SC Bench Has No Power, Diwan Roars in SC

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SC Bench Has No Power, Diwan Roars in SC #SupremeCourtIndia #LawChakra #hearing
A seven-judge Constitution Bench of the Supreme Court on Thursday (12/10/23) reserved its verdict in the batch of petitions dealing with the question of whether unstamped arbitration agreements are valid in law. A Bench of Chief Justice of India (CJI) DY Chandrachud and Justices Sanjay Kishan Kaul, Sanjiv Khanna, BR Gavai, Surya Kant, JB Pardiwala and Manoj Misra finished hearing arguments today.
Last month, the Supreme Court had referred the issues decided by a five-judge Constitution Bench judgment in NN Global Mercantile Pvt Ltd v. Indo Unique Flame Ltd & Ors to a seven-judge bench for reconsideration.
Senior Advocate Shyam Divan, appearing for the respondents, commenced his arguments by questioning the Supreme Court five judge bench's decision of referring the matter to a seven judge bench in its curative jurisdiction.
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7 сен 2024

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Комментарии : 109

@rogerregal1423 10 месяцев назад

Justice delayed is Justice denied..the Court's are dodgy..no clear cut verdicts..Manipur, Maharashtra, Goa, etc etc..hotch-potch..sad state of affairs..

@maheshnayak3001 23 дня назад

Brilliant arguments by senior counsel Shyam Divan. He has, in association with Martha Noble and Armin Rosencraz , written a fantastic book on environmental law in 1991 and revised the book in 2001.

@S_59587 11 месяцев назад

REALLY A TEST OF THE PATIENCE OF THE CJI AND THE BENCH.

@LuffyDsan 11 месяцев назад

What hurts our courts is to tell them you dont have jurisdiction in said case, specially higher courts.

@sundarnarayanan3511 11 месяцев назад

After the judgment the case Transferred to a larger bench, then what Mr Diwan is arguing is logical

@vjsingh2662 11 месяцев назад

Protocols are not meant to be sacrosanct A patient's life may be at stake Why be forced to adhere to legalities Let us learn from past mistakes.

@hemantdeshpande7185 10 месяцев назад

Exactly

@ssundararajan7300 10 месяцев назад

It is a layman point. But unfortunately Court formed a Seven judge bench, without any jurisdiction. Very powerful argument.

@umeshchandramishra3210 11 месяцев назад

Very unfortunate situation . No words to express our bad feelings for such system 😭

@hemantdeshpande7185 10 месяцев назад

System is not bad , the narrow interpretation or narrow point of view as opposed to its ultimate duty is the problem .

@SachiKrishna-em3vl 10 месяцев назад

This is the only profession where it's ilk can suddenly question the highest insitution with so much of contempt. Are they perfect human beings to question everyone else

@LawChakra 10 месяцев назад

Thats their job

@lawclerksanbar3790 9 месяцев назад

So many in comment section don't understand in what context Mr Diwan is arguing and let me tell you, he is concerned only with referring the arbitration matter to a larger bench of SC, he is not questioning the Power of SC bench but only the DECISION of SC bench to refer THE MATTER to a larger bench of 7, (Which is usually reserved for matter of national importance) & it's curative jurisdiction. He is not arguing on the points of actual Jurisdiction of the SC bench as the title suggest. His arguments in layman terms is this, "why are you referring the matter to a constitutional bench of 7, when it was already decided by a constitutional Bench?", "where is the jurisdiction to do so?" This entire video is purely legal and not political and not modi govt nor has anything to do with trustworthiness of SC or it's power

@LawChakra 9 месяцев назад

Agreed, Each thumbnail and Title and Video should be readin context to the argument being presented by the lawyer.

@MIDRaju 10 месяцев назад

The lawyer's manner of argumentnt does not appear like one facing a sipreme court bench but ls like a professor lecturing a class of students.

@satyanarayanaparuchuru1639 11 месяцев назад

Humanity and human laws are the founded stones in construction of indian Constitution

@satyanarayanaparuchuru1639 11 месяцев назад

We have great respect on senior citizen and who have long standing health problems as a senior citizen who face economic offence allegation,is to be permitted to get from Family doctor.Because after 70 years of health of senior citizens would be up and downs and what would be happened not be known.

@user-ih4zl7qr7v 20 дней назад

Supreme court of India is third body of Indian constitution to give justice to people of india and alsoto find legal advice to the government of india when problems arises between legislative and executive bodies and also indian state governments.🙏🙏🙏🙏🙏🙏⭐⭐⭐⭐⭐⭐⭐

@sumitbhattacharya4402 10 месяцев назад

Cji saying court should consider Grave public injury, who is considering grave injury caused to public of Delhi by controlling delhi by Prume minister why the election were held than ??

@phalakshank379 10 месяцев назад

Why we should call it as SUPREME COURT If it has no power to avoid worst things happen in the country

@jasbirsinghmankoo5804 10 месяцев назад

What's the use when we can hear advocate's voice but not of judges. Is it that judges voice is curtailed or they are afraid of.

@vinodvedak2741 10 месяцев назад

This can happen only in the Modi government regime because they do not respect SC

@vaxermeridian9730 10 месяцев назад

@@kirankunte5925 Modi me abhi utna guda nahi hai ki emergency la de. lekin SC ka mazak to bana hi chuka hai wo sabko pata hai.

@lawclerksanbar3790 9 месяцев назад

LAYMAN. This happens alot more common than you are let to believe... this is how courts function on daily basis and senior counsels argue exactly like Mr Diwan when they're arguing the jurisdiction of the court, nothing surprising, nothing modi govt go to influence. Don't believe everything you see in the internet.

@priyanshu1265 5 месяцев назад

What disrespectful in that? Atleat now we have the absolute confidence to totally disagree with SC unlike previously like ohh.. my god SC it's everything it's the cream of the top, not anymore. More and more people are coming with opposed view and isn't afraid to call out Sc.

@PumkinS33ds-g6t 22 дня назад

Lol modi is elected govt unlike selected nepo kid cji soros agent. Focus on momta begum dictator regime in bengal

@PumkinS33ds-g6t 22 дня назад

It was under currupt congress dynasty regime that emergency happened lol

@goldentunes1218 9 месяцев назад

Beautiful 👍🙏🏿👏🏻 Diwanji. MiLods lost the ground to stand on

@user-cn7yu6lz6i 10 месяцев назад

The SC is a constitutional institution for every Indian citizen. The democratic soul is its essence.Any allegations for such apex judiciary itself is suo motto contempt of the apex judiciary court. We expects everything from our apex guardian judiciary, but simultaneously ignore the ethics & respect of such constitutional institution. If any central government has its supremacy in the country, the SC has no problem. But if it hurts the conscious of the citizens, the untoward situations be uncontrolled for any such wilful intensions.Really, we live in our self ego rather to learn from our ancestors. The final destination inculcated is negative growth for heinous crimes. If respect, discipline, obedience, duties for human, humanity & such selfless services ceases, where we all be? The country of Aryabhatta, Varahmihir, such Shankaracharya, Vishnugupta has no love for nation except selfishness, the path of hell is standing in front of us. Beware of such silence stick of Dashawatar Vishnu.Tolerence is our way of life, patriotism is its eternity power. Wait & watch is the necessity of the hour.

@amareshroy7732 5 месяцев назад

The fact is when the judges on bench are mild polite,attentive,the pleding lawyers become more aggresive and dominating.the matter goes to extreme when the case are of big buisness house or of political stalwarts.

@surekhac5249 10 месяцев назад

Why manish sisodia is not getting bail?This is the way supreme court work under pressure.

@RajKrsna 24 дня назад

He is a criminal and guilty of a crime so what you want the court to do - LET HIM a CRIMINAL OUT !!!

@hanumanthreddy2311 10 месяцев назад

Supreme Court is supreme of Nation. Is the black coats depended on accused.crls.respondents.deliquents are fit to discuss court room. What provisions Constituency conferred to question president Pm. Pmo. Elel.commission

@aniltiwary9343 10 месяцев назад

The rule of interpretation says the procedural law and rules are not mandatory ..they are directive and at the courts discretion.

@alvitofernandesgraciano9820 10 месяцев назад

The CJI and the bench should step down,no one listen to SC,Manish,Maharashtra speaker and the NCLT.

@rathinbanerjee7136 5 месяцев назад

Justice Ranjan Gogoi ex CJI is watching his colleagues facing the heat. His conscience is clear, "Judges are not God".

@skk-yd3qo 5 месяцев назад

Gogai was fraud he compromised the nation harmony by speaking for mejority

@tanmaysarkar5791 21 день назад

Why CJI always delayed WB Govt case ?

@uksatapathy1 4 месяца назад

Correct

@sunilj10 10 месяцев назад

The jurisdiction of the citizens of India mandates that this issue be considered by the Supreme Court. Case dismissed Diwan.

@tamilkodim 5 месяцев назад

Public money is spent on the Executive, parliament, judiciary and press, therefore mandated to consider the public welfare as a prime factor., when they function in the true sense or appropriate to their capacity.

@mdpal7166 10 месяцев назад

Judiciary is a joke in India...

@vaxermeridian9730 10 месяцев назад

Infact justice itself is.

@satyanarayanaparuchuru1639 11 месяцев назад

Under trail prisoners to be permitted to get private doctor treatment also.

@satyanarayanaparuchuru1639 11 месяцев назад

No under trial prisoner who Is senior citizen under allegation of economic Offence, is to be permitted from the family doctor

@advaitanundoo3587 5 месяцев назад

Soon they will be300 + bech and take over parliament. They are acting like a club. And then in the bench there is clubbishness which leads to fear and favor....towards each other. This looks like powerplay..

@hemantdeshpande7185 10 месяцев назад

Tes that is the right word . Dodgy . The real and utmost duty of the court is to do justice . That is rhe paramount purpose the courts are there for . If there is a wrong there has to be a remedy . If not in the statute , if not in the procedure or practice , then it is a situation where the court esp S. C. has to incentive a method and way to do the needful . If the court gas committed a mistake it is its paramount and the only duty of the court to correct it and cure it . All this ring around about jurisdiction is of no use in serving the cause of justice . What is the use If it says it is not within it's jurisdiction or ambit of some provision or the other ? There is bound to be a case or situation where for doing justice the court has to lay down s method to serve the purpose in that cause .

@shekharmahadik8058 10 месяцев назад

Supreme Court ko Pata hain kaunsa case 7 judge ke pass jayega lekin 3 bench ,5 bench pe kar kar ke time waste

@vijaybahad4348 10 месяцев назад

SC is reduced to jargonic discussion full of wordy diarrhea...This doesn't serve the SOCIETY with timly justice but just do timepass with jargonic useless discussions... We must shun this justice system which is outdated n useless completely

@sunsign2186 10 месяцев назад

BJP is like Na hum kaam karege Na tumhe (SC) kaam karne denge Kyuki assa hee humara constitution h (copy from British) 😂😂😂 Aaj b Angarezo ki gulami mein lagi h BJP

@BS-gg8dx 10 месяцев назад

Idiot court, no capacity to deal with DA case.

@bkunal88 10 месяцев назад

Look at the arrogance of the power...

@ranjitsumati27 11 месяцев назад

This lawyer must be BLUNTLY told that it is none of his business to tell SC how to run the court or in what manner or by which route the SC judges should exercise and bench should exercise their ABSOLUTE rights.

@suyashshrivastava1819 10 месяцев назад

Kindly see the whole of it

@satyanarayanaparuchuru1639 11 месяцев назад

Suggestions are any person who is suffering with diabetic patient and kept as under trail prisoner in any alleged economic Offence,he is to be permitted to get checkup from his family doctor.

@gopaakrishnanmvenkataraman9129 9 месяцев назад

When 5 judge bench had no power. Wherefrom 7 judge bench derive power from Strange logic When courts have no power only parliament 😢 it is deemed have powe. SC 😢must clearly specify law of India is for whom and who has power to ammend annul it. .common man finds its cruel joke on people it's constitution

@ranjitsumati27 11 месяцев назад

WHO is this man telling/teaching SC of India what POWER SC has and what not? This itself is a contempt of SC. This kind of open attacks on SC (and worst getting away with it) is a serious sign the country is falling apart because traitors are helping outside hands that is working to control India. This lawyer for sure is ONLY arguing with none of the intent which could be corrective or good for his client OR for the nation. Does this lawyer think he or anyone for that matter has ANY right to even suggest the SC judges AS TO WHICH PATH IS TO BE ADOPTED BY THE SC IN FORMING EVEN BENCHES. NONSENSE.

@4rnbindian645 10 месяцев назад

The man is your father

@gradhakrishnan9247 10 месяцев назад

With your logic SC judges can twist the provisions in constitution to their convenience?

@chiluxr250 10 месяцев назад

yes, better than BJP making India a Hindu state, let liberal SC do what ever they do to our constitution, they are educated people not like BJP goons. @@gradhakrishnan9247

@skk-yd3qo 5 месяцев назад

Pm disrespect SC ,the sbi , kotak,and EC dishonour the SC .this man just arguing and telling SC how can be act that's it😢😮😅

@alvitofernandesgraciano9820 10 месяцев назад

Finally the BJP and the Adani's and Ambani's have got the better of the judiciary

@abidikar 11 месяцев назад

SC = SUPERB CIRCUS 🤡🤡🤡🤡🤡🤡🤡 🚩🇮🇳🚩

@clarityfinder 9 месяцев назад

Who is more powerful in conversation

@sachbol3912 10 месяцев назад

Prez of India shud dibar this woke CJI

@singhm4709 10 месяцев назад

Someone is speaking truth! Sc just do lip service at best

@harihara7969 11 месяцев назад

WHAT WAS THE CASE OF THIS ARGUMENT

@LawChakra 11 месяцев назад

Refer to the description in the Video. Thanks for watching.

@aaparnasinha2703 11 месяцев назад

They play a very crucial role in making the right of common man and what an irony that all discussions are beyond understanding of common man,why do not they discuss in hindi...hindi me discuss karne ya bolne me sharm aati hai kya.aapka status kamjor ho jata hai kya.they do not feel proud to discuss in hindi

@BM-cz5uz 10 месяцев назад

Not Tamil? Or Malyalam? Or Telegu? What about the common man in the south? Hindi is not their language.

@harisinghroyal8965 10 месяцев назад

7 honorable judge making fool to innocent India.

@alvitofernandesgraciano9820 10 месяцев назад

Because of larger implications the supreme Court will get the culprits go free,what are you'll

@deepaujla7 10 месяцев назад

GODI MEDIA IS NEW SUPREME COURT

@sureshruparel8433 11 месяцев назад

Why not replace British sick horse get more better appropriate cost effective method of judiciary become more practical then become a joke by itself seeing kind of NERO PLAYING FIDDLING JUST WHILE ROME BURNS failure is clearly been visible miserably

@pradeepsrivastava6920 10 месяцев назад

This Roaring is temporary. If the bench starts Roaring then the lawyer will run like anything 😅😅😅😅

@kirankunte5925 10 месяцев назад

No way this Lawyer will run away.....Look at his conviction..

@aaparnasinha2703 11 месяцев назад

Common man ko samajh me aaye ...iske liye hindi me discussion kare...

@sri7072 11 месяцев назад

No way. Because it never reaches whole country

@priyamalhotra3794 10 месяцев назад

Translation in all regional languages may be the solution!

@nishantshah2704 10 месяцев назад

Nasir ahmed AKA Piyush mishra vs Ramadhir singh & 6 others 😅

@subodhsinha8817 10 месяцев назад

pawarfull argument ye huina bat

@anuradhagoswami9838 10 месяцев назад

EVM turant ban kiya jay

@sundarnarayanan3511 11 месяцев назад

When evidences are accepted based on word of mouth in court of law, where is the necessity for stamping. As for as I understand, stamping is merely a cess to government ratger than a tool for trueness of the agreement

@mohitroy4208 9 месяцев назад

Honestly, failed to understsnd.

@mininlobo8413 10 месяцев назад

Volume of the judges is low

@johnrodrigues1493 11 месяцев назад

What is the case details/number

@kaydee3407 11 месяцев назад

Please give summary .. R u a lawyer

@gilbertdsouza7752 10 месяцев назад

Person questions the SC jurisdiction ! Is he a lawyer or representative of a dictator ?

@gopale2799 10 месяцев назад

Where is idealogy? Nothing time pass

@sanatan_07712 10 месяцев назад

Supreme court consider themselves above constitution they can interpretate this the way they want 😢😡

@vaxermeridian9730 10 месяцев назад

7 fools listening to a wise person. Nothing to see here. these 7 people are making fun of Indian democracy. Nikalo inko bahar, guda nahi hai to baithe kyu hai itne important chair pe. Ek wakil saato ka mazaak bana diya sabke samne aur ye baklok kuch na kar paye.

@lalitmohanpandey7804 10 месяцев назад

A mad lawyer. Speaking English but no facts.

@unnikrishnancheppail3076 10 месяцев назад

The language seems to be the problem. They are arguing on points with laws not written in any Indian language and thus those arguing nobody really understands it.

@LawChakra 10 месяцев назад

I think Hearing invernacular language is still a far fetched dream of Indians.

@Educatemass192 10 месяцев назад

mr diwan argument is arrogant , lacks logical & legal interpretation. He behaves like the current regime,

@vijaypatel2286 5 месяцев назад

wow - Great Arguments by Ld. Counsel SD before 7JB of SCJ. i liked it. * many thanks to RU-vid. - Law Chakra for yaw-man Legal Salutary Services. adv. vhp - Mumbai