Supreme Court Legal News SC upheld demonetisation by a majority of 4:1 The Supreme Court in a very significant judgment by a majority of 4:1 has upheld the demonetisation. The majority judgment authored by Hon'ble Mr. Justice B.R. Gavai answered the reference as follows:- 1. The power available to the central Government under Section 26(2) of the RBI Act cannot be restricted to mean that it can be exercised only for one or some series of bank notes not for all series of bank notes. The pow...

Hon’ble Mr. Justice A. Muhamed Mustaque & Hon’ble Mrs. Justice Shoba Annamma Eapen* Vysakh v. Union of India W.P.(C).No.26500 of 2020 & connected cases Decided on 22nd December, 2022 Constitution of India, Articles 21 & 226 – Right to be forgotten/Right to be let alone – A claim for the protection of personal information based on the right to privacy cannot co-exist in an Open Court justice system.* Held: We declare that a claim for the protection of personal...

Kerala High Court Legal News Stipulation of minimum period of separation of one year for the purpose of filing a divorce petition by mutual consent under Section 10A of Divorce Act (Christian Law) is violative of fundamental right and is declared unconstitutional.: Kerala High Court A Division Bench of the Kerala High Court declared Section 10A of Divorce Act unconstitutional as it found the fixation of the minimum period of separation of one year as stipulated under Section 10A is violative ...

Supreme Court Legal News Power under S. 319 of CrPC for summoning additional accused when the trial with respect to other co-accused has ended has to be exercised before the pronouncement of the order of sentence where there is a judgment of conviction.: SC Constitution Bench answering the reference issued detailed guidelines The Supreme Court Constitution Bench while answering a reference regarding the power of Trial Court under Section 319 of CrPC held that “The power under Section 319 ...

Supreme Court Legal News PPA is not a statutory contract: Court can still interfere if found to be afflicted with the vice of arbitrariness. The SC Bench comprising Hon’ble Mr. Justice K.M. Joseph & Hon’ble Mr. Justice Hrishikesh Roy while considering question of termination of contract (PPA) held that PPA (Power Purchase Agreement) is not a statutory contract. Further held among other things that “The mere fact that relief is sought under a contract which is not statuto...