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Right to possess land cannot be taken away without enquiry: Supreme Court by J Venkatesan

Giving a new dimension to poor farmers whose land is acquired for public purpose, the Supreme Court has held that right to possess a land being a right to property cannot be taken away without conducting an enquiry under the Land Acquisition Act (LAA). Giving this ruling a Bench of Justice G.S. Singhvi and Justice A.K. Ganguly said: “Admittedly the LAA, a pre-Constitutional legislation of colonial vintage is a drastic law,...

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‘Time for Parliament to delete IPC Section on attempt to suicide' by J Venkatesan

A person attempts suicide in depression He needs help, not punishment The Supreme Court on Monday recommended to Parliament that it consider the feasibility of deleting Section 309 of the Indian Penal Code (attempt to commit suicide) from the statute. Making this recommendation, a Bench of Justices Markandey Katju and Gyan Sudha Misra said though a constitution bench in Gian Kaur's case had held Section 309 IPC constitutionally valid, “the time has come...

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SC rules Aruna can't die but in favour of 'passive euthanasia'

The Supreme Court on Monday dismissed writer Pinky Virani's euthanasia plea for comatose sodomy victim Aruna Shanbaug but laid down certain guidelines for mercy killing which it said will hold till the Parliament formulates a law. The court dismissed Virani's plea because it held she is not the 'next friend' of the victim but the staff of KEM Hospital in Mumbai were. The staff of KEM Hospital were opposed to allowing...

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Public administration has fallen prey to corruption: former bureaucrats by J Venkatesan

They move Supreme Court for implementation of reforms Lack of good governance violative of Article 21 (right to life and liberty) Form independent Civil Service Board both at Centre and in States In a rare instance, 83 former bureaucrats including retired Chief Election Commissioners, retired police officers, a former Governor, retired diplomats and retired Chief Secretaries have come together and moved the Supreme Court seeking implementation of the recommendations on administrative reforms. A Bench...

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What’s wrong with seats for poor: SC

The Supreme Court on Thursday observed there was nothing wrong in the government’s attempt to provide 25% in private institutions for the economically weaker section. During the hearing on a batch of petitions challenging the Right to Education (RTE) Act, a bench headed by Chief Justice SH Kapadia verbally told the senior counsel for an institution that such bodies should not have any complaint as such a reservation was an investment...

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