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Breaking- Supreme Court Dismisses Review Petitions Challenging Aadhaar Verdict, Justice Chandrachud Dissents

first_imgTop StoriesBreaking- Supreme Court Dismisses Review Petitions Challenging Aadhaar Verdict, Justice Chandrachud Dissents LIVELAW NEWS NETWORK20 Jan 2021 4:58 AMShare This – xThe Supreme Court, by 4:1 majority, has dismissed a batch of review petitions challenging the judgment of the Constitution Bench in Aadhaar case [Puttaswamy (Aadhaar-5J.) v Union of India].While Justices AM Khanwilkar, Ashok Bhushan, S. Abdul Nazeer and BR Gavai observed that no case for review of judgment, Justice DY Chandrachud expressed his dissent. The review petitions were…Your free access to Live Law has expiredTo read the article, get a premium account.Your Subscription Supports Independent JournalismSubscription starts from ₹ 599+GST (For 6 Months)View PlansPremium account gives you:Unlimited access to Live Law Archives, Weekly/Monthly Digest, Exclusive Notifications, Comments.Reading experience of Ad Free Version, Petition Copies, Judgement/Order Copies.Subscribe NowAlready a subscriber?LoginThe Supreme Court, by 4:1 majority, has dismissed a batch of review petitions challenging  the judgment of the Constitution Bench in Aadhaar case [Puttaswamy (Aadhaar-5J.) v Union of India].While Justices AM Khanwilkar, Ashok Bhushan, S. Abdul Nazeer and BR Gavai observed that no case for review of judgment, Justice DY Chandrachud expressed his dissent. The review petitions were not heard in open court, but ‘by circulation’.According to majority, a change in the law or subsequent decision/judgment of a coordinate or larger Bench by itself cannot be regarded as a ground for review. The order dated 11th January 2021 (out today), reads as follows:”The present review petitions have been filed against the final judgment and order dated 26.09.2018. We have perused the review petitions as well as the grounds in support thereof. In our opinion, no case for review of judgment and order dated 26.09.2018 is made out. We hasten to add that change in the law or subsequent decision/judgment of a coordinate or larger Bench by itself cannot be regarded as a ground for review. The review petitions are accordingly dismissed. Consequently, prayer for urging additional grounds in Review Petition (Civil) No. 22/2019 stands rejected.” the majority observed in a two paged order.On the other hand, Justice Chandrachud opined that the review petitions should be kept pending until the larger bench decides the questions referred to it in Rojer Mathew. “If these review petitions are to be dismissed and the larger bench reference in Rojer Mathew were to disagree with the analysis of the majority opinion in Puttaswamy (Aadhaar-5J.), it would have serious consequences – not just for judicial discipline, but also for the ends of justice. As such, the present batch of review petitions should be kept pending until the larger bench decides the questions referred to it in Rojer Mathew. In all humility, I conclude that the constitutional principles of consistency and the rule of law would require that a decision on the Review Petitions should await the reference to the Larger Bench.”, Justice DY Chandrachud said in his dissenting opinion.Aadhaar Judgment and subsequent developmentsThe majority judgment in Aadhaar Case was authored by Justice AK Sikri, had read down some of the provisions of the Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act 2016, struck down a few but significant ones (mainly Section 33(2), 47 and 57), and upheld the rest. Justice Chandrachud, in his dissent, opined that the entire Aadhaar project is unconstitutional.Later another Constitution Bench headed by Justice Ranjan Gogoi (then CJI) in its judgment [Rojer Mathew vs. South Indian Bank Ltd] examining the validity of provisions of Finance Act 2017 affecting tribunals, doubted the correctness of the interpretation of the majority judgment which held that Aadhaar Bill is a Money Bill within the meaning of Article 110(1) of the Constitution. It was observed that  noted that the majority dictum in Aadhaar judgment did not substantially discuss the effect of the word ‘only’ in Article 110(1) and did not examine the repercussions of a finding when some of the provisions of an enactment passed as a “Money Bill” do not conform to Article 110(1)(a) to (g). The bench had therefore referred the matter to larger bench. Case: Beghar Foundation vs Justice K.S. Puttaswamy (Retd.) [Review Petition (Civil) Diary No. 45777 of 2018]Coram: Justices AM Khanwilkar, Ashok Bhushan, S. Abdul Nazeer, Justice DY Chandrachud and BR GavaiCitation: LL 2021 SC 30Click here to Read/Download OrderRead OrderSubscribe to LiveLaw, enjoy Ad free version and other unlimited features, just INR 599 Click here to Subscribe. All payment options available.loading….Next Storylast_img read more

Half-time: Fulham 0 Sunderland 0

first_imgFulham are down to 10 men at Craven Cottage following the sending-off of Brede Hangeland.The defender was red-carded after half an hour for a two-footed challenge on Lee Cattermole.To their credit, the Whites responded strongly and Dimitar Berbatov had a low shot saved by Sunderland keeper Simon Mignolet.Earlier, Seb Larsson’s tame shot was held by Fulham keeper Mark Schwarzer and Black Cats forward Stephane Sessegnon sent a 25-yard effort over the bar.Fulham: Schwarzer, Riether, Riise, Hangeland, Hughes, Sidwell, Karagounis (Senderos 34), Kacaniklic, Duff, Ruiz, Berbatov. Subs: Kelly, Petric, Rodallega, Dejagah, Smith, Stockdale.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 Follow West London Sport on TwitterFind us on Facebooklast_img read more

Kabelo Mabalane: a music man with a plan

first_imgKabelo Mabalane, host on Brand South Africa’s Play Your Part TV series, is familiar with the highs and lows of success and stardomKabelo Mabalane, host on Brand South Africa’s Play Your Part TV series, is familiar with the highs and lows of success and stardom. After recovering from a drug dependency, the former TKZee member is an artist, and sportsman, in his own right.Mabalane is no stranger to show business, having been in the spotlight since 1997 as a member of kwaito supergroup, TKZee. With high school friends Zwai Bala and Tokollo Tshabalala, Mabalane blazed a trail through South African music and revelled in his bad boy image. But after being hospitalised after drug abuse, the star slowed down, and has since become an inspiration to young South Africans.last_img

Blitzbokke win Cape Town Sevens tournament

first_img14 December 2015This weekend’s win is the Springbok Sevens’ third consecutive win on home soil, after their triumphs at the Nelson Mandela Bay Sevens tournaments in 2013 and 2014. The win in Cape Town puts the team at the top of the log for the World Rugby Sevens Series 2015, as joint leaders with Fiji.Well done @Blitzboks – champion of the SA leg of @WorldRugby7s for the third year running! @CapeTown7s pic.twitter.com/EeQjMxjRjt— South African Rugby (@Springboks) December 13, 2015Sunday’s final featured some impressive and inspired play from the South Africans, including the physicality of forwards Kyle Brown and Philip Snyman, and the pace of Rosko Specman, Cheslin Kolbe and Seabelo Senatla against a determined and dogged Argentinian defence.No one created more havoc, though, than centre Justin Geduld, whose kicking set up scoring opportunities for both Specman and Senatla. Geduld was named Player of the Match.The brave South American Pumas refused to give up the chase. But after a Kolbe run set up a try for Ryno Benjamin and gave South Africa its fifth try of the game, the partisan 52 000 strong crowd cheered the home team to a conclusive win, and the end of a great weekend of world-class rugby.Coach Neil Powell facing @Blitzboks for national anthem @CapeTown7s #BringTheHeat pic.twitter.com/etDbtFnQ09— South African Rugby (@Springboks) December 13, 2015“We made it hard for ourselves again in the final,” Springbok Sevens coach Neil Powell told SA Rugby after the game. The team had to improve from the previous day’s performance, in which the Blitzbokke faltered against Kenya, losing by two points. “I am proud of the way the team responded to the pressures and expectations from a fantastic home crowd,” Powell said.Brown, the captain, thanked the crowd for their support over the past two days, highlighting “the way the anthem was sung and the noise they made”, as the inspiration the team needed to win the final.WELL DONE @BLITZBOKS! The boys in the green and gold win the @CapeTown7s! pic.twitter.com/1Tw1Z9nZon— Cell C South Africa (@CellC) December 13, 2015The weekend provided some interesting upsets on the road to Sunday’s final. Argentina won against New Zealand in the quarter-finals, while Kenya ended the USA’s run during the pool matches on Saturday. South Africa struggled in its quarter-final against Australia, but came back strongly in the second half with a flurry of tries to win 26-5 and a spot in Sunday’s final.I picked some of my favourite images from the @CapeTown7s. See the full selection here: https://t.co/laoPfnkfoz pic.twitter.com/4hR8BZytx8— Tom Chick (@tomchick85) December 13, 2015Current World Sevens Series 2015 standing:1. Fiji – 35 points2. South Africa – 35 points3. USA – 29 points4. Argentina – 29 points5. England – 26 points6. France – 25 points7. New Zealand – 25 pointsThe next stop in the series is in New Zealand at the end of January, where the Blitzbokke will top Pool A and face New Zealand, Scotland and Russia. The tournament will be played in Wellington on 30 and 31 January.Thanks Cape Town, thanks sevens fans. Thanks Blitzboks fans. Thanks @blitzboks All of you did #bringtheheat pic.twitter.com/TOhixk5x1T— South African Rugby (@Springboks) December 13, 2015Source: News24last_img read more

Can A Fitness Tracker Really Change Your Life? Part One Of A First-Person Experiment

first_imgRelated Posts Why Tech Companies Need Simpler Terms of Servic… My weekly in-app goals: Walk 7,500 steps every weekday / 10,000 on the weekendsTravel 4 miles every weekday / 8 miles on the weekendBurn 2,200 – 2,350 calories every day (to maintain my weight)Since my goal is not to lose weight, I set my calorie intake and burn rate to remain steady. Instead, I want to get in better shape and take a more conscious look at my eating habits. The ultimate goal is to improve my lifestyle habits, and figure out just how well a fitness tracker facilitates that.So my pivotal, hard-to-reach goal for my first week is to burn more calories than I take in every single day. For me, that doesn’t mean eating less. Instead, I want to maintain what has my 3-meals-a-day (occasionally 4-small-meals-a-day) routine while focusing on exercising and being more active.Check back in in the coming weeks to follow my progress and track the results.  Tags:#fitness tracker#Fitness Tracking#health In 2013, fitness tracking is all around us: in iPhone apps like Map My Fitness and DailyBurn; built into your Samsung Galaxy S4 phone; in a device on your wrist if you own a Nike+ Sportswatch or a Pebble smartwatch. But does any of it really work? Not just do they track your fitness, but do they really help you change your life?One might expect that these trackers primarily help the already motivated enough achieve their goals faster, leaving the rest of us drowning in useless data. Or can having that data really help the average Joe improve their health?These issues are at the core of the quantified self movement, and I wanted to find out for my self. I want to know if, over the course of six weeks, having this data can help me substantially alter my behavior and become fitter. My goal is not to lose weight, specifically, but rather to shed my bad fitness habits and change myself for the better. Quantified MeThe Quantified Self concept sounds a lot more intense than it really is. The idea is simply that using wearable tech to collect detailed data about everything you do, eat and feel will reveal patterns and correlations that can help you improve your life. (Not everyone who engages in quantified self activities is looking to change themselves, of course; the people who attend quantified self meet-up groups apparently just like the idea of monitoring the body’s daily data stream.)As someone with no prior experience with wearable devices, I decided to jump headfirst into fitness tracking with the Fitbit Flex. It’s a bracelet-like device meant to be never taken off save for the few hours it takes to charge it every week. It stays on your wrist when you sleep, when you shower and when you ride your bike. And it knows when you decide that you’d just rather grab a Big Mac than walk the four extra blocks to the coffee shop to get a salad. Why The Fitbit Flex? A Web Developer’s New Best Friend is the AI Wai…center_img The $100 Fitbit Flex is the latest offering from Fitbit, following a line of clip-on devices called the Fitbit Zip and the Fitbit One. Internet reviews have largely been positive, to the point where the device is on eight-to-ten-week back order. (Importantly, its excellent companion app is available for both Android and iOS.).  Alternatives include the Jawbone Up and the Nike FuelBand, both of which deliver similar functionality – sleep monitoring, pedometer features and daily/weekly data production using manual food and exercise inputs – for a few dollars more. That part about manual inputs is important. The Flex will automatically count your steps and monitor how you thrash around in your sleep, but you need to tell it how you exercise (how long and how vigorously you rode your bike or jogged, for instance) and what you consume. It has a database of calorie counts for foods spanning the McDonald’s Dollar Menu to Panera Bread, but laboriously inputting numbers of ounces and other measurements for common items like fruit and orange juice quickly gets tedious – many users could getting frustrated and give up.Fortunately, setting up the device is relatively easy. You start by plugging in the charging cable and slipping the tracker into it. Unfortunately, unlike the Nike FuelBand, you cannot plug the device directly into a USB port so the only option is the easy-to-misplace charger. The Flex charges in a couple of hours, giving you at least a week’s worth of tracking. The next step is to slip the tracker into the bottom of the wristband, strap it on (which takes a bit of a struggle at first) and then you’re good to go. You can sync via a USB dongle you keep plugged into your laptop, or via Bluetooth with the Fitbit smartphone app that lets you set alarms, monitor your day’s activity and toggle on and off the background sync function. Learning To Ignore ItSo far, the Fitbit Flex has been an innocuous addition to my everyday life. At first, it was hard not to ignore its presence on my wrist, and keep double-tapping it to see the flashing white dots that indicate the day’s progress, like whether or not you’ve walked 5,000 steps or burned the designated number of daily calories. But after a few days, the device’s sleek design and comfortable material helped me stop noticing it so much – except when I was going sleep. To get ready for bed, you need to tap it quickly five or six times to put it into sleep mode. It then vibrates to wake you up in the morning, a vast improvement on the jolting iPhone siren I had been using.  Now that it’s become more or less a seamless addition to my life, I’m fully ready to tackling the six-week challenge of habit breaking and behavior altering. My Weekly Goals  Top Reasons to Go With Managed WordPress Hosting nick statt 8 Best WordPress Hosting Solutions on the Marketlast_img read more

Sustaining the charge

first_img‘We are too hospitable,’ says Sotto amid SEA Games woes SEA Games hosting troubles anger Duterte PDEA chief backs Robredo in revealing ‘discoveries’ on drug war PH underwater hockey team aims to make waves in SEA Games PLAY LIST 02:42PH underwater hockey team aims to make waves in SEA Games01:44Philippines marks anniversary of massacre with calls for justice01:19Fire erupts in Barangay Tatalon in Quezon City01:07Trump talks impeachment while meeting NCAA athletes02:49World-class track facilities installed at NCC for SEA Games02:11Trump awards medals to Jon Voight, Alison Krauss US judge bars Trump’s health insurance rule for immigrants “It’s not the way you start,” Alas said on the heels of a 114-95 drubbing of Blackwater at Ynares Center last week.There’s a reason to look at Phoenix’s league-leading 4-0 slate as a mirage of sorts.FEATURED STORIESSPORTSPrivate companies step in to help SEA Games hostingSPORTSUrgent reply from Philippine ‍football chiefSPORTSPalace wants Cayetano’s PHISGOC Foundation probed over corruption chargesFor one, the team has plowed through the easy part of its schedule, knocking down teams it was supposed to beat—a preseason challenge Alas hurled at the Fuel Masters.“Before we can start figuring out how to compete against the top teams, we must be able to take care of the teams we’re at level with,” Alas told the Inquirer before the season started. View comments Oil plant explodes in Pampanga town Phoenix also had a strong showing in the elimination round of the Governors’ Cup last season, but failed to make it past the quarterfinals—a lesson Wright and his teammates hope to learn from.We’re still so far from where we should be,” Wright said.At the same time, however, Wright feels that this version of the Fuel Masters is exactly the team that will help the franchise make its mark on the league.“I feel it in my bones that we’re going to be something special,” said Wright. “We just have to keep at it.”The Fuel Masters will face the NLEX Road Warriors on Friday, looking for a fifth straight win against an opponent that is still feeling its way through its new roster.Game time is at 4:30 p.m. at Mall of Asia Arena. Later in the night, Rain or Shine will battle NorthPort with the Painters hoping to keep in step with the Fuel Masters on top.The Painters have also been doing great, riding on throwback performances by former MVP James Yap and solid contributions from rookie Javee Mocon.On a sad note for Alas, he won’t be coaching against son Kevin, the NLEX gunner who lost yet another season after tearing his ACL again.That leaves NLEX, which is still dealing with Keifer Ravena’s suspension, trying to stop Phoenix behind JR Quiñahan and star big man JP Erram, an offseason acquisition. Gilas coach Guiao worried over availability of players Private companies step in to help SEA Games hosting They’ve done that so far.But their schedule will begin baring its teeth once Phoenix flips its calendar. There, the heavyweights await. And the Fuel Masters have dealt with hot starts before, only to falter at the homestretch of their schedule.“We haven’t done anything yet. We haven’t done anything worth bragging about. We haven’t won a playoff game yet,” said top gunner Matthew Wright, echoing his coach’s warning that his teammates should not let their lofty perch cloud their goal.The team wants to roll into the playoffs with momentum, not just barely making it there gasping from the beatings handed out by league heavyweights.“We have to sustain this,” Alas added.ADVERTISEMENT LATEST STORIES MOST READ Calvin Abueva (right) hopes to help Phoenix soar past JR Quiñahan and NLEX. —AUGUST DELA CRUZSoaring in a way they have never had in franchise history, the Phoenix Pulse Fuel Masters have every right to feel good about themselves.But Louie Alas offered a warning that was timely and relevant.ADVERTISEMENT Grace Poe files bill to protect govt teachers from malicious accusations Sports Related Videospowered by AdSparcRead Next Don’t miss out on the latest news and information. ‘We are too hospitable,’ says Sotto amid SEA Games woeslast_img read more

Miami Marlins Owner Defends Blockbuster Trade

Jeffrey Loria, Miami Marlins owner, defended the pending blockbuster trade Wednesday that would send shortstop Jose Reyes, pitchers Josh Johnson and Mark Buehrle, catcher John Buck and infielder-outfielder Emilio Bonifacio to the Toronto Blue Jays for your prospects.Loria was asked Wednesday during the winter meetings in Chicago why he dismantled most of the talent on the team after a short period of time.“We finished in last place. Figure it out,” he told CBSSports.com in aggravation.Loria went on to tell the website that trading the veterans was the right decision after finishing 69-93 for the season.“We have to get better,” Loria added. “We can’t finish in last place. We finished in last place. That’s unacceptable. We have to take a new course.”Loria hopes that he can production out the players that he will receive from the Blue Jays: shortstop Yunel Escobar, right-hander Henderson Alvarez, catcher Jeff Mathis and prospects Jake Marisnick (OF), Adeiny Hechavarria (SS), Justin Nicolino (LHP) and Anthony DeSclafani (RHP) to the Marlins, according to ESPN.The trade will potentially save Loria and the Marlins approximately $150 million, if the players pass their physicals, which does not sit well with South Floridians who just paid for the new ballpark.“Everybody in the world wants to talk about the Marlins and the fact that they’re now a Triple-A team,” city commissioner Marc Sarnoff said, who was against the building of the new stadium. “The Marlins have lost pretty much all credibility with fans. Even if this trade is a positive move from the baseball standpoint, it won’t be viewed by the general public as a positive move.”Reyes and Buehrle were signed to massive contracts in free agency last season to draw attendance to the new stadium. The attendance barley topped 2.2 million after being projected to draw almost 3 million fans.Former Marlins manager Ozzie Guillen may have contributed to the low attendance. In April, Guillen praised former Cuba leader Fidel Castro, which ignited backlash from Cuban residents and members in Miami’s Little Havana community. The attendance was unable to recover after Guillen’s remarks.While the projections were off by the Marlins management, they have potentially unloaded a total of $163.75 million in guaranteed salaries through 2018, which includes the $96 million due to Reyes.The salaries for 2013 include $11 million for Buehrle, $10 million for Reyes and $13.75 million for Johnson in the final year of his contract. Approximately $154 million of guaranteed salaries are coming off the Marlins’ books, which does not include cash that may be involved in the trade.When the Marlins begin opening day, their payroll is estimated to be $34 million, which would be their lowest since 2008. The Marlins reached an agreement three years ago with the players’ union to increase spending due to complaints team payroll was small and violated baseball’s revenue-sharing provisions. The Oakland Athletics had the lowest payroll last year with $53 million.Some have wondered if Loria trading the best players is an early sign in attempts to sell the team. Loria denies those notions.“Absolutely not,” Loria said, according to CBSSports.com. “That’s more stupidity.” read more