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Live Law
@LiveLawIndia 5 years, 10 months ago 977 views

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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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Supreme Court hears the writ petition filed by CPI Rajya Sabha MP Binoy Viswam @BinoyViswam1 seeking data protection measures for Unified Payments Interface (UPI).

Krishnan Venugopal for Binoy Viswam : The system of Whatsapp is not secure. Whatsapp is using the platform of the messenger service to allow payments.

#SupremeCourt

Krishnan Venugopal refers to the 'Pegasus' issue to argue that Whatsapp's system is not safe and secure.

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Krishnan Venugopal : Another issue is data localization. Problem with whatsapp, amazon & google is that when they allow payment to happen, data goes abroad. RBI justifies this process by saying that it is fine for data of Indians to go abroad without any formal protection.

Krishnan Venugopal : Critical financial data is allowed to be accessed by companies abroad and RBI justifies it. This is violation of Privacy judgment as my data is being grossly misused as these companies then collect this data and use it for advertisement purposes.

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A Full Court Reference at the Jammu & Kashmir High Court will shortly take place to bid Farewell to Chief Justice of J&K HC, Hon’ble Ms. Justice Gita Mittal as she demits her office.

Webcast link: https://t.co/d9PybM7HGp

The Full Court has assembled.

#Farewell #JammuAndKashmir #HighCourt

Advocate-General of Jammu and Kashmir commences his address as he recounts how it was a historical day when CJ Gita Mittal took over the High Court and how she took the institution to new heights.

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The AG lists the judgments of Justice Mittal, including but not limited to matters related to trans persons, colour-blindness et al, to showcase how a Judge never dies and lives through their judgements.

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ASG Vishal Sharma delivers his address.

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TATA Sons v Cyrus Mistry

Supreme Court bench led by Chief Justice of India assembles to hear the appeals filed by Tata Sons Pvt Ltd against the NCLAT direction to reinstate Cyrus Mistry as Company Chairman.

Senior Advocate Harish Salve starts submissions for Tata Sons.

@RNTata2000 @TataCompanies

Salve : This(Chairmanship) is not a post as understood in service law. In Company Law, this is designation.

#TatasCyrusMistryDispute

Salve : Tata Sons Ltd is a company of considerable vintage. It was created in 1917.

CJI : Was it a public limited company?

Salve : Never. It has always been a private company.

#TataSons
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Salve : The curious thing which has happened in the case is that there is a provision in Tata Son's Articles which restricts the transfer of shares. It also has a remarkable feature that the Board could direct a shareholder to sell shares.

#TataSons
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Live Law
@LiveLawIndia

<< 𝙇𝙤𝙖𝙣 𝙈𝙤𝙧𝙖𝙩𝙤𝙧𝙞𝙪𝙢 & 𝙄𝙣𝙩𝙚𝙧𝙚𝙨𝙩 𝙒𝙖𝙞𝙫𝙚𝙧 >>

#SupremeCourt bench led by Justice Ashok will today take up plea(s) seeking extension of loan moratorium owing to the pandemic alongwith sector-specific plea’s.

@RBI
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#loanmoratorium #ExtendMoratorium

Senior Advocate Ravindra Srivastava is making rejoinder submissions.
He says that no authority seems to be looking into the grievances of the borrowers.

Srivastava : Govt and RBI have come up with measures - for small borrowers (for loans up to 2 crores) on which I made submissions regarding discrimination.

They have shown nothing on record to prove why this was done, Srivastava says

Srivastava says that the intervention application of the IBA and the SBI circulars have been signed by the Deputy Managing Director but nowhere it has been stipulated to be a Board Approved policy.

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[WEBINAR]
Topic- Keys to Governance: Independence of Judiciary
The Webinar is being organized by India International Centre and D.S. Borker Memorial Foundation.
-Thursday 07 at 6:00PM-

Key Speakers:
1. Rtd. Justice Madan B Lokur, Former SC Judge
2. Tarunabh Khaitan, Vice Dean Faculty of Law, Oxford University
3. Maneka Guruswamy, Senior Advocate
4. N Ram, Former Editor in Chief, The Hindu
Moderator: Suhas Borker, Managing Trustee, DS Borker Memorial Foundation

The webinar has started.
Critical questions to be addressed in the webinar:
1. Is the SC performing its functions to defend the constitution satisfactorily?
2. Has the SC become an executive court?
3. Does the collegiums system ensure independence of judiciary?

4. Are post retirement benefits for judges compromising our judicial system?
5. Is there a need to increase the retirement age of judges?
6. Should there be a bar for restricting the post retirement jobs to judges?

7. How do you keep the government of the day at bay from exercising interference on the court?

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@LauraJedeed for the record nick lee @econbrkfst started bullying when a close friend was diagnosed with coronavirus. in respect of the tragic circumstances, i asked to be left alone. instead, econbrkfst bullied me mercilessly. my friend has died.

i don't think its reasonable to bully people, endanger them, violate their privacy, ridicule them, etc, as they process the death of their friends. if you knew the circumstances---which i tried to keep private---you would know why i feel injured by econbrkfst's harassment of me.

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@MamaJo0567 @rodcoffman @kylenabecker 1/ So much! When Kathy Bookvar’s last minute changes were announced one by one, and upheld by the court when challenged by PA legislature, I honestly felt like I was living some stupid movie! First, lets@let everybody vote by mail!

braingarbage
@braingarbage

@RabbiArielSton1 can you help me. i was concerned about the safety and well being of a person, who was alleged to have right leaning tendencies. in my concern, i reached out. his patterns escalated, and now i am constantly bullied with swastika imagery from antifa.

i have been a long term campaigner against nazi-ism in portland---and young antifa, refuse to research my work. due to my interest in de-radicalising someone, i am bullied by people like @realfrostylady who seek to punish me with brutal swastika imagery.

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my Jewish ancestry is less provable than many, and i have sincerely believed i have little bits of Jewish due to stories, and names. but does it matter? if i feel in my heart, connected to that pain, why must they brutally inflict more trauma on me. my loved ones from israel...

my loved ones from israel, are separated from me, and it was perhaps an original hate crime against me, that antifa seek to abuse me with further. perhaps it was to punish my many jewish friends, or past lovers. can you ask them to stop. the people involved with torturing me

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EVERYONE needs to read this. Stay informed. Scary times we're in. Texas, Arkansas, Alabama, Florida, Kentucky, Louisiana, Mississippi, South Carolina, and South Dakota (plus other States, as of morning of 12/10/20 - 21 STATES so far) file suit at the Supreme Court

charging Pennsylvania, Michigan, Wisconsin, and Georgia for unlawful elections which violate the US Constitution.

Source who works for the Pentagon confirms: “Soon, Trump will take over the National Broadcast System...Listen and follow Instructions...Don't Panic...

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China has purchased 130k ACRES of land near Laughlin AFB (even the MSM is confirming this). Chinese spies have been identified IN CONGRESS.

Chinese Parcel Services have been confirmed being received at election centers in US. Chinese leaders have bragged this week of their influence and control in American politics.

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Krishna & Paarijaata apaharana #sculpture #story #Thread

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This beautiful #sculpture depicts Indra Dev chasing Shri Krishna for stealing parijatha tree branch from Indralok

📸- sculpture on outer walls of Hoysaleswara temple, Halebeedu,Karnataka

Krishna has 4hands with Shankha,Chakra,Mace&Lotus holding Satyabhama tightly,mounted on Garuda. Garuda has a beautifully carved Parijata tree trunk in left hand& a weapon in his right hand, attacking Indra.

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They’re shooting into the chamber.

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