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Bar & Bench Profile picture
@barandbench
May 1 • 4 tweets • 2 min read Twitter logo Read on Twitter
A Constitution bench of the Supreme Court to shortly deliver verdict in the case concerning its powers under Article 142 to grant divorces.

#SupremeCourt #SupremeCourtofIndia #divorce #law Image
Justice Sanjiv Khanna: We have divided the judgment into sections. Article 142 must be considered in light of the fundamental rights.

It should contravene a non derogable function of the Constitution. Court under the power is empowered to complete justice.
Order: We have held that the period of six months can be dispensed with.

It is possible for this Court to dissolve the marriage on irretrievable breakdown of marriage.

We have laid out the factors for this, specifically with regards to maintenance and rights of the children.
Correction in earlier tweet: *should not contravene

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More from @barandbench

Bar & Bench Profile picture
May 2
Gujarat High Court begins hearing the plea of Congress Rahul Gandhi seeking stay on his conviction and jail term imposed on him by a Surat Court for his "All thieves have Modi surname" remark.

@RahulGandhi

#RahulGandhi #GujaratHighCourt #DefamationCase #ModiSurname Image
Justice Hemant Prachchhak orders trial court to place before him the original "Record and Proceedings" of the case.
"I will conclude the hearings today or mostly day after tomorrow. Then, I will not be available here in India as I have to go out on May 4," Justice Prachchhak.… twitter.com/i/web/status/1…
Senior Advocate Nirupam Nanavati for complainant Purnesh Modi makes submissions.

Modi: The Court has to consider the seriousness of the offence and what is its impact on the victim and the society at large.
One who is convicted and ordered to suffer sentence of 2 years or… twitter.com/i/web/status/1…
Read 11 tweets
Bar & Bench Profile picture
May 2
Kerala High Court is hearing a plea seeking a stay on the release of the film Kerala Story Image
Adv Kaleeswaram Raj is appearing for the petitioner

Raj : Kerala has an environment where people all communities live in harmony. ...This film is showing something that is against all that
Bench of Justices N Nagaresh and Mohammed Nias CP is hearing the matter

Justice Nagaresh: Is this not a piece of Art?

Raj : this needs to be tested on constitutional morality
Read 22 tweets
Bar & Bench Profile picture
May 2
[Bilkis Bano case]

Supreme Court to shortly hear petition filed by Bilkis Bano challenging Gujarat govt decision to grant remission to 11 convicts who had gangraped her and murdered her family members during the 2002 Godhra riots.

#SupremeCourt #SupremeCourtofIndia… twitter.com/i/web/status/1… Image
Hearing begins.

Sr Adv Sidharth Luthra: If we are proceeding than only the main matter stands. Justice Rastogi has already decided on ...

Another counsel says writs I'm case not maintainable as per precedent

#SupremeCourtofIndia #SupremeCourt
SC: We will hear you. Let her make her case first.

#SupremeCourtofIndia #SupremeCourt #BilkisBanoCase
Read 18 tweets
Bar & Bench Profile picture
May 2
#SupremeCourt hearing a batch of petitions related to the All India Football Federation (AIFF), including objections raised to certain aspects of its draft constitution

Sr Adv Gopal GS: There is chart on the constitution as it stood Image
The top court had earlier directed the termination of the mandate of a three-member committee of administrators appointed by it in May 2022 to manage the affairs of the AIFF #Supremecourt
Sr Adv Harish Salve: the suggested measures will lead to a situation when there can be no monetisation made out of the game at all

CJI: The amicus curiae says they have accepted your suggestion
Read 17 tweets
Bar & Bench Profile picture
May 2
Supreme Court rules that the endeavour on part of the court should be to see that if case presented by prosecution is ultimately on what the fair chance of acquittal stands while deciding if a convict has to be released pending decision on his appeal

Justice JB Pardiwala : if… twitter.com/i/web/status/1… Image
Justice Pardiwala: Now here what is to seen has to be palpable and something which is gross on the face of record that conviction is not maintainable and appellate court should not reappreciate evidence at this stage. #SupremeCourtofIndia
Justice Pardiwala: HC has done impermissible thing and gone into political rivalries, overwriting in the first FIR and all this has to be seen in the final hearing of appeals #SupremeCourtofIndia
Read 6 tweets
Bar & Bench Profile picture
May 1
Suo Motu case regarding payment of pension to staff members of the Bombay HC- Goa Bench

Sr Adv Madhavi Divan for HC: out of 21, 17 have been paid and this is based on the CCS rules. The draft will take some time.

CJI DY Chandrachud: why is this taking so long? Image
Divan: the HC has sanctioned it and sent to the Goa government

CJI :One peon committed suicide because he was not paid pension for years and years. You have one HC for Maharashtra and identical work in Goa cannot get a different treatment from the one in Mumbai
CJI: You tell us before the vacations and close the rules by this. we will keep it this side of the vacation which will keep the pressure on.
Read 5 tweets

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