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Burnished law journal Burnished Law Journal(ISSN-2582-5534) Peer Reviewed National Law journal Indexed in Manupatra with o

The Supreme Court imposed fines on eight political parties for failing to comply with the top court's directions in rela...
16/08/2021

The Supreme Court imposed fines on eight political parties for failing to comply with the top court's directions in relation to disclosure of details of candidates with criminal backgrounds on their official websites as well as in newspapers and on social media in the Bihar Assembly Elections. While 6 parties, BJP, Congress, Rashtriya Janta Dal (RJD), Janata Dal United, CPI and Lok Jan Shakti Party were fined Rs 1 lakh for partial non-compliance, two parties, Communist Party of India (Marxist) and Nationalist Congress Party (NCP) were found to be in total non-compliance and were fined Rs. 5 lakh each.

A Delhi court granted bail to advocate Ashwini Upadhyay arrested in connection with anti-muslim speeches made at Jantar ...
16/08/2021

A Delhi court granted bail to advocate Ashwini Upadhyay arrested in connection with anti-muslim speeches made at Jantar Mantar on August 8. The court noted that as far as the allegation under Section 153A (promoting enmity between different groups on grounds of religion, race, place of birth, residence, language, etc., and doing acts prejudicial to maintenance of harmony) of the Indian Penal Code goes, except for a "mere assertion" there was nothing on record to show that the alleged hate speech to promote enmity between different groups was done in the presence or at the behest of the applicant/accused. As a result, Upadhyay was allowed bail subject to filing of personal bond of ₹50,000 with one surety in the like amount and subject to riders. He was directed to continue cooperating with the ongoing investigations and join the probe as and when summoned by the investigating officer.

Chief Justice of India NV Ramana revealed that the reason for having a mentioning officer at the Supreme Court was to en...
16/08/2021

Chief Justice of India NV Ramana revealed that the reason for having a mentioning officer at the Supreme Court was to ensure that Senior Advocates do not get priority when it comes to mentioning. "We don't want to give any special priority to seniors, and deprive juniors of their opportunities. So this system was made, where all can make the mention before the mentioning registrar", said the Chief Justice of India NV Ramana. The CJI also made it clear that if such requests are denied by the mentioning officer, lawyers could mention matters before him.

Justice Rohinton Nariman retired as Supreme Court judge after a tenure of over 7 years at the Supreme Court. In his fare...
16/08/2021

Justice Rohinton Nariman retired as Supreme Court judge after a tenure of over 7 years at the Supreme Court. In his farewell speech, Justice Nariman batted for more judges to be appointed to the Supreme Court directly from the Bar. "It is time for direct appointments to be made. After reaping so much, this profession allows one to give back," he said. He also said that merit should be the predominant consideration for appointment as Supreme Court judge. "Seven years of tenure is not enough. His exceptional brilliance and integrity will be remembered for centuries to come," members of the Bar said of Justice Nariman. CJI NV Ramana rounded off the ceremonial bench sitting with the following comments: I feel like I am losing one of the lions that guarded the judicial institution; one of the strong pillars of the contemporary Judicial System. He is a man of principles and is committed to what is right.

The Supreme Court has held that the fundamental right to shelter under Article 21 of the Constitution does not does not ...
16/08/2021

The Supreme Court has held that the fundamental right to shelter under Article 21 of the Constitution does not does not mean the right to government accommodation for retired government employees. While the right to shelter is granted to millions of Indians who do not have shelter, retired government employees cannot claim government accommodation as a matter of right. The Court held that orders passed by the Punjab & Haryana High Court and Delhi High Court giving preferential treatment to retirees of government service were wholly arbitrary and irrational.

The Bombay High Court held that it is the constitutional duty of the Governor to accept or return within a reasonable ti...
16/08/2021

The Bombay High Court held that it is the constitutional duty of the Governor to accept or return within a reasonable time the recommendations sent to him by the Council of Ministers for nominations of the 12 members to the State Legislative Council or else statutory intent regarding the same will be defeated. The court stated that "the obligation which the constitution vests upon the governor to either accept or return the recommendation as made by the Council of Ministers forming part of advice has to be discharged within a reasonable time". "What would be a reasonable time however must depend on the facts of each case and 8 months on facts seems to be beyond reasonable time" the Court dictated in its order.

The Allahabad High Court recently observed that the cutting up of beef/ cow meat pieces “in the secrecy of one’s house”,...
16/08/2021

The Allahabad High Court recently observed that the cutting up of beef/ cow meat pieces “in the secrecy of one’s house”, which may be on account of poverty and hunger, would at best be described as a law and order issue and not a public order issue to warrant detention under the National Security Act (NSA). The Court reasoned that the act of slaughtering a cow in the secrecy of one's own house in the wee hours of the day was probably because of poverty or lack of employment or hunger. As such, having concluded that this was a case involving only a law and order situation at best, and not an infraction of public order, the Court ordered the release of the three detenues if not wanted in connection with some other criminal case.

The Supreme Court called for a report detailing the norms followed while releasing prisoners from jail amid the COVID-19...
19/07/2021

The Supreme Court called for a report detailing the norms followed while releasing prisoners from jail amid the COVID-19 pandemic. A Bench of Chief Justice of India NV Ramana and Justices L Nageswara Rao and AS Bopanna also opined that uniform guidelines should be put in place for all States to govern such release of prisoners.The Court ultimately ordered, "We think it fit to direct Secretary of National Legal Services Authority (NALSA) and states to submit a report stating norms followed in releasing prisoners. Issues of why appeals by prisoners seeking release were not entertained can be clarified."

An accused person who is eventually acquitted of all charges would be entitled to have his name redacted from court orde...
19/07/2021

An accused person who is eventually acquitted of all charges would be entitled to have his name redacted from court orders (pertaining to the crime he was earlier accused of) in order to protect his right to privacy, the Madras High Court observed. A person who was accused of committing an offence and who was subsequently acquitted will be entitled to have his name redacted from orders to protect his right of privacy, the Court said. The right to be forgotten refers to the right to have one's personal details removed from the public domain, including the internet, once such information is no longer relevant or required to be publicly available.

Prescribing mediation as a mandatory first step for resolution of disputes will go a long way in reducing pendency of ca...
19/07/2021

Prescribing mediation as a mandatory first step for resolution of disputes will go a long way in reducing pendency of cases before courts in the country, Chief Justice of India (CJI) NV Ramana said. "Prescribing mediation as a mandatory first step for resolution of every allowable dispute will go a long way in promoting mediation. Perhaps, an omnibus law in this regard is needed to fill the vacuum," the CJI stated.

Trans Persons have the right to live anywhere in the country as per their wish, the Bombay High Court observed directing...
19/07/2021

Trans Persons have the right to live anywhere in the country as per their wish, the Bombay High Court observed directing the Mumbai Police to protect a trans person who was being forced to leave Mumbai against his will. "There is a grievance and you have to protect it. They are the citizens of the country. They can live as per their wish and will. How can you restrict them or tell them to go out of the city?" Justice Shinde remarked. The court then proceeded to direct the police to not force the petitioner to leave Mumbai or harass him in any manner.

Human rights experts at the United Nations (UN) have issued a statement urging India to halt the eviction of over 1 lakh...
19/07/2021

Human rights experts at the United Nations (UN) have issued a statement urging India to halt the eviction of over 1 lakh people in Khori Gaon, Faridabad at Haryana, that began this week following a Supreme Court order. The role of the Supreme Court is to uphold the laws and to interpret them in light of internationally recognized human rights standards, not to undermine them, they added. In this case, the spirit and purpose of the Land Acquisition Act 2013, among other domestic legal requirements, have not been met, the experts said.

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