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A Supreme Court bench headed by CJI SA Bobde is hearing a PIL seeking the direction for the Ministry of Home Affairs, Law and Justice and Women and Child Development to make all the personal laws uniform.

Senior Adv. Pinky Anand is appearing for the Petitioners followed by Meenakshi Arora.
The plea seeks the removal of personal laws as they are discriminatory under Art. 14,15 and other provisions of International Covenants.

CJI: You want the abolishment of Personal Laws?
Pinky Anand: No
CJI: You are not saying it doesn't mean that's not the reality.

"You are asking us to encroach upon personal laws and remove the distinction that they create." CJI said.

Pinky Anand refers to the cases of Shayara Bano and Sarala Mudgal to argue that Courts on earlier occasions have struck down laws and gave directions for practices found to be unconstitutional.

"In Sarla Mudgal case the Govt. was asked to step in the case of Uniform Civil Code." she argued.

CJI: Government is the pulse of people. They can do so. How can we as a Court encroach on personal laws?

Pinky Anand: The prayer is to remove discriminatory practices qua religion, qua practices which infringe Fundamental Rights.

"Exactly same thing was done in Shayara Bano case, " she continued

CJI: Did we say in Shayara Bano that the grounds of divorce be same? What was the discriminatory provision?

"Triple Talaq was found to be non existent as it was an old practice. Also, in that case Parliament passed a legislation. " CJI continued

Anand: This court on earlier occasions has passed directions in cases where no prior law was made. Same happened in Sarla Mudgal. That is what we are praying.

Meenakshi Arora: This is a larger issue. Religious practices are one thing. But constitutional rights are another.

"When religious practices directly infringe the Fundamental Rights, they cannot be said to be protected." she argued.

The bench while issuing notice in the case remarked "We are issuing notice with great caution. "

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Live Law
@LiveLawIndia

Supreme Court takes up the petitions challenging the constitutionality of farmers laws.

Adv P Wilson @PWilsonDMK says he is appearing in one of the petitions challenging the Acts.

CJI : All the advocates who appeared yesterday(in PILs against farmers protests) are not seen today except for Mr. Dushyant Tiwari

Dushyant Tiwari : I have impleaded the farmers unions.

Solicitor General : There is a confusion. The first item is the petitions challenging the validity of laws.

CJI : We will not decide the validity of the laws today. The first and the only thing we will decide today is regarding the farmers protest and the fundamental right of citizens to move. The question of validity of laws can wait.

CJI : We will hear Mr. Salve, Mr. Parihar and other petitioners (in PILs against farmers protest)

#FarmersProtest

Live Law
@LiveLawIndia

Bombay High Court hearing the bail application of Gautam Navlakha in Bhima Koregaon case.

Senior Advocate Kapil Sibal @KapilSibal appearing.

Sibal narrating the case background since August 2018.

Sibal mentions that the Delhi High Court had initially stayed the transit remand of Gautam Navlakha from Delhi to Mumbai and he continued to be house arrest.

#GautamNavlakha
#BhimaKoregaon

Sibal : On October 1, 2018, the Delhi High Court quashed the arrest and remand of Navlakha. By that time, he had spend 34 days in custody under house

Sibal : On April 14 this year, Navlakha surrendered in Delhi before NIA after his bail applications were dismissed by Bombay High Court and the Supreme Court.

@KapilSibal

#BhimaKoregaon #BombayHighCourt

Sibal : He has cumulatively spend 93 days in custody. The application for extension of time was filed on June 29, which is the 110th day.
#BhimaKoregaon #BombayHighCourt

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Live Law
@LiveLawIndia

Crucial hearing in the farmers protests cases in the Supreme Court today.

A bench headed by Chief Justice of India will hear the cases post 11 AM.

#FarmersProtest
#FarmLaws

The Delhi police has filed an injunction application to stop the proposed tractor rally by protesting farmers on the Republic Day.

On January 12, the SC had issued notice on the petition. It will be considered today.

#FarmersProtest

In another significant development, one farmers' union, Bhartiya Kisan Union Lokshakti, filed an application seeking the complete reconstitution of the Committee constituted by the SC for negotiations. One member, BS Mann, had recused earlier.

On Jan 12, the top court had stayed the implementation of the farm laws after observing that the Centre has failed in its negotiations. The SC also constituted a committee for talks. However, the protesting unions said they will not appear before the committee.

#FarmersProtest

The SC observed in its order that the staying the implementation will "assuage hurt feelings of farmers" and will "encourage them to return".

Read Summary Of Supreme Court Directions

#FarmersProtest #FarmLaws

Live Law
@LiveLawIndia

Supreme Court Bench headed by Justice Ashok Bhushan will hear today pleas filed by director, producer, writer & actors of the web series Tandav to quash criminal proceedings initiated against them for allegedly hurting religious sentiments.

#Tandav @Mdzeeshanayyub @aliabbaszafar

The petition has been filed by Director @aliabbaszafar, Producer @iHimanshuMehra, Writer @_gauravsolanki, Actor @Mdzeeshanayyub and @PrimeVideoIN @amazonIN Original Head @aparna1502.

#Tandav #WebSeries #SupremeCourt

Last week, the Bombay HC had granted transit anticipatory bail to Tandav web series director Ali Abbas Zafar, producer Himanshu Mehra, Amazon content head Aparna Purohit and writer Gaurav Solanki enabling them to seek regular pre-arrest bail from Uttar Pradesh.

#Tandav

Details of the Bombay HC order can be found here. 👇🏽

‘Tandav' Series Row : Bombay High Court Grants Transit Pre-Arrest Bail To Director, Producer, Writer, Amazon Content Head

#Tandav #SupremeCourt @Mdzeeshanayyub @aliabbaszafar

Sr. Adv. Fali S. Nariman will be appearing in the matter.

#Tandav #SupremeCourt @PrimeVideoIN @Mdzeeshanayyub @aliabbaszafar

Live Law
@LiveLawIndia

Supreme Court to hear shortly a petition filed by UPSC aspirants seeking extra chance for those candidates who had given their last attempt in October 2020.

#UPSC2020 #UPSCExams

The petitioners rely on the September 30 order of the Supreme Court which directed the Centre and UPSC to consider granting an extra chance to last attempt candidates with corresponding rise in upper age limit.

#UPSC #civilservices

Report of order

A bench comprising Justices AM Khanwilkar, BR Gavai and Krishnan Murari will take up the petition seeking extra attempt for last chance USPC aspirants in a short while.

#UPSC #civilservices #upsc2020 #upscprelims2020 #SupremeCourt

The bench has taken up the petition of UPSC aspirants for extra attempt.

#UPSC #civilservices #upsc2020 #upscprelims2020 #SupremeCourt

Issue regarding grant of extra chance for last attempt UPSC candidates is under consideration of the Central Government, Solicitor General tells the bench.

#UPSC #civilservices #upsc2020 #upscprelims2020 #SupremeCourt

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@vikramhegde

Today is the last working day of the Supreme Court for the year 2020.

In a year of many unprecedented events, the Supreme Court has laid down many precedents, in more than one sense of the term.

My list of the notables, but not necessarily in order of notability, is here👇

1. In re. problems and miseries of migrant workers: A petition seeking help for migrant workers affected by the COVID lockdown had been disposed off. Then the Court suo moto took up the miseries of workers and sought to oversee the facilities for the migrant workers.

2. Government passed orders directing employers to not stop paying wages to workers. Employers challenged this In Ficus pax v. Union of India. Supreme Court directed employers to negotiate with employees.

3. In a decision having bearing upon its own administration, in Chief Information Commissioner v. HC of Gujarat and Anr. the court held that where HC rules provide for a procedure to obtain certified copies, same cannot be obtained by RTI.

4. The 2013 Land Acquisition Act resulted in lapse of some acquisition proceedings under the old 1894 Act. 5 judges in Indore Development Authority v. Manoharlal clarified that proceedings will not lapse either compensation has been paid or physical possession has been taken.

Natasha Bertrand
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SCOOP/BREAKING NEWS: The Energy Department and National Nuclear Security Administration, which maintains the U.S. nuclear weapons stockpile, have evidence that hackers accessed their networks, officials directly familiar with the matter said.

Investigators found suspicious activity in networks belonging to the Federal Energy Regulatory Commission (FERC), Sandia and Los Alamos national laboratories in New Mexico and Washington, the Office of Secure Transportation and the Richland Field Office of the DOE.

DOE and NNSA officials have begun coordinating notifications about the breach to their congressional oversight bodies. Officials at DOE still don’t know whether the attackers were able to access anything, the people said—and may not know "for weeks"

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Bar & Bench
@barandbench

TATA v MISTRY [Day 6]

Hearing to resume before Supreme Court in a short while from now.

@tatatrusts
@TataCompanies

#SupremeCourt

TATA v MISTRY

Senior counsel Shyam Divan begins arguments on behalf of Shapoorji Pallonji group.

@tatatrusts @TataCompanies

TATA v MISTRY

This case is about corporate governance. We have moved from corporate democracy to a much richer corporate governance under the amended Companies Act: Divan

@tatatrusts

TATA v MISTRY

The management of company is the board. The most crucial obligation imposed on Director now is that the director is a fiduciary. A fiduciary's allegiance is to the company alone: Divan

#SupremeCourt #tatasons

TATA v MISTRY

Lack of probity is much broader than financial irregularities.

The long relationship between the two groups developed over decades. It developed in the context of a statutory framework which restricted the role of private trust: Divan.

Bar & Bench
@barandbench

#BombayHighCourt is hearing the default bail application filed by Gautam Navlakha, accused in the #BhimaKoregaon case.

Bench of Justices SS Shinde and MS Karnik are hearing the plea.

Senior Advocate Kapil Sibal submits that this is a simple matter of bail to be decided on facts.

He claims that Navlakha was in custody for more than 90 days. He was under house arrest for some time before being taken into judicial custody.

Sibal submitted that Navlakha had surrendered on April 14 and spent 93 days in custody. He spent 34 days in custody before remand order of Magistrate.

Sibal points out that the nature of custody may have changed but it was arrest nonetheless and for this reason, he should be granted bail.

Additional Solicitor General SV Raju appearing for the NIA begins his submission.

He points out that the police had only arrested him and had not taken custody.

braingarbage
@braingarbage

In the MATTER OF Jones David HOLLISTER
A171609.
Court of Appeals of Oregon.
July 8, 2020.
https://t.co/qB3G8IAtxS we must correctly interpret the statute.
Stull v. Hoke, 326 Or. 72, 77, 948 P.2d 722 (1997).
legal change of sex from male or female to nonbinary

Before DeVore, Presiding Judge, and Mooney, Judge, and Hadlock, Judge pro tempore.

https://t.co/oJuecwvEKc

J. Gibbons https://t.co/TieeoF2bZd
— braingarbage (@braingarbage) December 5, 2020

Bruce L. Campbell, John C. Clarke, and Miller Nash Graham & Dunn LLP filed the brief amicus curiae for Transgender Law Center, interACT, and Beyond Binary Legal.

Does ORS 33.460 permit the circuit court to grant a legal change of sex from male or female to nonbinary? The circuit court concluded that the statute does not permit such a change, and it denied petitioner's application under ORS 33.460

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