SC Bench Has No Power, Diwan Roars in SC

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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[@S_59587]

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

[@rogerregal1423]

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..

[@sundarnarayanan3511]

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

[@umeshchandramishra3210]

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

[@hemantdeshpande7185]

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

[@LuffyDsan]

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

[@phalakshank379]

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

[@vjsingh2662]

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]

Exactly

[@maheshnayak3001]

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.

[@vinodvedak2741]

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

[@vaxermeridian9730]

​@@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]

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]

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]

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

[@PumkinS33ds-g6t]

It was under currupt congress dynasty regime that emergency happened lol

[@sumitbhattacharya4402]

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 ??

[@surekhac5249]

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

[@RajKrsna]

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

[@lawclerksanbar3790]

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]

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

[@sunsign2186]

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

[@uksatapathy1]

Correct

[@MIDRaju]

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.

[@SachiKrishna-em3vl]

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]

Thats their job

[@amareshroy7732]

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.

[@shekharmahadik8058]

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

[@jasbirsinghmankoo5804]

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.

[@tanmaysarkar5791]

Why CJI always delayed WB Govt case ?

[@vijaypatel2286]

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

[@sachbol3912]

Prez of India shud dibar this woke CJI

[@tamilkodim]

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.

[@ranjitsumati27]

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]

The man is your father

[@gradhakrishnan9247]

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

[@chiluxr250]

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]

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😢😮😅

[@deepaujla7]

GODI MEDIA IS NEW SUPREME COURT

[@ssundararajan7300]

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

[@sureshruparel8433]

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

[@vijaybahad4348]

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

[@harisinghroyal8965]

7 honorable judge making fool to innocent India.

[@harihara7969]

WHAT WAS THE CASE OF THIS ARGUMENT

[@LawChakra]

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

[@yogendrajha-h3m]

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.

[@hanumanthreddy2311]

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]

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

[@aaparnasinha2703]

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]

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

[@satyanarayanaparuchuru1639]

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

[@alvitofernandesgraciano9820]

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

[@BS-gg8dx]

Idiot court, no capacity to deal with DA case.

[@gilbertdsouza7752]

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

[@GregoryDsouza-y8o]

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.🙏🙏🙏🙏🙏🙏⭐⭐⭐⭐⭐⭐⭐

[@satyanarayanaparuchuru1639]

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.

[@abidikar]

SC = SUPERB CIRCUS 🤡🤡🤡🤡🤡🤡🤡 🚩🇮🇳🚩

[@goldentunes1218]

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

[@mdpal7166]

Judiciary is a joke in India...

[@vaxermeridian9730]

Infact justice itself is.

[@satyanarayanaparuchuru1639]

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.

[@ranjitsumati27]

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]

Kindly see the whole of it

[@singhm4709]

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

[@satyanarayanaparuchuru1639]

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

[@advaitanundoo3587]

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..

[@gopaakrishnanmvenkataraman9129]

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

[@aaparnasinha2703]

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

[@sri7072]

No way. Because it never reaches whole country

[@priyamalhotra3794]

Translation in all regional languages may be the solution!

[@alvitofernandesgraciano9820]

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

[@lalitmohanpandey7804]

A mad lawyer. Speaking English but no facts.

[@hemantdeshpande7185]

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 .

[@anuradhagoswami9838]

EVM turant ban kiya jay

[@alvitofernandesgraciano9820]

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

[@sunilj10]

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

[@vaxermeridian9730]

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.

[@nishantshah2704]

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

[@gopale2799]

Where is idealogy? Nothing time pass

[@rathinbanerjee7136]

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

[@skk-yd3qo]

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

[@clarityfinder]

Who is more powerful in conversation

[@mohitroy4208]

Honestly, failed to understsnd.

[@satyanarayanaparuchuru1639]

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

[@bkunal88]

Look at the arrogance of the power...

[@pradeepsrivastava6920]

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

[@kirankunte5925]

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

[@mininlobo8413]

Volume of the judges is low

[@subodhsinha8817]

pawarfull argument ye huina bat

[@johnrodrigues1493]

What is the case details/number

[@kaydee3407]

Please give summary .. R u a lawyer

[@unnikrishnancheppail3076]

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]

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

[@sundarnarayanan3511]

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

[@Educatemass192]

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

[@sanatan_07712]

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

[@d.bpatil6361]

बंद करो ये सब ड्रामा.

[@anupchakraborty6350]

yes bench has no power oh sob vrostachari rajnoitik neta ko kobja me hai