The Most Important Judgments Delivered By The Supreme Court
January 13th, 2017
Army cannot use excessive force under AFSPA: Taking fake encounters into consideration, the Supreme Court (SC) last year said that indefinite deployment of armed forces in the name of restoring normalcy under AFSPA would mock our democratic process. Therefore, our armed forces should not be used against our countrymen and women and that every person carrying a weapon in a disturbed area cannot be labelled as a militant or terrorist or insurgent.
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Denial of sex by wife during pregnancy, not cruelty: A man cannot seek divorce if his wife denies sex during her pregnancy, and it does not constitute cruelty.
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National anthem to be played at all cinema halls: SC has ordered that the national anthem should be compulsorily played at all cinema halls across the nation before movie screenings. It further stated that it should be accompanied by the national flag on-screen, and everyone present at the halls must be rise and pay respect to the National Anthem.
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Criticism of government doesn’t constitute sedition: Following the misuse and misapplication of the sedition law Section 124(A) of IPC, the Supreme Court announced that all authorities across the country would be bound by the Kedar Nath judgment of the apex court, which limits the scope of filing sedition cases under the provisions of Indian Penal Code.
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Cauvery Dispute: SC ordered Karnataka to release water and recommended setting up an independent committee to adjudicate the Cauvery dispute.
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Apex court bans the sale of fire crackers in Delhi: Considering the massive pollution effects of Diwali, SC banned the sale of fire crackers in Delhi NCR to keep the rising pollution level of the capital and surrounding areas in check. The licences of the existing firecrackers seller would be suspended.
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An extra-marital affair can not be abetment to suicide: A man cannot be held guilty if his wife commits suicide over his extra-marital affairs and the relationship cannot be regarded as mental cruelty. However, it would be illegal and immoral, and can be grounds for a divorce.
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SC’s examination of women’s entry at Sabarimala Temple: The Supreme Court said that it would consider referring the case challenging the ban on entry of women at the Sabarimala temple to a larger constitution bench. Earlier, Kerala’s ruling Left Democratic Front (LDF) government told the court in an affidavit filed in September that it was now in support of entry of women into the temple, reversing its earlier stand on the issue.
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SC Guidelines Now Protect Good Samaritans Who Help Road Accident Victims: On March 4, the Supreme Court said that it would pass an order on the recommendations of a three-member committee, chaired by its former Judge K.S. Radhakrishnan and comprising former Secretary of Road Transport Ministry S. Sundar and scientist Nishi Mittal, which had demanded protection for those saving accident victims.
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Three per cent quota for disabled must in all posts: Subjugating the central government’s earlier orders on restricting reservation for the differently-abled in promotion to Group A and Group B posts, the Supreme Court has ruled that three per cent reservation shall be provided to them in all posts and services under the Government of India.
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Author: Nikhil Bharadwaj