hear to the cry of such petitioners. We burn the midnight oil for such cases and see there is more
The above comment comes in the backdrop of a case where a person seeks bail. This person Iqram has served 7 years already and has another 10 years to go in a case where he had stolen electricity. There was plea bargaining too in the case. #SupremeCourt
CJI DY Chandrachud asks Senior Lawyer Nagamuthu to be present in the court for this case

CJI: This is why I asked you to stay back. Just imagine. As a former Madras HC judge you know that no case is too big or no case is too small for the Supreme Court. #SupremeCourt
Read 27 tweets
Dec 16, 2022
Supreme Court observes that a when a particular property is targeted in a PIL, the High Court is often aware why the party has approached the court

CJI: Idea is to target one project and HC often knows why is it happening. You dont target the principle
#SupremeCourt
PILs could become an instrument of BLACKMAIL when it is an issue of an infrastructure project. This actually makes a plank to target such projects. High Court has actually smelled the rat here. This is happening across in Delhi, Mumbai, etc. Target fungible FSI and not this: CJI
What happens in such redevelopment projects is that only another competitor is behind such petitions and they join with other builders. I have sat across many such cases before the Bombay court: CJI DY Chandrachud #supremecourt
Read 4 tweets
Dec 16, 2022
[RTE Act] Delhi HC observes that there is a dismal state of affairs when it comes to rights of EWS children getting admission into private schools.
"It is high time that the judiciary exercises its powers under Article 226 of Constitution."
#DelhiHighCourt #EWS #RTEAct
Justice Chandra Dhari Singh quotes Mahatma Gandhi to hold that basic education should be free and compulsory in the country and it is a basic need for India.
Court says it is high time that the judiciary reaches the people because the poor people are not able to avail their fundamental rights.
It directs Delhi's Department of Education to ensure that RTE Act is implemented in letter and spirit and EWS get representation.
Read 7 tweets
Dec 16, 2022
Inhabitants of Valmiki Basti move #SupremeCourt against the proposed demolition of their basti in Nainital

Adv: We have a history of 100 years and notice was on December 7. But the demolition is illegal

CJI DY Chandrachud: Keep the papers ready, we will take it up
CJI: You can go back to the HC. Uttarakhand HC is working during vacations.

Adv: we were not arrayed as parties. March 2020 we had filed our review. we are the sanitation workers. we are the unwanted, nobody wants us as tenants. cry of poor dalits.

CJI: Sorry go to HC
Adv: I will withdraw then..

CJI: Nov 22 order is passed and you come at last moment and you put pressure on judges to stay. stay from SC means in public interest you see
Read 4 tweets

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