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The Latest Breaking News from Bench

Impacting a woman’s freedom to reproductive choices

There is no place within India’s constitutional structure to see a foetus as anything but dependent on the mother’

The Hindu

Review plea filed in SC against same-sex marriage judgment

A petition has been filed in the Supreme Court seeking a review of a Constitution Bench’s majority judgment which had held that only the legislature can recognise or regulate queer marriage.

The Hindu

Madras High Court orders demolition of Vilayattu Vinayagar Temple at Ranganathan Street junction in Chennai

Madras HC permits GCC, Southern Railway to demolish Vilayattu Vinayagar Temple on govt land; orders idols to be shifted to another place within 15 days. GCC plans to build skywalk, staircase & escalator. Temple & tenants' writ petitions dismissed; temple argued no authority over govt property, but Bench refused to…

The Hindu

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Permit Rajyotsava celebrations at Chamarajpet Idgah maidan if there is no legal impediment, High Court tells Karnataka govt.

The High Court of Karnataka on Tuesday directed the State government and the Bengaluru Urban District Administration to permit Chamarajpet Nagarikara Okkuta (CNO) to hold three-day Rajyotsava celebrations at Idgah Maidan, Chamarajpet, from November 1 to 3.

The Hindu

Madras High Court refuses to interfere with RDO’s order to demolish two-storey building found sinking in loose soil

Madras HC upholds RDO's order to demolish two-storey building due to its sinking in loose soil, posing threat to occupants & neighbours. Bench noted govt engineer's report & Anna Univ expert's opinion that soil was very poor & building unfit for habitation.

The Hindu

CJI to head five-judge Bench that will hear electoral bonds case

The Supreme Court named the five judges on the Constitution Bench scheduled to hear petitions challenging the legality of the electoral bonds scheme, which facilitates anonymous donations to political parties.

The Hindu

Omni buses cannot fix and collect fare from individual passengers, ruled Madras High Court in 2016 but matter now in SC

using contract carriage permits, fix and collect the fare from individual passengers? No, said a Division Bench (comprising two judges) of the Madras High Court way back in 2016. However, the Supreme Court had stayed the High Court’s verdict on February 3, 2017 following an appeal preferred by the Tamil…

The Hindu

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HSRP for old vehicles: Karnataka High Court keeps order in abeyance to facilitate govt. to hold deliberations with stakeholders

A Division Bench of the High Court of Karnataka on Wednesday kept in abeyance the single judge’s September 20 order, which had directed the State government to formulate a scheme to ensure that all vehicle manufacturers can grant approval across board to all manufacturers of the High Security Registration Plate…

The Hindu

Provisions of Karnataka Education Act on retrenchment of employees applies even for unaided and linguistic minority dental colleges: High Court

The provisions of the Karnataka Education Act, 1983, related to service conditions such as retrenchment and resignation of employees in educational institutions applies even to the unaided linguistic minority dental institutes, the High Court of Karnataka has said.

The Hindu

Madras High Court refuses to issue direction to have all corruption case FIRs forwarded to Enforcement Directorate

Madras HC refuses to direct TN govt, DVAC to forward FIRs to ED for registration of ECIRs under PMLA; A-G refutes allegation of FIRs not uploaded due to technical reasons; Bench accepts A-G's statement & disposes of case.

The Hindu

Infant rape and murder case | Supreme Court sets aside man's conviction, remits matter for fresh trial

Supreme Court sets aside death penalty of man convicted for rape, murder of 3-month-old, remits matter for de novo trial. SC noted trial was conducted in a "hurried manner" without giving accused proper opportunity to defend himself.

The Hindu

Madras High Court dismisses ED’s 18-year-old appeal against quashing of insolvency notice issued to Dhinakaran in 2001

Madras HC dismisses ED's 18-yr-old appeal against insolvency notice issued to AMMK leader T.T.V. Dhinakaran. Bench held debt, debtor & creditor terms capable of wider meaning & application in insolvency maintainable for non-payment of penalty. Left 4th question open.

The Hindu

Same-sex marriage and the fundamental right to marry | Explained

In the wake of the same-sex marriage verdict, The Hindu decodes what the top court has previously said about the fundamental right to marry and whether international human rights covenants recognise such a right.

The Hindu

Public flogging of Muslim men: Gujarat HC sentences four policemen to 14 days’ imprisonment

Gujarat HC sentences four policemen to 14 days’ imprisonment with a fine of ₹2,000 for flogging Muslim men in Kheda. Court terms act as “inhumane” & “against humanity”, noting it caused physical torture & humiliation. Refused to accept apology, citing it would send wrong message to society.

The Hindu

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The Hindu

Supreme Court’s verdict on same-sex marriages | Explained

The Hindu decodes the same-sex marriage verdict, the divided opinions on adoption rights and civil unions, and where the judgment sits in the larger queer rights movement in India.

The Hindu

Transgender persons in heterosexual relationships have the right to marry under existing law, Supreme Court holds

A Constitution Bench held that “transgender persons in heterosexual relationships have the freedom and entitlement to marry under the existing statutory provisions”

The Hindu

Same-sex marriage | Supreme Court’s majority view holds that it cannot legalise queer unions

Five-judge Constitution Bench holds non-heterosexual couples cannot claim unqualified right to marry; minority view of CJ and Justice Kaul holds State should carve out regulatory framework to recognise civil union; majority view of Justices Bhat, Kohli and Narasimha holds it's for legislature to recognise and grant legal status to non-heterosexual…

The Hindu

Same-sex marriage case | Supreme Court to pronounce judgment on October 17

The judgment is eagerly awaited as the government had stiffly objected to the idea of a judicial declaration giving legal status to same-sex relationships, saying that would result in confusion and encroach into the legislative domain.

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The Hindu

SC notice on AAP MP Raghav Chadha’s challenge to his indefinite suspension from Rajya Sabha

The Supreme Court on Monday issued formal notice to the Rajya Sabha Secretariat on a petition by Aam Aadmi Party (AAP) MP Raghav Chadha, who has challenged his “indefinite suspension” from the Upper House. A three-judge Bench headed by Chief Justice of India D.Y. Chandrachud sought a response from the…

The Hindu

Supreme Court refers electoral bonds case to 5-judge Constitution Bench, to start hearing on Oct. 31

Supreme Court refers to 5-judge Bench pleas challenging validity of electoral bond scheme for political funding. CJI Chandrachud and Justices Pardiwala & Misra receive application for urgent hearing. PILs allege ₹12,000 cr paid to parties, 2/3 to one major party.

The Hindu

Why are abortion laws in the spotlight again? | Explained

What are the rules on terminating a pregnancy under the Medical Termination of Pregnancy Amendment Act? Why has the case of a married woman who is 26 weeks pregnant led to a pro-life versus pro-choice debate?

The Hindu

Prepare Ramanthapur tank work fence estimate after seeking EC permission: HC tells GHMC chief

The Hindu

Umar Khalid’s bail plea: a timeline of court hearings and adjournments

In jail since September 2020, Umar Khaild’s bail plea has been adjourned seven times by the top court

The Hindu

Supreme Court imposes ₹5 lakh fine for ‘frivolous’ PIL; dismisses plea on evolution theory

“This is only a frivolous attempt to use the PIL jurisdiction to propagate some publicity for the petitioner,” Chief Justice Chandrachud ordered.

The Hindu

High Court permits Karnataka govt. to appoint 12,901 candidates to graduate primary teacher posts from provisional selection list

The High Court of Karnataka has permitted the State government to appoint 12,901 teachers from among 13,352 selected candidates from the provisional selection list for the post of graduate primary teacher for classes VI to VIII in government and aided educational institutions.

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