Justice Indu Malhotra sought to ask from the Senior Advocate Rakesh Dwivedi that “is there a change in the stands of Devaswom Board”? The query came from the senior counsel urged to review petitioners to accept that the change in the society that the judgement wishes to bring about. Relying on the impugned judgment, Senior Advocate Rakesh Dwivedi contended that none of the ancient texts or scriptures produced before the apex court qualified the restriction as an essential religious practice. “On Article 25(1), there is complete unanimity- it says ‘all persons are equally entitled’. A religious practice has to be consistent with this dominant theme“, he continued and in the context of Rule 3(b) of the Kerala Hindu Places of Worship (Authorisation of Entry) Rules being declared ultra vires, he submitted, that it was argued that the Ayyappa devotees constitute a separate denomination and hence, they have the benefit of the Proviso to section 3 (of the parent Act of 1965). But they were held to not be a religious denomination in the constitutional sense”. In so far as the review petitioners canvassed the constitutional morality as applied, the morality of the nation versus the morality of a section of the society, Mr. Rakesh Dwivedi argued that it is clear “Your Lordships don’t see it as a subjective concept. Constitutional morality is the nomenclature for the mandatory provisions of the Constitution and the ideals of the Preamble- Articles 14, 15, 17, 21, 25, the principle of dignity“. Amidst opposition from Mr. Dwivedi, Senior Counsel Abhishek Manu Singhvi had advanced arguments on behalf of Prayar Gopala Kishnan, the former chairman of the Devaswom Board. Although Dr. Singhvi had represented the Board in the original matter, he assured that there is no conflict of interests. He placed reliance on the Venkataramana Devaruand case where the Court had observed that Gods are worshipped in India not generally, but in particular manifestations- “The conduct of worship, where to stand and worship, and who are entitled to worship were all recognized as ‘matters of religion”. Dr. Singhvi also insisted that untouchability for the purpose of Article 17 has to be read as caste-based or religion-based exclusion- “There is no exclusion of women or men or of a class of men or women based on religion or caste. The Civil Rights Act (of 1955) will have to be read harmoniously with Articles 25 and 26. If it was out of the way and I have protection under Article 25 and 26, the Civil Rights Act cannot come in the way.” Dr. Singhvi contended that in a pluralistic society, an external standard of rationality based on constitutional morality, particularly where 25 and 26 allow the subjectivity of the belief-holder, cannot be permitted. Finally, Dr. Singhvi attacked the assumption that there must be the universality of practice across the Hindu religion for it to be an essential practice- “Hinduism, unlike the more recent religions, is a highly diverse religious system. India is the most diverse country in the world and within India, Hinduism is the most diverse.
The petition seeking the re-examination of the 2018 Aadhar Verdict which declares the Aadhar act constitutional and valid was dismissed by a 5-judge bench in a 4:1 verdict. In January the petitions were considered by a bench of Justices A M Khanwilkar, D Y Chandrachud, S Abdul Nazeer, Ashok Bhushan, and B R Gavai in the chamber and the order was up on the website on Wednesday.
On Tuesday, the Supreme Court upheld the amendments in the insolvency and bankruptcy code which makes it mandatory for a minimum of 100 or 10% of home buyers of a project to initiate insolvency proceedings against a builder for not delivering flats or commercial shops on time.
The ad war between the German personal care brand Sebamed and the consumer goods giant Hindustan Unilever Ltd (HUL) has come to an end. On January 19th, Bombay High Court passed an injunction order permitting the Sebamed ad against Hindustan Unilever’s Dove without any changes. It was observed that Sebamed ads were backed with evidence-based data. However, Sebamed was ordered to put an end to its advertisement that compared HUL soap bars Lux, Pears, and Santoor with Rin and detergent category.
The Aurangabad Bench of the Bombay High Court rejected 4 petitions of 4 businessmen after observing that white-collar crimes are more serious than murder and dacoity. The businesspersons were booked for fraud of evading GST by producing fake invoices.
Right To Protection Can’t Be Granted To Married Woman Involved in Live-in Relationship: Allahabad High Court
The Bench of Allahabad High Court dismissed a petition of a live-in couple, observing that a married woman in a live-in relationship is not entitled to any sort of legal protection whatsoever. The Court remarked that they are adults and should live as ‘husband and wife’ if they want no one to interfere in their lives.
While the Supreme Court heard a plea seeking an injunction against the tractor rally that is scheduled for January 26th, it held that it is the decision of the Delhi Police officers to see whether the protesting farmers should get entry into Delhi on Republic Day.
In November last year, the Court had reserved its judgement on the PILs that came from 8 former police officers from Maharashtra, lawyers, activists and NGOs, seeking restraining orders against the media trial in the Sushant Singh Rajput case.
Another writ petition has been filed by women advocates in the Supreme Court against the decision of the Delhi HC of directing the expansion of physical hearing of cases within the National Capital Territory of Delhi without giving an option to litigants to be represented by their lawyers virtually.
The present report had been filed by the Official Liquidator for the dissolution of M/s AtRo Limited under the provisions of Section 497 (6)...
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