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O P Jindal Global University

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Rishab Bhandari

Supreme Court of India

SC expounds: HC cannot quash the proceeding by mere assessment of statements under Section 161 of CrPC. Read Judgment

construction

SC expounds: In an approved layout, no construction can be permitted in the open spaces. Read Judgment

Death Penalty

SC reiterates: Life imprisonment is a rule and death penalty is an exception. Read Judgment

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SC expounds: Doctrine of Mutuality confers a special status to qualify for exemption from Tax Liability. Read Judgment

Constitutional Analysis of Corona Lockdown By: Rishab Bhandari

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SC reiterates: Definition of one statute having a different object, purpose & scheme cannot be applied mechanically to another statute (Read Judgment)

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SC enunciates: Under Order XXIII RULE 3A, CPC provides bar to file separate suit challenging compromise decree applies to stranger also

Liquor Ban by SC

Writ Petition filed in High Court for suspension of sale of liquor till the situation of COVID-19 normalizes. Read Petition

DTC Buses

PIL filed in the High Court for the Allowance of Public Transport. Read Petition

Forced Arbitration

HC expounds: Arbitral Award which ignores vital evidence would be perverse and is liable to be set aside due to patent illegality. Read Judgment

Section 498A IPC

HC: It has become common practice to use Section 498- A of IPC as a weapon rather than shield by disgruntled wives. Read Judgment

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SC: 3G/4G Internet desirable in J&K during present Pandemic circumstances but forces trying to destabilise integrity of the nation can't be ignored. Read Order

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HC rejects Tenant's application for 'Suspension of Rent' during COVID-19 Lockdown [Read Judgement]

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Singapore International Commercial Court upheld Arbitration award after Arbitrator fails to deal with part of claim [Read Judgment]

Microsoft

HC awards Rs 30 lakh as damages to Microsoft Corporation, Adobe system in Internet and software piracy[Read Judgment]

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High Court rules: Breach or non-performance cannot be excused merely on the invocation of COVID-19[Read Judgment]

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SC reiterated: In two tier arbitration agreement, the foreign Arbitral award can be executed [Read Judgment]

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This High Court has imposed cost of Rs. 10,000/- on a couple for not wearing mask during Wedding Ceremony[Read Order]

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Supreme Court reiterates: Abduction followed by Murder raises a presumption that the Abductor Is Murderer [Read Judgment]

Arbitration Laws

High Court: Fees charged by the Sole Arbitrator is not subject to Statutory limit [Read Judgment]

Strict Liability

High Court: Court can grant relief of compensation based on strict liability, resulting due to breach of Public Duty[Read Judgment]

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High Court held that the tendering process should be clear and definite and it should not uncertain[Read Order]

Online Internship Opportunity at Vidhi: Applications Open

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BCI: Law Students except final year to be promoted on the basis of Internal marks and Previous year marks [Read Guidelines]

Delhi High Court

High Court: ‘Completely unacceptable’ conduct of District Judge to refuse bail on the ground that soft copy of HC Order is not authenticated[Read Order]

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HC to Advocate: Lengthy Arguments in routine matters cannot be conducted through Video Conferencing

Finance Minister Nirmala Sitharaman

Bar Council of Delhi writes a letter to FM Nirmala Sitharaman opposing the decriminalization of Section. 138 of Negotiable Instrument Act

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Supreme Court of India issues directions for Payment of Wages during Lockdown [Read Order]

HC: Challenge to an order of payment of costs to opp side during Pendency of Arbitral proceedings is not an interim award on costs and cannot be challenged as an interim award under Section 34 [Read Order]

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Delhi HC extends the operation of interim orders till July 15, 2020 [Read Order]

Delhi High Court

Delhi High Court directed the Delhi Government to take all steps required for the immediate procurement of insurance policies for the advocates under CM Advocates Welfare Scheme[Read Judgment]

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SC: Advocates should be dressed decently with appropriate Background to ensure minimum Court etiquette during Virtual Hearing[Read Order]

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SC reiterates: Maintenance of free and fair elections is one of the Fundamental Principle of Election Laws [Read Judgment]

SC expounds: Person whose name vehicle stands registered on the date of the accident to be treated as owner [Read Judgment]

Arbitration and Conciliation

HC issues directions regarding the multiplicity in Arbitral Proceedings [Read Judgment]

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DHCBA assures Delhi HC: Fund for a needy member of Clerk’s Association [Read-Order]

Delhi High Court

High Court: Where absolute discretion lies in law, Court cannot substitute it with its own. [Read Judgment]

PUBG

PIL filed in HC for Banning the PUBG game

Delhi University

High Court to DU: Non-availability of paper cannot be a justifiable cause for the failure of issuance of degree certificates [Read Order]

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This High Court suspended the Judicial and Administrative work [Read Notification]

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The Negotiable Instrument Act, 1881- An Analysis of Section 138

Punjab and Haryana High Court

HC granted bail to an accused, who had already suffered the length of incarceration [Read Order]

Land Encroachment Act

HC: An agreement between parties cannot override the law laid down to regulate urbanization and to prevent ill-planned and haphazard development [Read Judgment]

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HC reiterates: The Tribunals should function as Courts at ‘first instance’ and all decisions of these Tribunals will be subject to scrutiny before a Division Bench of a High Court [Read Judgment]

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Supreme Court: All periods of limitation prescribed under the Arbitration and Conciliation Act, 1996 extended till further orders. [Read Order]

SC allows Service of Notices/Summons/exchange of pleadings via Whatsapp, Telegram and other instant messaging services [Read Order]

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Dishonour of Cheque: The presumption under section 139 is a rebuttal presumption and the onus is on accused to raise the probable defence. [Read Judgment]

Child exposed by Porn

High Court orders immediate removal of photographs lifted from Instagram, posted on Porn Website [Read Order]

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BCD to Corporations: Lawyer's Offices should not be assessed for Property Tax as Commercial Property

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SC: Petitioner cannot take refuge under the failure of the Government to issue a necessary amendment to Statutory Rules [Read Order]

Ram Mandir in Ayodhya

All Indian Muslim Personal Law Board questioned the Supreme Court Judgment on Ayodhya Verdict

Old Age Pension Fund

SC: States to Disburse Pension, Provide Masks and PPE Suits to Old Age People [Read Order]

Bar Council of India

BCI: Failure to furnish details to Bar Association, Advocate to be treated as Non- Practicing by the BCI [Read Notification]

SC expounds Right to fair Investigation is a facet of Right to Fair Trial guaranteed to accused under Article 21 of the Constitution [Read Judgment]

Supreme Court: Assured Career Progressive to deal with the problem of genuine stagnation and hardship faced by the employees due to lack of adequate promotional avenues [Read Judgment]

Delhi High Court

HC reiterated filing of the written statement within a period of 120 days is mandatory in nature [Read Judgment]

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SC: Prashant Bhushan's tweets attempted to scandalize the entire institution of the Supreme Court[Read Judgment]

HC dismisses the PIL challenging the Constitutional Validity of Section 376 and Section 376-A of Indian Penal Code [Read Order]

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SC: Refusal to Participate in TIP proceedings establishes the appellant’s guilty [Read Judgment]

Liquor Shop

HC: Decision of the Government of opening more liquor shops, Bars/Parlours cannot be said to be violative of Constitution [Read Judgment]

Tinder Relationship gone Sour: Court comes to the Rescue of Man accused of Rape [Read Order]

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SC directed the DLF Southern Homes Pvt Ltd to pay 6 percent simple interest per annum to 325 flat buyers [Read Judgment]

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SC expounds Stranger cannot be permitted to file an appeal in any proceedings [Read Judgment]

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“Sentence reduced to the period already undergone will meet the ends of the Justice”- Supreme Court [Read Judgment]

Congress Leader Sajjan Kumar

Anti- Sikh Riots: Supreme Court denies bail of Former Congress Leader Sajjan Kumar [Read Order]

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SC Orders Removal Of 48,000 Slum Dwellings Around Delhi Rail Tracks In 3 Months [Read Order]

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SC: Serving Judicial Officers cannot club their previous experience as advocates to claim eligibility for elevation as High Court Judges [Read Judgment]

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SC: In case of Motor Accident Claims; Compensation for Loss of Consortium can be awarded to children and Parents also [Read Judgment]

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Rajasthan HC allows the School to collect 70% of tuition fees in 3 installments [Read Judgment]

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Supreme Court decides 44 years Old dispute between National Co-Operative Development Corp. & Commissioner of Income Tax [Read Judgment]

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SC: No petition can be transferred from one court to another on the sole ground of delay in a disposal [Read Order]

Child Rape Victim

HC expounds Rape is just not a forcible intercourse, it means to inhabit and destroy everything [Read Order]

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SC restrains Sudarshan TV from Telecasting “UPSC Jihad” Show [Read Order]

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SC reiterates false answers u/s 313 Cr.P.C, can be used against the accused [Read Judgment]

Arbitration

SC: The Courts cannot correct or set aside Enforcement of Foreign Arbitral Award [Read Judgment]

Call for Papers – 3rd Indian Law Conclave

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SC orders De Novo Investigation in the Death of NLU, Jodhpur Student [Read Judgment]

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SC expounds manner of Assault and no. of injuries to be considered cumulatively to decipher the intention or knowledge of the accused [Read Judgment]

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SC reiterates Misconception of fact about Promise to Marry has to be in Proximity of Time to the Occurrence [Read Judgment]

Magistrate

SC: Magistrate may take cognizance of any offence inter alia upon a police report [Read Judgment]

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SC expounds Accused is entitled to all the fundamental rights until proven guilty [Read Judgment]

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SC expounds Wife is entitled to claim the right of residence which belongs to relatives of Husband also[Read Judgment]

Bail

Interim Bail granted to 3,337 undertrial prisoners extended for 30 days, prisoners to surrender after December 2020: Delhi High Powered Committee

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SC: Right to be released on default bail continues to remain enforceable even if the accused has applied for such bail, notwithstanding pendency of the bail application [Read Judgment]

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SC: The welfare of the minor child is of paramount concern; Custody allowed to mother in Singapore [Read Judgment]

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SC Expounds: Officers of NDPS are police officers and confessional statements recorded by them are not admissible [Read Judgment]

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SC Reiterates: Consumer Complaint by Allottee against Builder not barred by RERA Act [Read Judgment]

Article 370

Application filed before SC seeking early Hearing of Pleas Challenging changes made to Article 370 of Constitution of India

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Govt proposes to decide Landlord-Tenant disputes within 60 days with the new Model Tenancy Act, 2020, [Read Text]

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SC frowns as Arbitration matter dragged to Court to delay adjudication [Read Order]

Corruption

HC to Central Govt: Consider Death Penalty for Convicts in Corruption Cases [Read Order]

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SC rules, Date of Flat Buyer Agreement relevant for reckoning time, not its RERA enrolment [Read Judgment]

Govt. brings in Ordinance amending Sec. 36 and Deleting the 8th Schedule of the Arbitration Act,1996 [Read Ordinance]

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SC Commutes Death Penalty: Injury caused not with the intention to extinguish Victim’s life [Read Judgment]

SC notice to Vodafone, Airtel in Saradha scam

Supreme Court directs Airtel, Vodafone to Disclose details about 'Segmented Offers' to TRAI [Read Order]

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SC lays conditions for Transfer of Petitions under Hindu Marriage Act under Section 21A, Read Judgment

All India Congress Committee files RTI seeking information against the Public Authorities for the damage of National Highways during Farmer Protest

[BCI- Press Release] Judges not having practical experience at the Bar are mostly found to be incapable and inept in handling matters: BCI in favour of Minimum 3-year experience at the Bar for Judicial Service Exams

Bar Council of India

BCI: One Year LL.M Course to be abolished in India, New All India Entrance Test for PGI Admission to be introduced [Read Notification]

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SC reiterates U/A 226 & 136 of the Constitution, Constitutional Court should not interfere with the findings of fact arrived in the departmental enquiry proceedings [Read Judgment]

Prohibition of Child Marriage

High Court issues Notice on Plea for the declaration of Child Marriage as Void Ab Initio

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Whether non-Payment of Stamp Duty on Commercial Contract will Invalidate Arbitration Agreement? SC refers issue to Constitution Bench of 5 Judges [Read Judgment]

Madras High Court

HC: Right to Property has a close nexus to right of life within the meaning of Article 21 of the Constitution of India

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High Court Expounds: Same-Gender Sexual Harassment complaints are maintainable under the POSH Act, 2013

WhatsApp’s updated Privacy Policy in violation of Right to Privacy, Petition filed before the Supreme Court

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[Tablighi Jamaat] SC allows discharged persons to Return to their Home Country on Furnishing Undertaking to its Registry [Read Order]

High Court Expounds: Father-Son relation does not confer Fundamental Right to collect Deceased Son's preserved sperm [Read Judgment]

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HC reiterates: Right to Property is a Constitutional Right, Legal Right, and Human Right [Read Judgment]

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SC: Rape Victim Survivor to be provided with an Accommodation under Prime Minister Awas Yojna or other Central or State schemes [Read Judgment]

Bombay High Court

High Court Expounds: Pressing Breasts without Disrobing not ‘Sexual Assault’ as per POCSO Act but offence u/s 354 IPC [Read Judgment]

Punjab and Haryana High Court

HC Expounds: Mere Relationship or familiarity doesn’t allow a person to share obscene content on Internet [Read Judgment]

State Consumer Dispute Redressal Commission Directs Amazon to Pay Rs. 40,000/-For Cancelling Confirmed Order of Law Student

Allahabad High Court dismisses a Man's Plea for allowing Live-Body Donation [Read Order]

Kerala High Court

[Strange, Shocking, Unbelievable Allegations] High Court grants bail to woman accused of molesting Minor Son [Read Order]

Teenager Rape Victim

HC Expounds: Name or Identity of the Rape Victim should not be disclosed directly or Indirectly [Read Judgment]

Allahabad High Court

HC: 'If Proper fair investigation is not being done, petitioner is at liberty to approach the Magistrate concerned under Section 156(3) CrPC' [Read Judgment]

High Court Expounds: Panchayati divorce has no recognition in the eyes of law [Read Order]

Madras High Court

[Lock Down A Force Majeure Event] High Court directs complete waiver of license Fee During Total Lockdown Period [Read Judgment]

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Supreme Court Quashes FIR against man accused of abducting a woman who later married the main Accused

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High Court: A Muslim man may get married more than once without divorcing his earlier wife but the same does not apply to a Muslim lady [Read Order]

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SC Expounds: IBC against Initiation of CIRP retrospective, applicable on applications filled post 25th March [Read Judgment]

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Supreme Court: [Dishonour Of Cheques] Blank cheque would attract presumption U/s 139 NI Act if signatures are Admitted [Read Judgment]

High Court: Wife’s habit of chewing tobacco not sufficient to grant a decree of divorce [Read Judgment]

Allahabad High Court

High Court Expounds: Non-release of individual even after submission of personal bond a clear breach of Article 21 [Read Judgment]

Kerala High Court

High Court Expounds: Unilateral withdrawal of Consent from Joint Divorce Petition after another party has performed Obligations, cannot be Permitted [Read Judgment]

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SC Expounds: Appointment of persons with lesser merit compared with merit holders Violation of Article 14 and Article 16 of Indian Constitution [Read Judgment]

Punjab and Haryana High Court

High Court imposes cost of Rs 2 Lakh for filing writ against order of State Consumer Commission instead of approaching NCDRC [Read Order]

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District Consumer Forum: Charging Cost for carry bags with Company Logo an ‘Unfair Trade Practice’ [Read Order]

Kerala High Court

[False Rape Accusation] HC directed the Police to take Legal action for making False Complaint against a man [Read Order]

HC set-asides removal of Blind HOD from the post on ground of physical disability [Read Order]

Medical Negligence

Medical Negligence- HC directs JHALSA for inquiry in death of women with 90% burn [Read Order]

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ITAT allows Harish Salve’s claim: Monetary help to students to pursue law at Oxford is 'expenditure incurred for profession' under Income Tax Act [Read Order]

Delhi High Court

HC quashes defamation complaint against Mitali Saran and Business Standard over article on RSS [Read Judgment]

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SC Reiterates: Cheating an essential ingredient for an act to constitute an offence under Section 420 IPC [Read Judgment]

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SC Expounds: Merely weapon is not seized cannot be a ground to acquit the accused [Read Judgment]

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SC: Senior Citizens to be given seniority in both public and private hospitals [Read Order]

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Pakistan Supreme Court: Recording Sexual History Of Rape Victim By Carrying Out 'Two-finger Test' Or 'Virginity Test' Unconstitutional [Read Judgment]

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HC expounds: Principles of Natural Justice could not be washed away on the ground that the affected party would not have any defence to put up [Read Judgment]

Delhi High Court

HC reiterates: Amounts being paid by the Judgment Debtors are awarded debts; TDS is not required to be deducted [Read Judgment]

Supreme Court

SC Advocate on Record (AOR) exam postponed due to COVID-19 Pandemic [Read Notification]

Sikkim High Court

[Honourable Acquittal] HC: Acquittal giving Benefit of Doubt; Petitioner not entitled to hold the post of Civil Judge-cum-Judicial Magistrate [Read Judgment]

Orissa High Court

HC expounds: Testimony of one Ocular Witness is sufficient to complete the chain of Circumstantial Evidences [Read Judgment]

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SC: Transfer of a criminal case u/s 406 of the Cr.PC to be directed when such transfer would be ‘expedient for the ends of Justice’ [Read Judgment]

Forced Arbitration

‘Multiple arbitrations can exist if the cause of action continues’ HC dismisses petition citing pending proceedings before second arbitral tribunal as it may result in delay or Confusion [Read Order]

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Apex Court reiterates mere non-framing of Charge u/S 149 IPC will not vitiate conviction in absence of any prejudice to the Accused [Read Judgment]

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BCI: Appropriate actions to be taken against Lawyers who are indulged in maligning the Judiciary and attempting to weaken the Supreme Court [ Read Press Release]

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