Supreme Court Monthly Round Up - February 2023
Padmakshi Sharma
8 March 2023 5:41 AM GMT
From the ongoing Shiv Sena dispute to the Adani-Hindenburg matter and the contentious PILs concerning religious conversion – February 2023 has been a month filled with significant legal events in the Supreme Court of India. With the legal world buzzing with activity, Live Law understand that it can be challenging to keep a track of all legal developments, which is why we are here to help....
From the ongoing Shiv Sena dispute to the Adani-Hindenburg matter and the contentious PILs concerning religious conversion – February 2023 has been a month filled with significant legal events in the Supreme Court of India. With the legal world buzzing with activity, Live Law understand that it can be challenging to keep a track of all legal developments, which is why we are here to help. Our experienced team of legal analysts and journalists brings you an in-depth coverage of all the key cases and rulings in February 2023, providing you with the information you need to stay informed and up-to-date.
- Judgements/Orders
Case Title : KL Suneja and others vs Dr(Mrs) Manjeet Kaur Monga (Died) through legal representatives
Citation : 2023 LiveLaw (SC) 68
The Supreme Court has issued an important direction that all courts and judicial forums should frame guidelines to ensure that amounts deposited with the office or registry of the Courts or Tribunals are mandatorily deposited in a bank or financial institution. This direction is issued to ensure that litigants do not face any future loss of interest on the amount deposited before Courts.
Case Title: Ajay Dabra vs Pyare Ram | SLP (C) No.15793 OF 2019 | 31 Jan 2023
Citation: 2023 LiveLaw (SC) 69
The Supreme Court observed that being short of sufficient funds to pay court fee is not a reason to condone delay in filing appeal. In such a scenario, an appeal can be filed in terms of Section 149 CPC and thereafter the defects can be removed by paying deficit court fees.
Case Title: Ajay Dabra vs Pyare Ram | SLP (C) No.15793 OF 2019 | 31 Jan 2023
Citation: 2023 LiveLaw (SC) 69
Land in Himachal Pradesh cannot be transferred to a nonagriculturist, and this is with a purpose, the Supreme Court observed in a judgment delivered. The bench of Justices P S Narasimha and Sudhanshu Dhulia noted that the purpose is to save the small agricultural holding of poor persons and also to check the rampant conversion of agricultural land for non-agricultural purposes.
Case Title: Godrej Sara Lee Ltd. vs Excise and Taxation Officer Cum Assessing Authority | CA 5393 OF 2010 | 1 Feb 2023
Citation: 2023 LiveLaw (SC) 70
The Supreme Court observed that it is not proper to dismiss a writ petition on the ground of alternative remedy without examining whether an exceptional case has been made out for such entertainment. "Where the controversy is a purely legal one and it does not involve disputed questions of fact but only questions of law, then it should be decided by the high court instead of dismissing the writ petition on the ground of an alternative remedy being available", the bench of Justices S. Ravindra Bhat and Dipankar Datta observed.
Case Title: In Re Policy Strategy for Grant of Bail SMW (Crl.) No. 4/2021
Citation : 2023 LiveLaw (SC) 76
The Supreme Court has issued guidelines on the issue of undertrial prisoners who continue to be in custody despite having been granted the benefit of bail on account of their inability to fulfill the conditions stipulated in the bail order or otherwise.
Case Title: In Re Policy Strategy for Grant of Bail SMW (Crl.) No. 4/2021
Citation : 2023 LiveLaw (SC) 76
The Supreme Court, while hearing the issue of undertrial prisoners who continue to be in custody despite having been granted the benefit of bail, has said that the country's prisons are overburdened by 5000 people every month merely because of their inability to furnish a bail bond.
Case Title: Rangappa Javoor vs State Of Karnataka | SLP(Crl) Diary 33313/2019 | 30 Jan 2023
Citation: 2023 LiveLaw (SC) 74
The Supreme Court observed that criminal proceedings inter-se parties in cases of offences relating to matrimonial disputes can be quashed if the Court is satisfied that the parties have genuinely settled the disputes amicably.
Case Title: BV Seshaiah vs State of Telangana & B Vamsi Krishna vs State of Telangana
Citation : 2023 LiveLaw (SC) 75
The Supreme Court set aside an order of the Telangana High Court which confirmed the conviction in a cheque dishonour case overriding the agreement between the parties to compound the offence. The bench held that when parties to a litigation proceeding have entered into an agreement to compound a compoundable offence, High Courts cannot override such compounding and impose their will on the parties.
Case Title: K.T.V. Health Food Private Limited v. Union of India And Ors. | Civil Appeal No. 3626 of 2020 | 1 Feb 2023
Citation: 2023 LiveLaw (SC)
The Supreme Court noted that the word ‘within’ used for CRZ-I and ‘in’ used for CRZ-II in the CRZ Notification of 2011 cannot be interpreted to include what is outside the port areas. It is pertinent to note that in CRZ-I, the “storage of edible oil inter alia is permitted within the notified ports” and in CRZ-II, the storage of non-hazardous cargo such as edible oil, fertilizers and foodgrain is permitted ‘in notified ports’.
Case Title: Anushka Rengunthwar And Ors. v. Union of India And Ors. WP(C) No.891/2021
Citation : 2023 LiveLaw (SC) 73
The Supreme Court held that the notification issued by the Central Government in 2021 - which took away the rights of Overseas Citizens of India (OCI) category students to apply for general seats and confined their right only to Non-Resident Indians (NRI) category seats- will apply only prospectively from the date of the notification, which is March 4, 2021.
Transfer Of Property Act - Encroacher Cannot Claim Benefit Of Section 51 : Supreme Court
Case Title: Baini Prasad (D) vs Durga Devi | CA 6182-6183 of 2009 | 2 Feb 2023
Citation: 2023 LiveLaw (SC) 78
The Supreme Court observed that an encroacher cannot be termed as a 'transferee' to seek benefit of Section 51 of the Transfer of Property Act.
Case Title: Common Cause v. Union of India | Miscellaneous Application No. 1699 of 2019 in Writ Petition (Civil) No. 215 of 2005
Citation : 2023 LiveLaw (SC) 79
The Supreme Court has modified the slew of directions relating to advance medical directives, or living wills issued in a 2018 judgement that had recognised the right to die with dignity as an inextricable facet of the right to live with dignity under Article 21 of the Constitution, and had, accordingly, upheld the legal validity of passive euthanasia.
Case Title: M.C. Mehta v. UoI And Ors. WP(C) No. 13381/1984 PIL
Citation : 2023 LiveLaw (SC) 82
The Supreme Court has removed the restriction imposed on increasing air traffic in the Agra area. In December 2019, while granting permission to the Airport Authority of India to construct an additional terminal at the Agra airport, the Supreme Court had imposed a restriction that the air traffic should not be increased. The restriction was imposed to preserve the Taj Mahal monument.
Case Title: Maharashtra State Financial Corporation Ex-Employees Association & Ors. v. State of Maharashtra Civil Appeal No(s) 778 OF 2023
Citation: 2023 LiveLaw (SC) 81
The Supreme Court has held that employees who retired under the Voluntary Retirement Scheme (VRS) cannot claim parity with others who retired upon achieving the age of superannuation for the purposes of pay revision.
Tax Authorities Should Maintain Discipline To Follow Decisions Of Higher Authorities : Supreme Court
Case Title: M/s. Godrej Sara Lee Ltd. v. The Excise And Taxation Officer Cum Assessing Authority And Ors. | Civil Appeal No. 5393 of 2010| 1 Feb 2023
Citation: 2023 LiveLaw (SC)
The Supreme Court, recently, observed that in order to avoid utter chaos in administration of tax laws, decisions made by higher authorities ought to be adhered to. It noted that if the decisions of higher authorities are not followed, the same would also lead to undue harassment of assessees.
Case Title: Anushka Rengunthwar And Ors. v. Union of India And Ors. WP(C) No.891/2021]
Citation : 2023 LiveLaw (SC) 73
The Supreme Court, on Friday, upheld the notification issued by the Central Government in 2021 - which took away the rights of Overseas Citizens of India (OCI) category students to apply for general seats and confined their right only to Non-Resident Indians (NRI) category seats, but with prospective effect.
Case Title : Rana Ayyub v. Directorate of Enforcement | Writ Petition (Criminal) No. 12 of 2023
Citation : 2023 LiveLaw (SC) 86
The Supreme Court stated that the offence of money laundering is constituted by various activities, namely, concealment, possession, acquisition, use, projecting as untainted property, or claiming as untainted property. So, the the offence can be tried at the places where any of these acts have taken place have. The Court held so while rejecting the argument of journalist Rana Ayyub that the offence of money laundering can be tried only at the place where the alleged proceeds of crime are deposited (Navi Mumbai).
Case Title: ITC Limited vs Aashna Roy | Civil Appeal No. 6391 OF 2021
Citation : 2023 LiveLaw (SC) 87
The Supreme Court on February 7 set aside an order of the National Consumer Disputes Redressal Commission(NCDRC) awarding compensation of Rs. 2 crores awarded to a lady model for a bad haircut and poor hair treatment she underwent at a 5-star Hotel in Delhi.
Case Title : Rana Ayyub v. Directorate of Enforcement | Writ Petition (Criminal) No. 12 of 2023
Citation : 2023 LiveLaw (SC) 86
The Supreme Court held that the trial of the scheduled offence should take place in the Special Court which has taken cognizance of the offence of money-laundering. The court also added that the provisions of the Cr.P.C. are applicable to all proceedings under the PMLA Act including proceedings before the Special Court, except to the extent they are specifically excluded.
Case Title: M/s. Gas Authority of India Limited v. M/s. Indian Petrochemicals Corporation Ltd. And Ors.| Civil Appeal Nos. 3504-3505 of 2010
Citation: 2023 LiveLaw (SC) 88
A Division Bench of the Supreme Court comprising Justice S.K. Kaul and Justice A.S. Oka, held that if the State in its contractual dealings fails to exercise a degree of fairness or practices any discrimination, writ jurisdiction can be exercised against it.
Case Title: National Insurance Company Ltd. v, The Chief Electoral Officer & Ors. | Civil Appeal No.4769 OF 2022
Citation : 2023 LiveLaw (SC) 90
The Supreme Court has held that the death occurring due to sun-stroke during election duty will not come within the scope of the clause "death only resulting solely and directly from accident caused by external violent and any other visible means" in the insurance policy.
Case Title : Debashis Sinha and others vs M/s RNR Enterprise represented by its Proprieter/Chairman, Kolkata and others
Citation : 2023 LiveLaw (SC) 92
The Supreme Court has observed that that flat-owners, who are often forced by the circumstances to take possession of apartments even if the amenities promised by the builder are not provided, do not forfeit their right to claim such services from the builder.
Case Title: Bar Council of India v. Bonnie Foi Law College & Ors. | Special Leave Petition (Civil) No. 22337 of 2008
Citation : 2023 LiveLaw (SC) 96
A Constitution Bench of the Supreme Court upheld the power of the Bar Council of India to require law graduates to qualify for the All-India Bar Examination as an eligibility criterion to practise law in India.
Case Title: Gas Point Petroleum India Limited vs Rajendra Marothi | CA 619 OF 2023 | 10 Feb 2023
Citation: 2023 LiveLaw (SC) 89
The Supreme Court observed that, under Order XXI Rule 84 CPC, the deposit of 25% of the amount by the auction purchaser is mandatory. The full amount of the purchase money must be paid within fifteen days from the date of the sale, the bench of Justices M R Shah and CT Ravikumar observed.
Case Title: State of U.P. And Ors. v. Smt. Priyanka SLP(C) No. 1595/2022
Citation : 2023 LiveLaw (SC) 95
The Supreme Court imposed a cost of INR 50,000 on the State of Uttar Pradesh for filing a frivolous appeal pertaining to payment of death-cum-retirement gratuity to the wife of a deceased professor.
Case Title : Uber India Systems Private Ltd and Another versus Union of India and others |SLP(c) No.5705/2022
Citation : 2023 LiveLaw (SC) 108
The Supreme Court directed Uber to apply for a license as per Section 93(1) of the Motor Vehicle Amendment Act, 2019 within a period of 3 weeks (on or before 6th March, 2023), to continue its services as an aggregator in the State of Maharashtra. At the same time, the Court also allowed Uber to make a representation to the State of Maharashtra to ventilate its grievances with regard to the conditions imposed while granting provisional license.
Motor Vehicles Act | Aggregators License -States May Keep In Mind Centre's Guidelines While Framing Rules : Supreme Court
Case Title: Roppen Transportation Services Pvt Ltd v. Union of India & Ors
Citation : 2023 LiveLaw (SC) 100
The Supreme Court of India has held that when the State Government formulates rules in pursuance of its power under Section 96 of the Motor Vehicles Act, it may also bear in mind the Guidelines which have been framed by the Union Government in 2020 (Motor Vehicle Aggregators Guidelines, 2020). The observation by the court came in the order passed by Apex Court in Rapido's plea against the Maharashtra government's refusal to grant two-wheeler bike taxi aggregator license to the company.
Company Secretary's Liability : Supreme Court Says Compliance Officer Should Ensure Compliance With SEBI's Buyback Regulations
Case Title: SEBI i vs V Shankar | Civil Appeal No 527 of 2023
Citation : 2023 LiveLaw (SC) 101
The Supreme Court has held that a Company Secretary, while acting as a compliance officer in terms with the SEBI (Buyback of Securities) Regulations 1998, has to ensure that there is compliance of the company with the regulations relating to buyback of shares.
Supreme Court Upholds Rule Requiring Builders To Reserve Open Spaces In Developed Plots
Case Title : Association of Vasanth Apartments Owners vs V Gopinath and others
Citation : 2023 LiveLaw (SC) 105
The Supreme Court has upheld a rule which mandated that builders should reserve open spaces in the plots developed by them. The rule in question was Rule 19 of the Development Control Rules for the Chennai Metropolitan Area. The Rule mandated that 10% of the area of any developmental plan having area 10,000 sq. meter or more should be reserved as open space for communal and recreational use and that such open space area must be transferred to the local authority free of cost through a registered gift deed.
Supreme Court Upholds Sec 9D Central Excise & Salt Act; Asks Cigarette Company To Pay Rs 5 Lakh Cost For Cancer Affected Children
Case Title: GTC Industries Ltd (Now Known As Golden Tobacco Limited) Thr. Manager Legal And Anr. v. Collector of Central Excise And Ors. | Civil Appeal Nos. 8583-84 of 2010
Citation: 2023 LiveLaw (SC) 107
The Supreme Court, recently, endorsed the order of the Delhi High Court upholding the validity of Section 9D of the Central Excise and Salt Act, 1944 (Excise Act).
High Courts Are Not Subordinate To Supreme Court, They Are Constitutional Courts : SC
Case Title : Shankar Kumar Jha Vs The State Of Bihar & Ors | Special Leave Petition (Civil) Diary No(S). 40774/2022
Citation : 2023 LiveLaw (SC) 114
High Courts are too, are constitutional courts and are not subordinate to the Supreme Court, the Apex Court reiterated in a recent order.
Ouster Of Civil Court's Jurisdiction Won't Have Retrospective Effect To Annul A Decree Validly Passed By Civil Court: Supreme Court
Case Title: Ananta Chandrakant Bhonsule (D) By Lrs. And Anr. v. Trivikram Atmaram Korjuenkar (D) By Lrd. And Anr. Civil Appeal No. 3936 of 2013]
Citation : 2023 LiveLaw (SC) 109
Division Bench of the Supreme Court comprising Justice V. Ramasubramanian and Justice Pankaj Mithal reiterated that ouster of jurisdiction of civil court can be expressed or implied, but it cannot have retrospective effect annulling a decree validly passed by the civil court.
'It's Quality & Not Quantity Of Witnesses Which Matters' : Supreme Court Relies On Solitary Eyewitness Testimony To Affirm Sentence
Case Title : Ajai alias Ajju and others vs State of Uttar Pradesh
Citation : 2023 LiveLaw (SC) 110
"It is not the quantity of the witnesses but the quality of witnesses which matters", observed the Supreme Court while affirming the conviction and sentence of four persons for murder of four persons.
Review Provision Is Not To Scrutinize The Correctness Of Decision : Supreme Court
Case Title: Pancham Lal Pandey vs Neeraj Kumar Mishra | SLP(C) 3329 OF 2021 | 15 Feb 2023
Citation: 2023 LiveLaw (SC) 111
The Supreme court reiterated that the provision of review is not to scrutinize the correctness of the decision. It is to correct the error, if any, which is visible on the face of the order / record without going into as to whether there is a possibility of another opinion different from the one expressed, the bench of Justices V Ramasubramanian and Pankaj Mithal observed.
Remand Order Prolongs & Delays Litigation : Supreme Court Explains Scope Of Appellate Court's Power To Remand
Case Title: Arvind Kumar Jaiswal (D) vs Devendra Prasad Jaiswal Varun | SLP(C) 9172/2020 | 13 Feb 2023
Citation: 2023 LiveLaw (SC) 112
An order of remand prolongs and delays the litigation, the Supreme Court observed while setting aside a High Court order remanding a case to the trial court. In this case, the Patna High Court passed an order of remand observing that the judgment of the trial court was not written as per the mandate of Section 33 and Rule 4(2) and 5 of Order XX of the Code of Civil Procedure, as the discussion and reasoning on certain aspects was not detailed and elaborate.
MBBS : Supreme Court Imposes Rs 2.5 Crores Penalty On Medical College For Illegal Admissions; Protects Students
Case Title: NMC vs Annasaheb Chudaman Patil Memorial Medical College & Ors | Civil Appeal No 966 of 2023
Citation : 2023 LivLaw (SC) 113
The Supreme Court asked Annasaheb Chudaman Patil Memorial Medical College, Dhule to deposit Rs 2.5 crores with the All India Institute of Medical Sciences, New Delhi for flouting its orders pertaining to the admission of MBBS students.
Indian Association For The Cultivation Of Science (IACS) Is A 'State' U/Article 12 : Supreme Court
Case Title: Pushan Majumdar vs Union of India | CA 369-378 OF 2023 | 16 Jan 2023
Citation: 2023 LiveLaw (SC) 115
The Supreme Court held that the Indian Association for the Cultivation of Science [IACS] is a "State” within the meaning of Article 12 of the Constitution of India.
Shiv Sena Rift : Supreme Court Defers Decision On Question For Larger Bench Reference, To Hear On Merits From Feb 21
Case Title : Subhash Desai versus Principal Secretary, Governor of Maharashtra and others | W.P.(C) No. 493/2022 and connected cases
In the cases related to rift within Shiv Sena, a 5-judge of the Constitution Bench observed that it will decide the plea for reference to a larger bench after hearing the merits of the matter.
Conviction U/S 498A IPC Not Sustainable When Marriage Is Found To Be Null & Void : Supreme Court
Case Title: P Sivakumar vs State | CrA 1404-1405 OF 2012 | 9 Feb 2023
Citation: 2023 LiveLaw (SC) 116
The Supreme Court observed that the conviction under Section 498-A IPC would not be sustainable when the marriage was found to be null and void.
MCD Mayor Polls : Nominated Members Can't Vote, Holds Supreme Court; Election To Be Notified In 24 Hours
Case Title : Shelly Oberoi and other vs Office of Lieutenant Governor of Delhi
Citation : 2023 LiveLaw (SC) 119
Ending a major controversy over the election of Mayor of Municipal Corporation of Delhi, the Supreme Court held that nominated members of the municipal corporation cannot vote in the elections for mayor.
Murder Trial - Once Prosecution Establishes 'Last Seen Theory', Accused Is Bound To Give Explanations : Supreme Court
Case Title : Ram Gopal S/o Mansharam vs State of Madhya Pradesh
Citation : 2023 LiveLaw (SC) 120
A recent judgment rendered by the Supreme Court has a notable discussion on the application of "last seen theory" in murder cases. Upholding the conviction of an accused in a murder case, the Court explained that once the prosecution has shown that the victim was last seen together along with the accused, then the accused has to give explanations.
Employee Can't Seek Alteration Of Date Of Birth At Fag End Of Career : Supreme Court
Case : General Manager South Eastern Coalfields vs Avinash Kumar Tiwari
Citation : 2023 LiveLaw (SC) 124
The Supreme Court has reiterated that an employee cannot seek alteration of date of birth in the service records at the fag end of the career. A bench comprising Justices V Ramasubramanian and Pankaj Mithal was hearing a special leave petition filed by South Eastern Coalfields Ltd challenging a Bombay High Court order which allowed the alteration of an employee's date of birth.
General Power Of Attorney Holder Can Sub-Delegate His Powers If There Is A Specific Clause Permitting Sub-Delegation : Supreme Court
Case Title : Mita India Pvt Ltd vs Mahendra Jain
Citation : 2023 LiveLaw (SC) 121
The Supreme Court has held that a general power of attorney holder can sub-delegate his powers to another person if there is a specific clause authorising sub-delegation.
Case Title: Aparna Ajinkya Firodia vs Ajinkya Arun Firodia | SLP (C) No.9855/2022 | 20 Feb 2023
Citation: 2023 LiveLaw (SC) 122
The Supreme Court observed that DNA tests of children born during the subsistence of a valid marriage may be directed only when there is sufficient prima-facie material to dislodge the presumption under Section 112 of the Evidence Act.
IIT-Kanpur Caste Discrimination Complaint : Supreme Court Favours Conciliation, Suggests Talks Between Dalit Faculty & His Colleagues
Case Title: Subrahmanyam Saderla v. Chandra Shekhar Upadhyay | Criminal Appeal No. 460 of 2023 arising out of Special Leave Petition (Criminal) No. 3663 of 2020
Citation : 2023 LiveLaw (SC) 126
The Supreme Court adopted a conciliatory approach in a cased filed by a Dalit faculty member of the Indian Institute of Technology, Kanpur against four senior professors alleging caste harassment.
'Land Acquisition Compensation Can't Be Different Based On Nature Of Ownership' : Supreme Court Strikes Down NOIDA Authority's Classification
Case title: Ramesh Chandra Sharma And Ors. v. State of Uttar Pradesh And Ors.
Citation: 2023 LiveLaw SC 123
The Supreme Court stuck down the classification made by the Greater NOIDA Authority between Pushtaini and Gair-Pushtaini Landholders for the purpose of granting compensation upon acquisition.
Cheque Cases Can Be Transferred From One State To Another Invoking Section 406 CrPC : Supreme Court
Case Title: Yogesh Upadhyay vs Atlanta Limited
Citation: 2023 LiveLaw (SC) 125
The Supreme Court observed that it has power under Section 406 CrPC to transfer cheque cases from one state to another.
Minority School Not Entitled To State Grant Towards Salary For Employee Retained Beyond Retirement Age : Supreme Court
Case Title: State of Gujarat And Ors. v. H.B. Kapadia Education Trust And Anr. Civil Appeal No. 2837 of 2022
Citation: LiveLaw 2023 (SC) 127
The Supreme Court held that if an employee is continued in service by the management of any registered minority Secondary School receiving Grant-in-Aid from the State-Government, then such school would not be entitled to receive any grant in respect of the expenditure incurred for continuing such employee beyond the stipulated superannuation age.
Supreme Court Affirms Madras HC Order Allowing EPS To Continue As AIADMK Interim General Secretary, Dismisses OPS's Challenge
Case Title: Thiru K Palaniswamy vs M Shanmugham and others
Citation : 2023 LiveLaw (SC) 133
In a set back to O Paneerselvam (OPS) in the cases related to AIDAMK leadership row, the Supreme Court affirmed the order of the Madras High Court division bench which allowed Edappadi Palaniswamy(EPS) to continue as the interim general secretary of the party.
Different Pay Scale For Seemingly Similar Posts Justifiable If There Is A Reasonable Classification : Supreme Court
Case Title: Union of India v. Indian Navy Civilian Design Officers Association And Anr. |Civil Appeal No. 8329 of 2011
Citation: LiveLaw 2023 (SC) 129
The Supreme Court has observed that Pay Commissions may be justified in recommending different pay scales for seemingly similar posts and if the State accepts such differentiation based on a reasonable classification, then the Courts will not interfere.
'Service As Adhoc Judges Can't Be Considered For Elevation As HC Judges' : Supreme Court Rejects Plea Of Judicial Officers From AP
Case Title : C Yamini and others vs High Court of Andhra Pradesh at Amaravathi and another
Citation : 2023 LiveLaw (SC) 130
The Supreme Court dismissed a writ petition filed by nine judicial officers from Andhra Pradesh seeking to direct the Andhra Pradesh High Court to consider them for elevation as HC judges.
Assessment Of Descriptive Answers Is Subjective; Courts Should Not Enter That Arena : Supreme Court Disapproves Of HC Ordering Re-Evaluation
Case Title: Dr. B R Ambedkar University, Agra Appellant(S) Vs Devarsh Nath Gupta & Ors | Civil Appeal No.1141 Of 2023
Citation : 2023 LiveLaw (SC) 131
The Supreme Court disapproved of the course adopted by the Allahabad High Court in ordering re-evaluation of a university exam, as the relevant statute did have a provision for re-evaluation and scrutiny of answer sheets.
Supreme Court Upholds Life Sentence For Mother Who Killed Her 5-Year Old Child
Case Title: Vahitha v. State of Tamil Nadu| Criminal Appeal No. 762 of 2012
Citation: LiveLaw 2023 (SC) 132
The Supreme Court reiterated that when there is concurrent findings of fact by the Trial Court and the High Court, the Apex Court ought not to re-appreciate the evidence to examine the correctness of such findings of fact, unless there is manifest illegality or grave and serious miscarriage of justice on account of misreading or ignoring material evidence.
Supreme Court Restores Odisha Lokayukta's Probe Order Against Pradeep Kumar Panigrahi MLA
Case Title: Office of the Odisha Lokayukta v. Dr. Pradeep Kumar Panigrahi And Ors.| SLP(Civil) No. 6261-6262 of 2021
Citation: LiveLaw 2023 (SC) 135
The Supreme Court reversed the order of Orissa High Court, which set aside Odisha Lokayukta’s direction to the Director of Vigilance, Odisha, Cuttack to conduct a preliminary inquiry into the allegations of corruption against Dr. Pradeep Kumar Panigrhi, an elected Member of the Legislative Assembly of Gopalpur Constituency.
'Mere Framing Of Charges No Bar To Order Further Investigation; Victim Has Fundamental Right Of Fair Investigation' : Supreme Court
Case Title : Anant Thanur Karmuse vs State of Maharashtra
Citation : 2023 LiveLaw (SC) 136
"The victim has a fundamental right of fair investigation and fair trial", observed the Supreme Court while ordering further investigation in a case for abduction and attack against NCP MLA Jitendra Awhad.
Reducing Cut-Off Marks After Publication Of Results Only To Provide Employment To A Particular Category Violates Article 14 : Supreme Court
Case Title: Sureshkumar Lalitkumar Patel & Ors. v. State of Gujarat & Ors. | Special Leave Petition (Civil) Nos. 4302-4303 of 2021 and another connected matter
Citation : 2023 LiveLaw (SC) 137
The Supreme Court has disapproved of a departmental selection committee’s decision to reduce the qualifying marks after the publication of results to facilitate the appointment of a special category of candidates comprising women, persons with disabilities, and former members of the armed forces, to the post of ‘Supervisor Instructor, Class III’ in various industrial training institutes across the state of Gujarat.
Section 45 PMLA Conditions Applicable To Anticipatory Bail Applications For Money Laundering Offence : Supreme Court
Case Title : The Directorate of Enforcement vs M. Gopal Reddy and another
Citation : 2023 LiveLaw (SC) 138
The Supreme Court has reiterated that the conditions under Section 45 of the Prevention of Money Laundering Act for grant of bail are applicable to anticipatory bail applications under Section 438 of the Code of Criminal Procedure as well.
Communicating Annual Confidential Report to Employee without Sufficient Time to Challenge it Same as Non-Communication of Report: SC
Case Title: R.K. Jibanlata Devi v. High Court of Manipur through its Registrar General & Ors. | Writ Petition (Civil) No. 1209 of 2021
Citation : 2023 LiveLaw (SC)
Failure to accord sufficient time for an employee to challenge the assessment of their performance for a particular year in an Annual Confidential Report (ACR) before a departmental promotion committee is convened, would be treated as a non-disclosure of the evaluation report, the Supreme Court said, while setting aside the proceedings of a DPC of the Manipur High Court determining appointment to the post of assistant registrar.
NGT Has Powers To Execute Its Orders As Decrees Of Civil Court : Supreme Court
Case Title: Sushil Raghav v. Union of India | Civil Appeal No 1629 of 2022
Citation : 2023 LiveLaw (SC) 140
The Supreme Court has held that the National Green Tribunal has powers to execute its orders as decrees of civil court under Section 25 of the NGT Act.
- News Updates
The Supreme Court clarified that decriminalisation of adultery will not impact the power of armed forces to initiate disciplinary proceedings against its personnel for adulterous conduct. A Constitution Bench led by Justice KM Joseph clarified that the 2018 judgment in Joseph Shine vs Union of India, which struck down Section 497 of the Indian Penal Code, did not impact the laws applicable to armed forces -Army Act, Navy Act and the Air Force Act.
The Supreme Court issued notice to the Ministry of External Affairs and Ministry of Home Affairs indicating it to explore possibilities of entering into mutual agreements with the USA as the number of custody matters, wherein one of the parents living in the USA is flouting the orders of the Apex Court to return the child to the other parent residing in India, is on the rise.
In a major budget announcement helping the salaried middle class, Union Finance Minister Nirmala Sitharaman announced the proposal to raise the income tax rebate level to Rs 7 lakhs per annum from Rs 5 lakhs per annum.
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Supreme Court judge Dipankar Datta recused himself from hearing an appeal against Karnataka High Court’s decisionto deny bail to two terror accused with Islamic State links. Both applicants were arrested by the National Investigation Agency for allegedly entering into a criminal conspiracy to radicalise and recruit impressionable young Muslims to join the proscribed militant organisation. A bench of Justices Ravindra Bhat and Dipankar Datta were slated to hear the appeal, but Justice Datta decided to recuse himself.
A Constitution Bench of the Supreme Court directed WhatsApp to widely publicise its stand that WhatsApp users in India do not have to accept its 2021 privacy policy in order to use it, and WhatsApp’s functionality would remain unaffected till the Data Protection Bill comes into existence.
Bail Pendency Is An Emergency Situation Needing Urgent Attention : Justice PS Narasimha
Justice. P.S. Narasimha of the Supreme Court of India said the average quality of legal representation, both legal aid and private, needs to be upgraded. He spoke on the urgency of improving the quality of and collaboration between institutions of the criminal justice system to ensure protection of the rights of individuals impacted by the system. He also noted that ‘the current state of bail pendency is an emergency situation that needs urgent attention.’
The Supreme Court bench comprising Chief Justice DY Chandrachud, Justice PS Narasimha, and Justice JB Pardiwala resumed hearings in the PIL seeking court's intervention in relation to the issue of a large number of unnatural death of wild elephants due to electrocution from power lines passing through the protected areas and elephant reserves. The bench asked the Ministry of Environment Forest and Climate Change to respond to the recommendation made in the Gajah Report of converting "Project Elephant" into a statutory agency.
Supreme Court Judge Justice Sanjay Kishan Kaul orally observed that the Tribunals in the country should have experts in the respective fields as members.
A PIL has been filed before the Supreme Court seeking imposition of complete ban on the British Broadcasting Corporation and BBC India from operating in the territory of India. The petition, filed through Advocate, Barun Kumar Sinha, also seeks directions to the NIA to initiate investigation against the ‘anti-India and anti-Indian Government reporting/documentary films/short films including its employee journalist in India’.
WhatsApp infomed the Supreme Court that by policy it does not process sensitive personal data of its users. A Constitution Bench bench comprising Justices KM Joseph, Ajay Rastogi, Aniruddha Bose, Hrishikesh Roy and CT Ravikumar was hearing the petitions which were filed challenging the 2016 privacy policy of WhatsApp. The case was referred to the Constitution Bench in 2017.
The Supreme Court commenced hearing on whether in an assessment under section 153A of the Income Tax Act, besides the incriminating material found during search, such materials which the Assessing Officer has on hand and the third party records available can be relied on to assess total income, or whether the assessment has to confined only to the incriminating material seized during the search. The Court also discussed the issue whether there is no incriminating material seized during the search, then those assessments be reopened and reassessed under Section 153A.
All Courts Should Have Hybrid System For Hearing Cases, Opines Supreme Court
The Supreme Court on Wednesday verbally expressed that all courts in the country need to have in place, a hybrid system for hearing cases. Before a bench of Justices SK Kaul and Abhay Shreeniwas Oka, Senior Advocate P Wilson said that regional benches of the Supreme Court are necessary for the benefit of litigants.
The Supreme Court dismissed a PIL challenging the constitutionality of Section 33(7) of the Representation of Peoples Act 1951, which allows a candidate to contest from two seats in elections. Observing that it is a matter of legislative policy, the bench comprising Chief Justice of India DY Chandrachud, Justice PS Narasimha and Justice JB Pardiwala dismissed the PIL filed by Ashwini Upadhyay. The provision was challenged as unreasonable and arbitrary for creating extra burden on the public exchequer as bye-elections will invariably follow because candidates have to give up one seat in case they win from both the seats.
The Supreme Court agreed to hear an intervention application seeking to prohibit an alleged hate speech event organised by Hindu Jan Aakrosh Sabha in Mumbai. Alleging that ant-Muslim hate speech was made at the rally organised by the outfit on January 28 in Mumbai, the petitioner seeks to stop the next proposed event by it in the city.
Amid the controversy over judicial appointments escalating, the decision of the Supreme Court collegium to nominate Advocate Lekshmana Chandra Victoria Gowri for judgeship at the Madras High Court has come under the scanner, with a section of the bar criticising the recommendation as ‘disturbing’ and against the interests of the independence of the judiciary.
Rebate Rate Hike, Slab Changes Applicable Only In New Tax Regime: Know The Difference
In her Budget 2023-24 speech, Union Finance Minister Nirmala Sitharaman has announced that the increase in the income tax rebate limit from Rs. 5 Lakhs To Rs. 7 Lakhs in the new tax regime. For the middle class person, the proposal under the new income tax regime has been a huge relief. This would mean that an individual with an annual income of up to Rs 7 lakh will not be required to pay income tax.
Supreme Court To Celebrate Its Foundation Day For The First Time
The Supreme Court of India is set to celebrate its Foundation Day for the first time on February 4, 2023. The Chief Justice of Singapore, Justice Sundaresh Menon, has been invited as the Chief Guest for the event and will be delivering a lecture on 'Role of judiciary in a changing world'.
Law Minister Kiren Rijiju on Thursday disclosed that the government has suggested to the Supreme Court that the Search-cum-Evaluation Committee in respect of appointment of Judges in the Supreme Court and Chief Justices of High Courts should consist of a representative nominated by Government of India.
Supreme Court Pulls Up Odisha Government For Not Disbursing Funds To High Court Of Orissa
The Supreme Court heard the Malik Mazhar Sultan Vs. U.P. Public Service Commission case in which it has taken up the issues concerning the filling up of judicial vacancies in trial courts. In the hearing, the bench pulled up the Orissa government for not disbursing requisite funds to the Orissa High Court for infrastructural development of district judiciary.
Govt Sent Back 18 SC Collegium Recommendations, 6 Have Been Reiterated: Law Minister Kiren Rijiju
The Union Law Minister Kiren Rijiju informed Rajya Sabha that a total of 18 proposals recommended by the Supreme Court Collegium (SCC) for appointment of judges has been sent back by the government to the collegium for reconsideration.
'Retire At 56? Unfair' : SC Judge Ajay Rastogi On Retirement Age In Kerala Govt Services
While hearing submissions in a service matter, Supreme Court Judge, Justice Ajay Rastogi was bemused to know that in some government services in the State of Kerala the age of retirement is 56 years.
In a plea filed by a 21-year old unmarried woman seeking permission to terminate a 29-week pregnancy, the Supreme Court of India, while noting that the petitioner in question had agreed to give birth to the child and place the child for adoption, asked AIIMS to take all necessary precautions in the interest of the safety and health of the mother and the fetus.
Right To Vote Is A Constitutional Right; Not Just A Statutory Right : CJI DY Chandrachud
While hearing a PIL challenging the constitutionality of Section 33(7) of the Representation of Peoples Act 1951, which allows a candidate to contest from two seats in elections, CJI DY Chandrachud expressed his reservations on the view that the Right to Vote was a statutory right.
Chief Justice of Singapore Sundaresh Menon Watches Proceedings Of Chief Justice Chandrachud's Court
Chief Justice of Singapore, Justice Sundaresh Menon watched the proceedings of Court I of the Indian Supreme Court, which is led by Chief Justice DY Chandrachud.
The Supreme Court directed that its judgments, which laid down elaborate guidelines regarding arrest and bail, be made part of the curriculum of State Judicial Academies, where judicial officers are given training.
The Supreme Court issued notice on petitions challenging the Centre's decision to block the public access to BBC's documentary "India : The Modi Question"
Pending Recommendations To Appoint 5 SC Judges Will Be Cleared Soon : AG Tells Supreme Court
The Attorney General for India R Venkataramani informed the Supreme Court that the Central Government will very soon clear the recommendations forwarded by the Supreme Court collegium in December 2022 to elevate five High Court judges to the Supreme Court.
The Supreme Court recorded the undertaking made by the State of Maharashtra that if permission is granted for Sakal Hindu Samaj for holding its proposed meeting at Mumbai on February 5, it will be subject to the condition that "nobody will make any hate speech and act in defiance of law or disturb the public order".
The Supreme Court issued notice and sought the response of the state of Madhya Pradesh with respect to the anticipatory bail plea of Dr. Mirza Moziz Beg, an assistant professor at Indore’s Government Law College, which has been embroiled in controversy over the presence, in its library, of an allegedly ‘Hinduphobic’ and ‘anti-national’ book titled Collective Violence and Criminal Justice System by Dr. Farhat Khan.
The Supreme Court considered a batch of petitions in relation to religious conversions. Some cases in the batch seek action against religious conversions by force or allurement and other cases challenge the validity of anti-conversion laws passed by various States. The matter was listed before a bench comprising Chief Justice DY Chandrachud and Justice PS Narasimha.
Supreme Court Refuses To Entertain Plea Seeking To Declare Ayodhya Ram Mandir Land As 'Buddha Vihar'
Supreme Court bench comprising Chief Justice DY Chandrachud and Justice PS Narasimha refused to entertain a petition seeking to declare the land in Ayodhya where Ram Mandir is being built, as 'Ayodhya Buddha Vihar'.
In the wake of the Adani group shares taking a beating in the stock market following the publication of a report by US-based short-selling firm Hindenburg Research, a PIL has been filed in the Supreme Court.
The Supreme Court reserved its judgment on whether in an assessment under section 153A of the Income Tax Act, besides the incriminating material found during search, such materials which the Assessing Officer has on hand and the third party records available can be relied on to assess total income, or whether the assessment has to confined only to the incriminating material seized during the search.
The Supreme Court stated in no unclear terms, that it would be constrained to take ‘unpalatable’ judicial as well as administrative actions if there is any further delay on the part of the Union Government in considering the recommendations made by the Supreme Court Collegium for transfer of judges.
Supreme Court Refuses To Entertain Plea Against Govt Managing Temple Properties
The Supreme Court refused to entertain a petition, inter alia, seeking uniformity in endowment laws, as it found that the prayers and averments in the plea were not appropriate to grant relief. The petitioner had raised an objection that "States are running temples".
The Supreme Court allowed the 3 expelled members of the AIADMK - including former Tamil Nadu Chief Minister O Paneerselvam (OPS)- to participate in the party's General Council Meet to select the candidate for the Erode East by-poll for the upcoming bye-elections.
Centre vs Collegium : Supreme Court Says 'Attacks' On Judiciary Doesn't Bother It Beyond A Stage
The Supreme Court remarked that the incessant attacks on judiciary by the other authorities, especially with respect to the process of appointment of judges, ‘does not bother it beyond a certain stage’.
Secular State Has To Prevent Hate Speech At Any Cost : Supreme Court
Emphasizing that India is a “secular state” and hate-speech cannot be allowed, the Supreme Court on Friday directed that the meeting proposed by 'Sakal Hindu Samaj' in Mumbai on February 5 should be videographed by the police and that the contents should be reported to the Court.
Amid increasing concerns about the perennial problem of pendency afflicting the Indian judicial architecture, the Supreme Court was informed that despite its many efforts to populate the ranks in the subordinate judiciary in a prompt and timely manner, there exists a large number of vacancies as well as a shortage of infrastructure.
Chief Justice of India Dr. Justice Dhananjaya Y. Chandrachud virtually inaugurated ‘Virtual High Courts’ in 10 different districts of Odisha. While speaking on the occasion, he said talent has no geographical boundaries and it is not the ‘monopoly’ of those who stay in metropolitan areas. He underlined the importance of facilities like 'Virtual High Courts' in ensuring decentralisation of opportunities for the members of bar across the State.
Can High Court dismiss a petition under Section 482 CrPC solely on the ground that a discharge application is pending? The Supreme Court issued notice in a Special Leave Petition which raised this issue.
Supreme Court Holds Special Saturday Sitting; Stays Demolition Order Passed By Calcutta High Court
A Supreme Court bench comprising Justice V. Ramasubramanian and Justice Hrishikesh Roy held a special sitting on Saturday to hear a petition challenging the interim order of Calcutta High Court to demolish a building. The petition filed through Advocate-on-Record, Mr. Kush Chaturvedi was heard through Video-Conferencing. The Judges appeared from their chambers. Senior Advocate Siddharth Dave appeared for the petitioners.
Centre Notifies Appointment Of 5 Judges To Supreme Court, Working Strength Rises To 32
Accepting the recommendations made by the Supreme Court collegium, the Centre notified the appointment of 5 Judges to the Supreme Court.
As the Supreme Court of India prepares to complete a quarter of a year under the leadership of Chief Justice Chandrachud, the senior most judge of the top court revealed that 12,471 cases were disposed of in that duration, as against the 12,108 cases that were filed, indicating that the rate of disposal has been higher than the rate of the institution of cases in the last three months. This optimistic news was broken amid the Indian judiciary coming under increasing criticism for its acute backlog problem.
While delivering the 19th Justice P. D. Desai Memorial Lecture on the topic 'Fifty Years of Basic Structure - Judicial Overreach or Constitutional Necessity', Senior Advocate Arvind Datar on Saturday said that the basic structure does not act as a stumbling block or thwart an elected government's proposal for social reform.
Interim Victim Compensation Cannot Be Imposed As A Condition For Bail: Supreme Court
The Supreme Court observed that interim victim compensation cannot be imposed as a condition for bail.
'Meat Affordable Means of Protein For Poor': Supreme Court On Plea To Curb Killing Of Animals
The Supreme Court heard a plea which seeks the curb the killing of animals and to switch over to lab-generated meat for consumption.
In a separate petition filed before the Supreme Court of India, the Centre for Justice and Peace (CJP) has challenged five more religious conversion laws.
The Supreme Court has issued notice to all states in a petition concerning salaries of State Consumer Dispute Redressal Commission members. The matter was heard by a bench comprising Chief Justice DY Chandrachud, Justice PS Narasimha, and Justice JB Pardiwala. The batch of pleas prays for the salary of State Consumer Dispute Redressal Commission members to be the same as District Judges.
CJI & Supreme Court Judges Visit Amrit Udyan Of Rashtrapati Bhavan On Invitation Of President
On a special invitation by President Droupadi Murmu, Chief Justice of India, Dr Justice D.Y. Chandrachud and judges of the Supreme Court visited the Amrit Udyan of Rashtrapati Bhavan.
The Supreme Court of India is among the busiest courts in the world and its justices are among the hardest working judges because of the immense caseload that they carry, said Chief Justice Sundaresh Menon of the Singapore Supreme Court on his visit to India.
Five New Supreme Court Judges Take Oath; Working Strength Rises To 32, With 2 Vacancies
Five new Supreme Court judges took oath on Monday. Chief Justice of India DY Chandrachud administered the oath to the newly sworn-in judges in the presence of all judges of the Supreme Court.
PIL In Supreme Court Seeks Probe On Hindenburg Report Against Adani Group
Another PIL has been filed in connection with the publication of a report by US-based short-selling firm Hindenburg Research against the Adani Group. This time, the PIL seeks the constitution of a committee under the head of a retired Supreme Court Judge to investigate the contents of the Research Report.
When All India Bar Examination Becomes An Expensive Affair
The AIBE is conducted annually to test the ability of advocates to practice law in India and is mandatory for all lawyers who wish to enroll themselves with the BCI as advocates. While the AIBE is undoubtedly an important milestone for aspiring lawyers in India, many students argued that the cost of the examination was a significant burden.
Supreme Court Agrees To Hear Plea Challenging Appointment Of Victoria Gowri As Madras HC Judge
A writ petition has been filed in the Supreme Court against the appointment of Advocate L Victoria Gowri as a judge of the Madras High Court.
Centre Notifies Appointment Of Advocate L Victoria Gowri As Additional Judge Of Madras High Court
The Central Government has notified the appointment of Advocate L Victoria Gowri as an Additional Judge of the Madras High Court. The development comes amid widespread backlash over reports about her affiliation to BJP and certain statements made about Muslims and Christians surfaced.
Chief Justice of India DY Chandrachud made a significant disclosure that the Supreme Court collegium has taken cognizance of the complaints against L Victoria Gowri, who has been recommended for appointment as a judge of the Madras High Court.
Supreme Court To Hear Plea To Modify Judgment Describing Sikkimese-Nepalese As Of 'Foreign Origin'
As protests are simmering in Sikkim over a remark in a Supreme Court's judgment indicating that all Nepalis settled in Sikkim are of "foreign origin", an application has been filed in the Top Court seeking to remove the said observation.
Has Supreme Court Ever Quashed HC Judge's Appointment Before Oath-Taking? Yes, Only Once
In the entire history of the Supreme Court, there is only a single precedent of it quashing an appointment of a High Court judge, after finding that the person recommended was ineligible. That extraordinary action happened in the 1992 case Kumar Padma Prasad vs Union Of India And Ors 1992 2 SCC 428, where the Supreme Court quashed the appointment of one K.N. Srivastava as a judge of the Gauhati High Court, before he took oath.
The Supreme Court at the request of National Investigation Agency (NIA), directed the hearing of the bail applications of Vernon Gonsalves and Arun Ferreira, two of the accused persons in the Bhima Koregaon case, to be deferred to a Non-Miscellaneous day.
The Supreme Court clarified that when it had recorded in its order dated 14.12.2022 that lawyers who had indulged in vandalism in court premises during their strike demanding formation of new Benches of the Orissa High Court ‘do not deserve any indulgence’ it merely meant that no special privilege ought to be shown to them.
In a petition challenging the free supply of electoral rolls through hard copies (as per Section 78A and Section 78B of the Representation of the People Act, 1951), CJI DY Chandrachud enquired why the Election Commission of India gave hardcopies of electoral rolls to political parties instead of giving electronic copies.
Supreme Court Sets Aside Ex-Parte Order Of Foreigners Tribunal Which Declared A Woman Non-Indian
The Supreme Court directed Foreigners’ Tribunal, Kamrup, Assam to consider afresh plea of a woman against whom an order alleging that she had entered Assam from East Pakistan after 25 March 1971, was passed by the tribunal ex parte.
The Supreme Court refused to close contempt proceedings against lawyers who had indulged in vandalism in court premises during their strike demanding formation of new Benches of the Orissa High Court.
The Supreme Court expressed dissatisfaction at the laxity shown by the Uttar Pradesh Police in registering an FIR in the Noida hate crime case of July 2021, in which a 62-year old Muslim man complained that he was pulled inside a car by a group of four men, was beaten up, pulled by his beard, assaulted and communal slurs were hurled against him.
Supreme Court Stays HC Direction To Woman In Same-Sex Relationship To Undergo Counselling
The Supreme Court stayed an order passed by the Kerala High Court directing a 23-year old woman, who is stated to be in a same-sex relationship, to undertake counselling. The High Court passed the order in a habeas corpus petition field by her same-sex partner alleging that she had been illegally detained by her parents.
Amidst public outrage over the Supreme Court describing Sikkimese Nepalis as ‘persons of foreign origin’, the union home ministry has filed a review petition in the apex court. Under the scanner is a portion in a concurring opinion authored by Justice B.V. Nagarathna, where the judge, while narrating the historical evolution of the modern-day Indian state of Sikkim vis-à-vis the development of its income tax regime, noted, “There was no difference made out between the original inhabitants of Sikkim, namely, the Bhutia-Lepchas and the persons of foreign origin settled in Sikkim like the Nepalis or persons of Indian origin who had settled down in Sikkim generations back.”
Justice KM Joseph Repeats His Word Of Caution, Says Secular State Cannot 'Whitewash' Hate Crimes
Supreme Court judge Justice KM Joseph reiterated that “there is no space for hate crime in a secular country.” A bench led by him was hearing a writ petition filed by a man against the UP Police's inaction in his complaint that he was subjected to hate crime in July 2021 in Noida.
As the Supreme Court is set to hear petitions challenging the appointment of L.Victoria Gowri as a Judge of the Madras High Court, it has to come to terms with its own judgment, delivered in 2008 with respect to the appointment of another Judge of the Madras High Court, which was under challenge then.
The Supreme Court bench comprising Chief Justice DY Chandrachud, Justice PS Narasimha, and Justice JB Pardiwala, while hearing a plea concerning road safety and prevention of accidents, suggestion including the National Highways Authority of India in the framework for implementing Section 136A, to Justice Sapre, who is the chairperson of the Supreme Court Committee on Road Safety.
The Supreme Court dismissed the writ petition filed by journalist Rana Ayyub challenging the jurisdiction of a special court in Ghaziabad under the Prevention of Money Laundering Act, 2002 to take cognisance of the complaint filed by the Enforcement Directorate against her for alleged violations in amounts collected through crowdfunding for COVID relief.
The Supreme Court dismissed the petitions challenging the appointment of L Victoria Gowri as an additional judge of the Madras High Court.
Advocate L Victoria Gowri took oath as an additional judge of the Madras High Court, while the Supreme Court was hearing two petitions challenging her appointment. Acting Chief Justice of the Madras High Court administered the oath to Victoria Gowri, who courted controversy after her comments made about minority religions surfaced in the public domain after the Supreme Court collegium recommended her name on January 17.
There was high drama in the Supreme Court ahead of hearing of the petitions challenging the appointment of L Victoria Gowri as an additional judge of the Madras High Court. The petitioners' lawyers sought for an early hearing as the oath taking ceremony at the Madras High Court was scheduled at 10.35 AM. The petitions were originally listed as item number 38 before a bench comprising Justices Sanjiv Khanna and MM Sundresh.
In a matter concerning remission of convicts in the State of Uttar Pradesh, the Supreme Court bench comprising Chief Justice DY Chandrachud, Justice PS Narasimha, and Justice JB Pardiwala noted that the arbitrary application of different yardsticks for similarly placed convicts would give rise to a situation where the persons lacking resources would suffer the most. To prevent the same, the bench issued a slew of directions to institutionalise the process.
While hearing contempt pleas pertaining to to lawyers who have indulged in vandalism in court premises during their strike demanding formation of new Benches of the Orissa High Court, the Supreme Court noted that it expects that the technological upgradations that have been made in the judicial institutions over the span of last couple of year should be utilised to its fullest.
The Supreme Court refused to entertain Rapido's plea against the Maharashtra government's refusal to grant two-wheeler bike taxi aggregator license to the company on the ground that the petitioner was at liberty to pursue alternative remedy before the Bombay High Court.
Senior Advocate Dushyant Dave, appearing for the State of Telangana, mentioned before the Supreme Court a petition challenging the Telangana High Court's order transferring the probe into a case related to the alleged attempts to poach 4 MLAs of the Bharat Rashtra Samithi (formerly Telangana Rashtra Samithi), to the Central Bureau of Investigation (CBI). The matter was mentioned before a bench comprising Chief Justice DY Chandrachud, Justice PS Narasimha, and Justice JB Pardiwala.
Supreme Court To Hear Plea Related To Delhi Municipal Corporation Mayor Polls
The Supreme Court of India decided to list matter concerning the Delhi Mayor polls on 8th February 2023. The matter was mentioned by Senior Advocate AM Singhvi before a bench comprising Chief Justice DY Chandrachud, Justice PS Narasimha, and Justice JB Pardiwala.
CJI DY Chandrachud has agreed to constitute a special bench to hear the pleas challenging the order of Gujarat Government allowing premature release of 11 convicts sentenced to life in the Bilkis Bano case for gang rape and murder during 2002 Gujarat Riots.
The Supreme Court directed the centre to immediately give effect to the three important clarifications that the union government has, in consultation with the National Assisted Reproductive Technology and Surrogacy Board, issued regarding the extant regime on surrogacy and assisted reproductive technologies.
The Supreme Court of India dismissed Christian Michel Jame's plea seeking bail under Section 436A of CrPC. However, the bench comprising Chief Justice DY Chandrachud, Justice PS Narasimha, and Justice JB Pardiwala provided him liberty to approach Trial Court to seek regular bail. Christian James Michel, who is facing investigation by the Central Bureau of Investigation (CBI) and the Directorate of Enforcement (ED) in connection with Agustawestland case, had challenged the Delhi High Court's order of dismissing his bail pleas.
Supreme Court Issues Notice To 4 States To Monitor Premature Release Of Prisoners
The Supreme Court bench comprising Chief Justice DY Chandrachud, Justice PS Narasimha, and Justice JB Pardiwala on 6th February 2023 issued notice to the States of Bihar, Madhya Pradesh, and Maharashtra to consider the issue of monitoring of premature release of prisoners.
The Supreme Court took serious exception to certain states not complying with its earlier directions regarding enhancement of the pension of retired judicial officers.
Supreme Court Orders Payment Of Rs. 650 Crores To Workers Of 25 Tea Gardens In Assam
The Supreme Court on February 7 directed the payment of about Rs. 650 crores towards dues of 28,556 workers of 25 tea gardens in the state of Assam. These include 15 gardens owned by the Assam Government owned Assam Tea Company Limited (ATCL).
Amidst the protracted power struggle between the centre and the Supreme Court over judicial appointments, last week, the government notified the elevation to the top court, of five chief justices and puisne judges of high courts, whose names had been cleared by the collegium in December.
Plea Alleging Attacks Against Christians : Supreme Court Seeks Reports From Six States
In a plea seeking directions to stop alleged attacks against Christian priests and Christian institutions across the country, the Supreme Court, directed Chief Secretaries of Bihar, Chhattisgarh, Jharkhand, Odisha, Karnataka, Madhya Pradesh, and Uttar Pradesh to share the information regarding steps taken by their respective law enforcement agencies with respect to the violence alleged in the plea within a period of three weeks.
The Delhi police's petition seeking a review of the Supreme Court's acquittal of the three death row convicts of the gang-rape and murder of a 19-year-old girl in Delhi’s Chhawla area in 2012 was mentioned before the Supreme Court bench comprising CJI DY Chandrachud, Justice PS Narasimha, and Justice JB Pardiwala.
“You May Be The President, Don’t Raise Your Voice”, Justice MR Shah To SCBA President
The Supreme Court bench of Justices MR Shah and CT Ravikumar expressed unhappiness with Senior Advocate Vikas Singh, President, SCBA, sternly stating that while Mr. Singh "may be the President", he must not "raise his voice" and "try to browbeat the Court".
The Supreme Court of India on Wednesday issued notice to the offices of the Delhi Lieutenant Governor and the Pro tem presiding officer of the Municipal Corporation of Delhi (MCD) in a petition filed by Aam Aadmi Party's (AAP) mayoral candidate Dr Shelly Oberoi and AAP for urgent completion of mayoral elections of MCD.
The Supreme Court asked the Uttar Pradesh Anti Terrorism Squad whether it was necessary to continue the custody of Irfan Shaikh who has been arrested over allegations of illegally converting persons to Islam.
The Supreme Court removed the observations in its judgment which described Sikkimese-Nepalese persons as "people of foreign origin". This remark made in the judgment passed in the case Association of Old Settlers of Sikkim vs Union of India had sparked protests in Sikkim, with Sikkimese-Nepalese community expressing strong objections.
In a plea filed by candidates seeking to appear in the first professional university exams for MBBS after four failed attempts, CJI DY Chandrachud expressed his disappointment with the petitioners. The matter was mentioned before a bench comprising Chief Justice DY Chandrachud, Justice PS Narasimha, and Justice JB Pardiwala.
The Supreme Court has disapproved of the practice of authorities delaying the implementation of the directions by seeking permission from their superior officers. When the highest court of the country has passed a direction, there is no basis in seeking permission to implement it, the Court stated.
The Supreme Court at the request of National Investigation Agency (NIA), again adjourned the hearing of the bail applications of Vernon Gonsalves and Arun Ferreira, two of the accused persons in the Bhima Koregaon case.
The Supreme Court Collegium has recalled its recommendation made in December 2022 to appoint Kerala High Court judge Justice K Vinod Chandran as the Chief Justice of the Gauhati High Court.
SC Collegium Recommends Elevation Of Justice Sabina As Chief Justice Of Himachal Pradesh High Court
The Supreme Court Collegium has recommended the appointment of Justice Sabina as the Chief Justice of Himachal Pradesh High Court. She is currently the Acting Chief Justice there.
Islam does not prohibit women from entering mosques to offer namaz or congregational prayer, provided that there is no free intermixing of men and women in common areas, the All-India Muslim Personal Law Board informed the Supreme Court in an affidavit.
The Supreme Court collegium has made an additional recommendation for the appointment as the Chief Justice of the Tripura High Court, in view of the impending retirement of the judge earlier recommended for the post, whose file is pending with the Central Government.
The Supreme Court on Wednesday commenced hearing on whether mere membership of an 'unlawful association' is sufficient to constitute an offence under the UAPA, or some overt act, over and above the membership, is a prerequisite to attract the penal provisions of the Act.
Raise Quota Of Judicial Officers In High Court Judges' Appointment To 50% : Plea In Supreme Court
The Supreme Court has sought the responses of the Union Law Ministry and the Delhi High Court in an application seeking to increase ratio of judicial officers in the appointment of High Court judges to 50%.
Is Affinity Test Integral To Determine Caste Status? Supreme Court Commences Hearing On Reference
The Supreme Court commenced with the hearing of the reference order which pertains to the question - whether the affinity test is integral to the determination of caste status made by the Caste Scrutiny Committee.
Supreme Court To Hear Pleas To Probe Hindenburg Report Against Adani Group
Another PIL has been filed in the Supreme Court of India in the wake of the Adani group shares taking a beating in the stock market following the publication of a report by US-based short-selling firm Hindenburg Research. Advocate Vishal Tiwari, the PIL petitioner, mentioned the matter before Chief Justice DY Chandrachud, Justice PS Narasimha, and Justice JB Pardiwala for urgent listing.
The Supreme Court asked non-compliant State Governments to file compliance reports in the proceedings in Satinder Kumar Antil v. CBI, within two weeks, failing which, it warned, the respective Home Secretaries would be required to appear personally through virtual mode. It also asked the CBI to file its compliance report within the said time period.
The Supreme Court directed the Bombay High Court to consider afresh the plea of Nirav Modi’s brother-in-law Mainak Mehta to travel back to his home in Hong Kong. The bench comprising Chief Justice DY Chandrachud, Justice PS Narasimha, and Justice JB Pardiwala, took note of the fact that Mehta was willing to give authorisation to CBI so it may directly approach banks for disclosure of his account statements, and also furnish security as required.
The Supreme Court reserved its judgment on whether mere membership of an 'unlawful association' is sufficient to constitute an offence under the UAPA, or some overt act, over and above the membership, is a prerequisite to attract the penal provisions of the Act.
The Supreme Court put a stop to all construction activities in the core areas within tiger reserves, national parks, and wildlife sanctuaries, amidst the recent controversy over the Uttarakhand government’s proposal to construct animal enclosures inside the Jim Corbett National Park.
Challenging the order of the Central Information Commission (CIC) directing the Gujarat University to provide “information regarding degrees in the name of Mr. Narendra Damodar Modi" to Delhi Chief Minister Arvind Kejriwal in the year 2016, Solicitor General Tushar Mehta argued before the Gujarat High Court that the RTI Act is being "misused to settled scores and taking a childish jab at opponents".
In a notable verdict, the Supreme Court held that the meaning of the term "charitable purposes" used in the Kerala Building Tax Act 1975 is not limited to free medical relief.
Supreme Court Lawyer & Human Rights Activist Ehtesham Hashmi Passes Away
Supreme Court lawyer and human rights defender Ehtesham Hashmi passed away due to a heart attack. Hashmi was known for taking up several human rights causes.
The Supreme Court has reiterated that to seek regularisation, a daily rated employee must have been initially appointed by a competent authority and there must be a sanctioned post on which he must be working.
Supreme Court Collegium has recommended names of 5 judges for elevation as Chief Justices of HCs Of Allahabad, Calcutta, Chhattisgarh, Gujarat & Manipur.
Is Affinity Test Integral To Determine Caste Status? Supreme Court Reserves Judgment
The Supreme Court reserved its judgment in the reference pertaining to the question - whether the affinity test is integral to the determination of caste status made by the Caste Scrutiny Committee.
A division bench of the Supreme Court of India dismissed a petition by disqualified Rampur MLA Mohd. Abdullah Azam Khan seeking a review of its November 7 decision to uphold the disqualification of the former legislator for not having attained the minimum qualifying age on the date of the election.
The Central Government has notified the appointments of Justices Rajesh Bindal and Aravind Kumar, currently the Chief Justices of Allahabad and Gujarat High Courts respectively, as Supreme Court judges.
Excommunication Among Dawoodi Bohras: Supreme Court Refers to Nine-Judge Sabarimala Bench
A Constitution Bench of the Supreme Court referred the question of the validity of the practice of excommunication prevalent among the Dawoodi Bohras, to a nine-Judge Bench constituted to review the ‘first Sabarimala judgement’.
The Supreme Court pronounced the reasons for the dismissal of the two petitions filed by advocates from the Madras High Court challenging the appointment of Justice Victoria Gowri as an additional judge of the Madras High Court.
The Supreme Court stayed the condition imposed by the Kerala High Court that 'Kantara' movie should not exhibit 'Varaharoopam' song for granting anticipatory bail to producer Vijay Kirgandur and director Rishab Shetty in a criminal case over alleged copyright infringement.
"Absolutely Misconceived" : Supreme Court Dismisses Hindu Sena President's Plea To Ban BBC In India
The Supreme Court dismissed a petition which sought to ban the operations of British Broadcasting Corporation (BBC) in India alleging that it was taking an "anti-India" position. The petition was filed by Hindu Sena President Vishnu Gupta in the wake of BBC airing a documentary critical of Prime Minister Narendra Modi, which has been blocked by the Central Government.
The Supreme Court remarked that in NDPS cases, smalltime drug peddlers are mostly caught and not the real culprits who run drug syndicates. The Court's verbal comment came while granting bail to an undertrial in an NDPS Act case.
Urging Tamil actors Vijay Sethupathi and Maha Ghhandhi to settle the defamation case between them, the Supreme Court referred the matter to mediation at the Supreme Court's mediation centre.
In the wake of Adani-Hindenburg issue, the Supreme Court on Friday expressed concerns about protecting Indian investors and sought the views of the Union Government and the Securities and Exchange Board of India (SEBI) on suggestions to improve the regulatory mechanism.
The Supreme Court dismissed a bunch of petitions challenging the regulation introduced by the National Medical Commission in 2019 which limited the number of attempts to clear the first year examination as four. Before the introduction of this regulation, there was no limit.
Final semester law students, on the production of eligibility proof, should be allowed to take the All-India Bar Examination, although the result would be subject to the student passing all the components of the college examination, a Constitution Bench of the Supreme Court said, while upholding the power of the Bar Council of India to require law graduates to qualify for the All-India Bar Examination as an eligibility criterion to practise law in India.
The Supreme Court reserved its judgment in the petition filed by the State of Rajasthan challenging the High Court’s order to summon IPS Officer Ajay Pal Lamba for recording his evidence as a court witness in connection with Asaram's appeal challenging his conviction by lower Court in a minor's rape case.
The Supreme Court, on February 6, extended the exemptions granted to students studying in linguistic minority schools from writing Tamil language papers in 10th Standard Public Examination for the academic year, 2022-2023.
While pronouncing reasons for dismissing the petitions assailing the appointment of Justice Lekshmana Chandra Victoria Gowri as an Additional Judge of the Madras High Court, the Supreme Court rejected the argument that the facts were not known to the Collegium when they recommended her name for elevation.
The Supreme Court ordered the Post Graduate Institute for Medical Education and Research (PGIMER), Chandigarh to constitute a Medical Board to examine the suitability of a candidate with speech and language disability for MBBS admission.
Delhi Ridge act as the lungs that supplies oxygen to the citizens of Delhi, said the Supreme Court on February 8 while enjoining the Delhi Development Authority from allotting any land in areas which are under consideration for being notified as protected areas. A division bench comprising Justices B.R. Gavai and Vikram Nath pronounced the order.
No Need To Change Collegium System: Former CJI UU Lalit
Former Chief Justice of India Justice UU Lalit on being asked if the collegium system required to be changed, answered in a firm negative. Justice Lalit was speaking on 'Why Study Law: Social Duty and Legal Responsibility' at the inaugural session of the 12th edition of ThinkEdu Conclave on February 9 2023.
The Supreme Court reprimanded a Trial Court for issuing non bailable warrants to accused on the filing of the chargesheet, despite the fact that they had been cooperating and appearing through counsels. The Court noted that the action of the trial court was in violation of the mandate in the case Siddharth vs. State of Uttar Pradesh LL 2021 SC 391.
Fair Criticism Of Government Is Every Journalist's Right, It Is Not Sedition : Former CJI UU Lalit
Former Chief Justice of India UU Lalit said that fair criticism of the government will not amount to sedition.
Former Supreme Court judge Justice Madan B Lokur opined that the there should be more activism on the part of the Supreme Court on issues relating to personal liberty, reported the PTI.
A Constitution Bench of the Supreme Court has doubted the correctness of the 1962 judgment in the case Sardar Syedna Taher Saifuddin Saheb v. State of Bombay which upheld the right of Dawoodi Bohra community to excommunicate its members and has referred it to the 9-judge bench which is considering the questions in Sabarimala.
Former Supreme Court Judge Abdul Nazeer Appointed As Governor Of Andhra Pradesh
The President of India has appointed former Supreme Court judge Justice S Abdul Nazeer has been appointed as the Governor of Andhra Pradesh, reported news agencies. The incumbent Governor of Andhra Pradesh Biswa Bhusan Harichandan has been transferred as the Governor of Chhattisgarh.
Centre Notifies Appointment Of Justice Jaswant Singh As Chief Justice Of Tripura High Court
The Central Government has notified the appointment of Justice Jaswant Singh as the new Chief Justice of Tripura High Court. He is set to retire on February 22.
Chief Justice of India DY Chandrachud advised fresh law graduates to never forget the difference between justice and charity, as charity is a weak substitute for the full availability of exercise of human rights.
On A Long Break From Law Practice?Retake Bar Examination To Rejoin Profession : Supreme Court
An enrolled advocate, who has been employed in a ‘non-legal context’ for a substantial period of time would be deemed to be a ‘new enrolee’, should they wish to return to the legal profession, and would have to regain qualification by taking the All-India Bar Examination again, a Constitution Bench of the Supreme Court on Friday recommended, while upholding the power of the Bar Council of India to require law graduates to qualify for the All-India Bar Examination as an eligibility criterion to practise law in India.
The Supreme Court granted interim protection to officials of Kolkata Police and West Bengal Police from arrests in an FIR registered by the CBI against unidentified officers. The Court however allowed the CBI to continue with the investigation of the case.
“AI is a game-changer in the legal field and has the potential to revolutionise the way lawyers work,” said Supreme Court judge Hima Kohli.
Justices Rajesh Bindal and Aravind Kumar, formerly the Chief Justices of Allahabad and Gujarat High Courts respectively, took oath as Supreme Court judges. Chief Justice of India DY Chandrachud administered the oath of office to them in the presence of all the judges.
Supreme Court Dismisses Challenge To Delimitation In Jammu & Kashmir
The Supreme Court dismissed a petition which challenged the delimitation exercise carried out for redrawing the Legislative Assembly and Lok Sabha constituencies in the Union Territory of Jammu & Kashmir.
Human Life Equally Important As Protection Of Environment; Projects Necessary For Country's Economic Development Can't Be Stalled : Supreme Court
While giving a go-ahead to the construction of railway overbridges in West Bengal as part of the Setu Bharatam project, the Supreme Court observed that protection of human life is also equally important as protecting the environment.
Bhima Koregaon Case : Supreme Court Adjourns Bail Applications Of Vernon Gonsalves & Arun Ferreira To Feb 21
The Supreme Court adjourned the hearing of the bail applications of Vernon Gonsalves and Arun Ferreira, both of whom have been lodged in jail since August 2018 after their arrest over alleged Naxal links in Bhima Koregaon case. The accused are facing charges under the Unlawful Activities (Prevention) Act, 1967.
Collegium Proposals | 'Make Sure What Is Expected Is Done, Concerned With Some Issues' : Supreme Court To Centre On Judges' Appointments
The Supreme Court said that it still has some concerns regarding the appointment of the judges and told the Central Government to "make sure what is expected is done".
'Why Are You Piggybacking Uber?' : Supreme Court Refuses To Allow Rapido's Intervention Plea, Asks It To Move Bombay HC
The bike-taxi aggregator, Roppen Transportation Services Pvt Ltd (Rapido), approached the Supreme Court of India in an intervention application in Uber's challenge to March 7, 2022 order of the Bombay High Court which directed that cab aggregators should comply with Motor Vehicle Aggregator Guidelines 2020.
How BCI Certified NLU Tripura If There Were No Buildings & Faculty? Supreme Court Baffled
The Supreme Court issued notice to the Bar Council of India in a plea seeking to quash directions passed by the National Law University, Tripura to cancel the admission process initiated for the Academic session 2022-23.
Supreme Court Directs Nagaland State Election Commission To Notify Local Body Polls With Women Quota Before March 14
The Supreme Court directed the Nagaland State Election Commission to notify local body elections and place before it the official notification by 14th March, 2023.
RTE Act : Supreme Court Issues Notice On PIL To Enforce 25% Reservation In Private Schools For Disadvantaged Students
The Supreme Court issued notice on a petition seeking the enforcement of Clause (c) of Sub-section (1) of Section 12 of the Right of Children to Free and Compulsory Education (RTE) Act, 2009, that requires non-minority private unaided schools to reserve at least twenty-five per cent of their entry-level seats for children belonging to disadvantaged sections of society.
'We Must Reach Out To Lawyers Without Internet Facilities' : CJI DY Chandrachud Says E-Seva Kendras Will Be Set Up In All Courts
Chief Justice of India DY Chandrachud stated in court that the E-Committee of the Supreme Court of India has entered into a Memorandum of Understanding (MoU) with the Common Service Centre Corporation (CSCC) under the government of India.
Article 170 Of Constitution Not Applicable To Legislatures Of Union Territories: Supreme Court In J&K Delimitation Case
The Supreme Court observed that Article 170 of the Constitution deals with only the State Legislature and thus has no application to the Legislatures of Union Territories.
'No Deputy Speaker In Lok Sabha & Some Assemblies' : Supreme Court Seeks Responses Of Union, States
The Supreme Court issued notice to the Union of India and five states in a PIL which highlighted that the elections for Deputy Speakers for Lok Sabha and for State legislatures of five states had not yet taken place.
While Upholding J&K Delimitation, Supreme Court Rejects Comparisons With Telangana/AP & North Eastern States
While upholding the delimitation exercise carried out in the Union Territory of Jammu and Kashmir, the Supreme Court has rejected the arguments raised by the petitioners on the basis of comparisons with the Telangana-Andhra Pradesh and North Eastern states.
Husband-and-Wife Life Convict Duo Applies for Parole to Undergo IVF, Supreme Court Directs Authorities to Consider Request ‘Sympathetically’
The Supreme Court of India allowed two life convicts, a husband-and-two duo, to be shifted from an open jail in Jaipur to a similar facility in Udaipur, in order to allow the 45-year-old woman to undergo medical treatment to conceive a child, besides urging the concerned authorities to consider their request for parole ‘sympathetically’.
While upholding the delimitation exercise in Jammu and Kashmir, the Supreme Court observed that the Parliament has the power to convert an existing state into a Union Territory.
Congress Leader Moves Supreme Court For Investigation Against Adani Group Based On Hindenburg Report; Seeks Probe Into SBI, LIC Investments
A writ petition has been filed in the Supreme Court seeking investigation against the Adani Group in the light of the report published by US-based short-seller Hindenburg Research which alleged that the ports-to-power conglomerate has inflated share prices of its companies through manipulations and malpractices.
Supreme Court Closes Petition Seeking To Ban 'Zoom' Software
The Supreme Court closed proceedings in a petition filed in 2020 seeking to ban the usage of the software application "Zoom" over security and privacy concerns.
No Listing Of 'After Notice Miscellaneous Matters' On Wednesdays & Thursdays In Supreme Court
Only regular hearing matters, apart from ten each transfer petitions and bail applications, will be heard on Wednesdays and Thursdays in the Supreme Court from now onwards.
Bank Wrongfully Keeps Lawyer's Name In Loan Defaulters List; Supreme Court Affirms Rs 5 Lakhs Compensation
The Supreme Court upheld the order of National Consumers Disputes Redressal Commission Directing Canara Bank to pay Rs. 5 lakhs to a lawyer, who was kept in the loan defaulter’s list as per CIBIL, for about 7.5 years after discharging his loan obligations.
Supreme Court Appoints Former Judge Nageswara Rao To Oversee Election Of Hyderabad Cricket Association
The Supreme Court appointed retired Supreme Court judge, Justice L. Nageswara Rao as a single-member committee to oversee the process of election of the Hyderabad Cricket Association.
Plea To Enforce Fundamental Duties : Supreme Court Displeased With States Which Haven't Filed Responses, Summons Secretaries
In a plea seeking enforcement of fundamental duties as enshrined in Part IV-A of the Constitution of India, the Supreme Court, expressed displeasure that the State Governments are not filing their counter affidavits within the time period stipulated by it.
States Should Follow NMC Standards While Setting Up Government Medical Colleges: Supreme Court
The Supreme Court observed that Bihar, Jharkhand and Uttar Pradesh are bound to adhere to the standards prescribed by the regulatory authority, National Medical Council such as infrastructural facilities, faculty etc. while setting up government medical colleges in the respective states.
Shiv Sena Rift | If Speaker Can Disqualify When Resolution For His Removal Is Pending, Would It Not Affect His Impartiality?Supreme Court Asks
A constitution bench of the Supreme Court commenced hearing the pleas concerning the constitutional issues arising out of the rift within Shiv Sena party between Eknath Shinde and Uddhav Thackeray groups. In the last hearing, the bench heard arguments on why the judgement in Nabam Rebia v. Deputy Speaker (2016) should be referred to a seven-judge bench of the Supreme Court.
Hindenburg Report : Supreme Court Agrees To Hear On February 17 Congress Leader's Plea For Probe Against Adani Group
The Supreme Court agreed to hear on February 17 the petition filed by Congress leader Dr Jaya Thakur seeking investigation against the Adani Group in the light of the report published by US-based short-seller Hindenburg Research which alleged that the ports-to-power conglomerate has inflated share prices of its companies through manipulations and malpractices.
Sarai Kale Khan Night Shelter Demolished: Supreme Court To Consider Question Of Rehabilitation
Taking note of the fact that the night shelters at Sarai Kale Khan, Delhi have been demolished under the orders of the Delhi Urban Shelter Improvement Board (DUSIB), the Supreme Court said that it will now consider the issue of rehabilitation.
Uddhav Thackeray vs Eknath Shinde : Why Supreme Court Said It's A Tough Constitutional Issue To Decide?
While hearing the case related to the rift within the Shiv Sena party, a Constitution Bench of the Supreme Court orally observed that one of the issues is a "tough constitutional issue to decide".
Plea Seeking Menstrual Leave : Supreme Court To Hear On February 24
The Supreme Court will hear on February 24 a Public Interest Litigation (PIL) seeking menstrual leave for female students and working women across India. The petition has been filed by Advocate Shailendra Mani Tripathi.
Karnataka Mining : Amicus Curiae Suggests Doing Away With Contribution To SPV From Iron Ore Sale Value
In the PIL regarding iron ore mining in certain districts of Karnataka, Senior Advocate Shyam Diwan, Amicus Curiae, told the Supreme Court that the Amicus was appointed in view of the "serious environmental dimensions" to the matter which are no longer involved as such, and that moving forward, it is the common consensus that the collection of 10% of the sale value from all the mining lessees towards the Special Purpose Vehicle for taking ameliorating and mitigating measures may no longer be needed.
Governor Should Not Enter Political Arena, Supreme Court Says While Hearing Shiv Sena Rift Case
The Supreme Court of India continued hearing the pleas concerning the constitutional issues arising out of the rift within Shiv Sena party between Eknath Shinde and Uddhav Thackeray groups.
Supreme Court: Justice Ajay Rastogi Shuts Virtual Hearing Link, Says Lawyers Misusing Facility
In an unusual development in the Supreme Court, a Bench of Justice Ajay Rastogi and Justice CT Ravikumar closed the virtual hearing link to Courtroom 6 after observing that lawyers are misusing the facility.
Supreme Court Directs IRDAI To Consider If Personal Accident Cover Can Include Persons Other Than Owner
The Supreme Court has directed the Insurance Regulatory Development Authority of India to consider whether claims by family members, friends, or such persons other than the registered owner driving or riding borrowed vehicles, could be the beneficiaries of personal accident cover, where the accidents could not be attributed to other ‘offending’ vehicles or the drivers’ own negligence, but other intervening circumstances.
Senior Designation: Supreme Court To Commence Hearing Of Plea Seeking Reforms On 22nd February, 2023
The Supreme Court indicated that it is to commence with the hearing of the petition filed by Senior Advocate Indira Jaising seeking reforms in the process of designation of Senior Advocate on 22nd Feb, 2023.
A Constitution Bench of the Supreme Court reserved judgment on whether the judgment delivered by a 5-judge bench in the case Nabam Rebia vs Deputy Speaker (2016) should be reconsidered by a larger bench.
Lakhimpur Kheri Case: Supreme Court Allows Accused, One Family Member Of Each Victim/Complainant To Attend Trial Proceedings
With a view to ensure that trial in the Lakhimpur Kheri case goes on smoothly, the Supreme Court of India has allowed the accused and one family member of each victim along with their lawyers to attend the court proceedings.
CJI DY Chandrachud Bats For Diversity In Arbitration Space, Says Legal System Has To Change From 'Old Boys' Club'
Chief Justice of India, Justice DY Chandrachud said that the arbitral space in India can do well to foster diversity in terms of source and experience and emphasized that a “gender diverse arbitral pool” would bring experiential learning to the entire process.
Shiv Sena Rift | Sibal Urges Supreme Court To Not Take 'Narrow View', Says 'Democratically Elected Govts Will Be Toppled In Future'
The issues in the case related to Shiv Sena rift, which led to the fall of the Maha Vikas Aghadi Government in Maharashtra, are not "academic" and have wide ramifications for the future of democracy in India, said Senior Advocate Kapil Sibal in the Supreme Court.
WhatsApp Not Valid Mode Of Service As Per SC Rules : Supreme Court Registrar
A Registrar Court at the Supreme Court said that service of notice on a party via instant messaging platform WhatsApp or e-mail is not valid.
Plea Seeking FEMA Exemption For OCIs Domiciled In India : Supreme Court Issues Notice
The Supreme Court sought the stand of the Centre and Reserve Bank of India in a plea seeking to exempt resident Overseas Citizens of India from the purview of the Foreign Exchange Management Act regulations.
"Will Take A Call On It" : CJI DY Chandrachud On Plea To List Article 370 Matter
Chief Justice of India DY Chandrachud said that he will take a call on listing the batch of petitions challenging the abrogation of the special status of Jammu and Kashmir under Article 370.
Numbers Of Students With Special Needs, Special Teachers : Supreme Court Seeks Details From State
The Supreme Court of India ordered the State governments to file an affidavit giving a list of details including the number of students with special needs and the number of teachers required.
'How Can CBI Investigate MLA Poaching Case When Allegations Are Against BJP? Centre Controls CBI’: Telangana Police To Supreme Court
The Telangana Police assailed the transfer of the investigation of the case pertaining to the alleged attempt to poach BRS MLAs to the Central Bureau of Investigation (CBI). Senior Advocate, Mr. Dushyant Dave appearing for the State Police told the Supreme Court that the allegations are against the members of the Bharatiya Janata Party (BJP) and hence transferring the matter to CBI would not serve the ends of justice as, he submitted, ‘the Central Government controls the CBI’.
Plea To Prevent Milk Adulteration : Supreme Court Issues Notice To FSSAI
The Supreme Court heard a contempt petition arising from the judgement of the Supreme Court in Swami Achyutanand Tirth v. Union of India in which directions were issued for the implementation of Food Safety and Standards Act 2006.
Adani-Hindenburg | 'We Can't Start With Presumption Of Regulatory Failure' : Supreme Court To Constitute Expert Committee
The Supreme Court said that it will pass orders to constitute an expert committee to review the regulatory mechanism in the light of the Adani-Hindenburg issue.
Supreme Court Stays Trial Against Arvind Kejriwal Over Alleged 'Khuda Believers Won't Be Pardoned If They Vote For BJP' Remark
In a temporary relief to Delhi Chief Minister Arvind Kejriwal, the Supreme Court stayed the trial proceedings in a 2014 case registered against him for allegedly saying "those who believe in 'Khuda' won't be pardoned by 'Khuda' if they vote for BJP" during an election campaign.
Sanjiv Bhatt Moves Supreme Court Challenging Gujarat HC Order Setting Timeline For Trial In Drug Planting Case
A Division Bench of the Supreme Court comprising Justice B.R. Gavai and Justice Manoj Misra, adjourned the hearing of the plea filed by former IPS officer Sanjiv Bhatt, assailing order of Gujarat High Court to complete the trial in the two-decade old drug seizure case within a stipulated time period. As per the Special Leave Petition, the order of the High Court has been impugned, inter alia, on the basis of the well settled principle that ‘justice hurried is justice buried’.
Union Govt Seeks Modification Of Senior Designation Guidelines; Says Point-Based System As Per SC Judgment Dilutes Honour Of Advocacy
The Union Government has filed an application in Senior Advocate Indira Jaising’s petition seeking reforms in the process of designation of Senior Advocate.
"It Is Not As If This Court Approved Of Adultery" : Supreme Court Clarifies 'Joseph Shine' Judgment That Declared Section 497 IPC Unconstitutional
It is not as if this Court approved of adultery, the Supreme Court observed in its order clarifying that its 2018 judgment striking down Section 497 IPC [Joseph Shine v. Union of India (2019) 3 SCC 39 ] will not impact court martial proceedings initiated against personnel serving the armed forces for adulterous conduct.
Election Commission Recognises Eknath Shinde Group As Official "Shiv Sena", Allows Them To Use "Bow & Arrow" Symbol
The Election Commission of India has recognised Eknath Shinde group as official "Shiv Sena", and allowed them to use official "Bow & Arrow" symbol and "Shiv Sena" name.
Actor Assault Case : Supreme Court Refuses To Interfere With Examination Of Witnesses, Seeks Progress Report On Trial
In the 2017 case related to abduction and sexual assault of a Kerala actor, the Supreme Court refused to pass any order to interfere with the examination of witnesses in the ongoing trial before the Court at Ernakulam.
Gautam Navlakha Withdraws Application In Supreme Court Seeking Transfer From Mumbai To Delhi
Gautam Navlakha, an accused in the Bhima Koregaon case withdrew his application filed in Supreme Court seeking permission to remain in house-arrest in Delhi instead of Mumbai. When the matter was called up first, an advocate assisting Solicitor General Tushar Mehta sought a pass over.
Shiv Sena Rift : Why Election Commission Allowed Eknath Shinde To Retain Official Name & Symbol? Read Reasons
The Election Commission of India (ECI) has recognised Eknath Shinde group as official "Shiv Sena", allowing them to use the official "Bow & Arrow" symbol and "Shiv Sena" name. The Uddhav Thackeray faction has been allowed to use the name "Shiv Sena (Uddhav Balasaheb Thackeray)" and the symbol of "flaming torch" for the upcoming bye-elections in Maharashtra assembly.
Shiv Sena Rift | Inner Party Democracy Must Be Promoted: Election Commission Of India
The Election Commission of India (ECI) has recognised Eknath Shinde group as official "Shiv Sena", and allowed them to use official "Bow & Arrow" symbol and the "Shiv Sena" name. While applying the tests laid down in the 1971 Supreme Court judgment in Sadiq Ali v. Election Commission of India, the ECI noted that there was a "democratic deficit" in the amended Party Constitution of Shiv Sena and the process of its amendments and its workings.
Plea On Removal Of Mosque From Allahabad HC Premises : Supreme Court To Hear In March
The Supreme Court adjourned the hearing in a plea against a 2017 ruling by the Allahabad High Court, directing the removal of a mosque called Waqf Masjid High Court from its premises for encroachment.
Supreme Court Disapproves Of Uttarakhand High Court Approach In Disposing Matters In Same Format
The Supreme Court strongly disapproved of the practice of disposing of various criminal writ petitions by passing same-format orders, saying, “This approach of the High Court only burdens this court, and we thus cannot commend on the manner of disposal of the petitions in this manner.”
Present Model Of Appointing Judges Is Near Perfect : Former CJI UU Lalit Defends Collegium System
Former Chief Justice of India Uday Umesh Lalit opined that there is no better system available at present to appoint judges than the existing collegium system.
'Lawyers Losing Independence To Speak About Law A Serious Issue' : Aditya Sondhi Raises Concerns About Bar Becoming Pliant
Senior Advocate Aditya Sondhi expressed concerns about the impression which is gaining among the members of the bar that they have to be aligned in a particular political way to be considered for judgeship.
If Govt Is Interfering, Judiciary Has To Strike Back : Senior Advocate Dushyant Dave
Senior Advocate Dushyant Dave, speaking at a seminar organized by Campaign for Judicial Accountability and Reforms (CJAR), raised concerns about increasing executive interferences in judicial appointments and urged the judiciary to assert its independence.
Senior Designation : SCBA Suggests Deletion Of Points For Publications & Interview; Opposes Union Govt's Intervention
The Supreme Court Bar Association has filed an application in the Supreme Court seeking deletion of certain conditions in the points system introduced by the Supreme for conferring senior designations.
Theocratic Judges Who Find Source Of Law In Religion Than Constitution Have Sharply Increased: Dr Mohan Gopal
Renowned legal academician Dr Mohan Gopal delivered a speech at a seminar organized by the Campaign for Judicial Accountability and Reforms (CJAR) on "Executive Interference in Judicial Appointments." In his speech, Dr. Gopal raised concerns about the appointment of judges with political bias . He urged the collegium to protect the institution by consciously appointing judges committed to the Constitution alone.
‘Victoria Gowri Case Prime Example Of What Can Happen When Process Collapses’: Justice AP Shah On Need For Transparent & Accountable Collegium
Speaking at the Seminar on Judicial Appointments and Reforms, organised by the Campaign for Judicial Accountability and Reforms (CJAR), Justice Ajit Prakash Shah, former Chief Justice of the Delhi High Court expressed his opinion about the controversial appointment of Justice Victoria Gowri as Additional Judge of the Madras High Court.
Tamil Nadu Govt Files Suit In Supreme Court Challenging NEET; Says It Is Arbitrary & Violative Of Federalism
The State of Tamil Nadu has filed an original suit in the Supreme Court under Article 131 of the Constitution of India against the Union of India challenging the provisions of law which prescribe National Eligibility cum Entrance Examination (NEET) as the condition for medical admissions.
We Can't Have Independent Judiciary If Judges Look For Post-Retirement Appointments : Ex-SC Judge Deepak Gupta
While speaking on the issue of building a transparent and accountable collegium, at the Seminar on Judicial Appointments and Reforms, organised by the Campaign for Judicial Accountability and Reforms (CJAR), Justice Deepak Gupta, former Judge of the Supreme Court, expressed his views on how judicial independence is compromised by post-retirement benefits.
‘Collegium Can Reconsider Its Recommendation On Genuine & Honest Grounds’: Former Supreme Court Judge Indira Banerjee
There is no reason why the recommendations of a collegium cannot be reconsidered, if, on the basis of material on record, it has doubts regarding the correctness of the decision, said former Supreme Court judge, Indira Banerjee.
Important To Hold Govt Accountable For Its Inaction On Collegium Proposals : Former Judge Madan B Lokur
Speaking on the issue of building a transparent and accountable collegium, at the Seminar on Judicial Appointments and Reforms, organised by the Campaign for Judicial Accountability and Reforms (CJAR), Justice Madan Lokur, former Judge of the Supreme Court expressed strong opinion on holding the Government accountable for its role in the process of judicial appointment.
Collegium Is Performing An Administrative Function, So Its Decisions Can't Be Beyond Judicial Review : R Vaigai
While speaking on the issue of building a transparent and accountable collegium, Ms. R. Vaigai, Senior Advocate at the Madras High Court, disagreed with the recent Supreme Court judgment in the Victoria Gowri case which held that collegium decisions are beyond judicial review.
Collegium Should Have Permanent Secretariat, Candidates Bank : Ex-SC Judge Indira Banerjee Suggests Reforms
Judges have to remember their oath of discharging their duties without fear, favour, affection, or ill will, even when discharging administrative duties, such as nominating judges or prospective judges for appointment or elevation to constitutional courts, said former Supreme Court judge, Indira Banerjee.
Supreme Court Issues Notice In Plea Seeking Carrying Capacity Studies For Himachal States
Supreme Court bench comprising Chief Justice DY Chandrachud, Justice PS Narasimha, and Justice JB Pardiwala issued notice in a petition seeking for Carrying Capacity studies to be conducted in 13 Himachal States/UTs.
'Bar Association Obstructing Legal Aid Defence Counsel System' : Public Defenders' Plea In Supreme Court
Amid strikes in Rajasthan’s Bharatpur led by a local ‘Bar Association Committee’ and a ‘Bar Sangharsh Samiti’ against the National Legal Services Authority’s ‘Legal Aid Defence Counsel Scheme’, a number of public defenders in the district have alleged that the district bar associations and its office-bearers have been illegally restraining them from discharging their duties.
Adani- Hindenburg : Supreme Court Refuses To Take On Record Forbes Report
In the Adani-Hindenburg issue, the Supreme Court refused to take on record a report published by Forbes about share dealings of the Gautam Adani group.
Uddhav Thackeray Faction Moves Supreme Court Challenging ECI Order Recognising Eknath Shinde As Official 'Shiv Sena'
The Uddhav Thackeray faction has approached the Supreme Court challenging the decision of the Election Commission of India which recognized Eknath Shinde faction as the official Shiv Sena.
Godhra Train Burning Case Convicts Not Eligible For Premature Release As Per State's Policy : Gujarat Govt Tells Supreme Court
The Supreme Court considered the bail applications filed by the convicts in the 2002 Godhra train burning case. Appearing for the State of Gujarat, Solicitor General of India Tushar Mehta submitted that the cases of convicts could not be considered for premature release under the State of Gujarat's policy as TADA provisions had been invoked against them.
Hate Speech Case | Investigation Over Hindu Yuva Vahini Event In Advanced Stage, Delhi Police Tell Supreme Court
The Delhi Police informed the Supreme Court that the investigation in the hate speech case over the Hindu Yuva Vahini event organised under the leadership of Sudarshan News TV editor Suresh Chavhanke in Delhi in December 2021 had reached an advanced stage.
Supreme Court Dismisses Plea To Raise Age Of Marriage For Women As 21 Years, Says It's For Parliament To Decide
The Supreme Court refused to entertain a petition filed by Advocate Ashwini Upadhyay seeking uniform age of marriage for men and women. The petition was listed before a bench comprising Chief Justice DY Chandrachud, Justice PS Narasimha, and Justice JB Pardiwala.
Supreme Court Imposes Costs On Sanjiv Bhatt For Challenging HC Direction Setting Deadline For Trial In Drug Seizure Case
The Supreme Court dismissed a petition filed by former IPS officer Sanjiv Bhatt challenging a Gujarat High Court order which set a deadline for the trial in an alleged drug planting case in which he is an accused. The High Court has directed the trial to be competed by March 31, 2023.
'We're Here To Do A Constitutional Duty, Not To Please Anyone' : CJI DY Chandrachud
We are here to do a constitutional duty and not to please you or anyone", Chief Justice of India DY Chandrachud told PIL petitioner Advocate Ashwini Upadhyay, while dismissing a petition filed by him seeking uniform age of marriage for men and women.
'ECI Acted With Bias & Unfairness' : Uddhav Thackeray In Plea Before Supreme Court Challenging Decision To Recognise Eknath Shinde Group
In yet another development in Maharashtra's Political Crisis, the Uddhav Thackeray faction has approached the Supreme Court of India challenging the decision of the Election Commission which recognized the Eknath Shinde faction as the official Shiv Sena.
UPSC Civil Services Exam : Supreme Court Dismisses Plea Seeking Extra Attempt, Says ‘Let Govt Take a Call’
A division bench of the Supreme Court of India dismissed a plea by civil services aspirants for a compensatory attempt to clear the Union Public Service Commission examination. The preliminary examination is scheduled to be held in May this year, while the main examination will be held later in September.
‘Remove Hate From The Mind, Don't Belittle Our Great Civilization : Supreme Court
In a batch of petitions seeking directions to regulate hate speech, the Supreme Court indicated that not everything said would amount to hate speech. The invocation of Section 153A would largely depend on the interpretation of the provision by the Supreme Court.
Supreme Court Dismisses Ex-AAP Councillor Tahir Hussain's Plea Challenging Money Laundering Charges
The Supreme Court refused to interfere in an SLP moved by ex-MCD councillor and AAP leader Tahir Hussain seeking relief in a money laundering case.
False Claim About Educational Qualification In Election Affidavit Not 'Corrupt Practice' As Per RP Act : Supreme Court
The Supreme Court observed that in India, no one votes on the basis of education qualification and therefore providing false information regarding education qualification of an election candidate can not be termed as a ‘corrupt practice’ within the meaning of Section 123(2) and Section 123(4) of the Representation of People’s Act, 1951.
Supreme Court Refuses To Stay HC Order Suspending Lakshadweep MP Mohammed Faizal's Conviction
The Supreme Court issued notice in a plea filed by Union Territory of Lakshadweep challenging the order of Kerala High Court which suspended the conviction and sentence of Member of Parliament Mohammed Faizal in an attempt to murder case. Two petitions have been filed before the Supreme Court, one by the prosecuting agency and the other by the original complainant. Notices were issued in both the Special Leave Petitions.
Kaali Poster Row : Supreme Court Extends Interim Protection To Filmmaker Leena Manimekalai
The Supreme Court of India directed the state governments to file counter affidavits in the matter concerning multiple FIRs registered against filmmaker Leena Manimekalai in various states over the poster of her documentary titled "Kaali".
'Not For Court To Decide' : Supreme Court On Plea Seeking Uniform Personal Laws
The Supreme Court adjourned a batch of Public Interest Litigations seeking uniformity in the personal laws regulating marriage divorce, maintenance, and alimony for Indian citizens by four weeks. The batch was listed before a bench comprising Chief Justice DY Chandrachud, Justice PS Narasimha, and Justice JB Pardiwala.
Supreme Court Refuses To Initiate Contempt Proceedings Over Demolition Of 500-Year Old Sikh Mutt Near Puri Jagannath Temple
The Supreme Court of India refused to initiate contempt proceedings in a case pertaining to demolition of the centuries old Mangu Mutt near Puri Jagannath Temple in Odisha, believed to have been visited by Guru Nanak 500 years ago.
Supreme Court Seeks Centre's Response On PIL Seeking Prevention Of Forced Hysterectomies
The Supreme Court of India directed the Union of India to file a reply in a PIL highlighting the issue of alleged illegal and forced hysterectomies conducted on women from marginalised communities in the States of Bihar, Chattisgarh, and Rajasthan.
Shiv Sena Rift : Supreme Court Agrees To Hear Uddhav Thackeray's Petition Against ECI Decision
The Supreme Court agreed to hear the petition filed by Uddhav Thackeray challenging the decision of Election Commission of India to recognize Eknath Shinde group as the official Shiv Sena.
Supreme Court Utilises AI To Make Live Transcriptions Of Its Hearings
For the first time, the Supreme Court of India is set to utilize Artificial Intelligence (AI) and technology powered by Natural Language Processing to provide live transcriptions of its hearings. The live transcription service has been launched on a trial basis in the courtroom of Chief Justice of India DY Chandrachud, who is presiding over a Constitution Bench dealing with a case concerning the Maharashtra Political Crisis.
Disability Rights : Supreme Court Invites Suggestions From Persons With Disability & Rights Activists On Improving Accessibility
The official website of the Supreme Court of India now displays questionnaires on Accessibility.
Can Period Of Parole Granted On Account Of COVID-19 Be Counted As Part Of Actual Sentence? Supreme Court To Consier
The Supreme Court will hear an application by a convict seeking the consideration of parole granted during the COVID-19 pandemic as part of their actual sentence period on March 17.
Shiv Sena Case | Approving Shinde Faction Will Enable Future Bulk Defections, Any Govt Can Be Toppled : Kapil Sibal In Supreme Court
A constitution bench of the Supreme Court heard the pleas concerning the constitutional issues arising out of the rift within Shiv Sena party between Eknath Shinde and Uddhav Thackeray groups on merits.
Supreme Court Grants Interim Protection To Assam MLA Akhil Gogoi In UAPA FIR
The Supreme Court sought a response from the National Investigation Agency with respect to an appeal filed by activist turned politician Akhil Gogoi against the Gauhati High Court’s decision to set aside a discharge order in connection with offences under the Unlawful Activities (Prevention) Act, 1967.
RSS Route March : Tamil Nadu Government Approaches Supreme Court Against HC Order Lifting Conditions
The Tamil Nadu Government has approached the Supreme Court challenging the order of the Division Bench of the Madras High Court, which set aside conditions imposed by the Single Judge on the route march sought to be carried out by the Rashtriya Swayamsevak Sangh (RSS) in the State.
Shiv Sena Case | What Is The Ultimate Relief Court Can Grant? Supreme Court Asks Thackeray Faction
Senior Advocate Kapil Sibal, appearing for the Uddhav Thackeray faction opened the arguments and submitted that if the court upholds the Eknath Shinde faction as the official Shiv Sena, it could be a precedent for toppling down any government. The bench inquired what relief could be ultimately granted to the Thackeray faction.
Reforms And Initiatives Mark The First 100 Days Of 50th Chief Justice Of India, Dr Justice Dhananjaya Y Chandrachud
Supreme Court of India has witnessed several new initiatives in the first hundred days of the dynamic leadership of Hon’ble the Chief Justice of India, Dr Justice Dhananjaya Y Chandrachud.
Order Allowing Couple To Adopt Not Meant To Supplant CARA Process : Supreme Court Clarifies In Unmarried Student's Abortion Case
The Supreme Court has issued a clarification with respect to the order passed by it in a petition filed by an unmarried woman seeking termination of pregnancy. After the AIIMS reported that there was high probability of the baby coming out alive if the 29-week pregnancy was attempted to be terminated, the Court had persuaded the woman to opt for delivery. The woman, a 21-year old student, expressed difficulty in keeping the child.
Hijab Case : CJI DY Chandrachud To Take A Call On Urgent Listing To Consider Muslim Students' Plea To Attend Exams In Govt Colleges
Chief Justice of India DY Chandrachud said that he will take a call on listing the Hijab case from Karnataka to consider the plea made by the Muslim girls seeking interim relief to allow them to attend exams in the government colleges.
'Can State Be Directed to Consider Degree Holders When Recruitment Rules for Govt Post Say Only Diploma Holders Eligible? SC Issues Notice
The Supreme Court issued notice in a special leave petition against the Bombay High Court refusing to direct degree holders in civil engineering to be considered as eligible for the post of junior engineer in a government department that sought applications from candidates having a diploma in the subject or any equivalent qualification.
'You Have Liberty To Criticise Everybody Under The Sun, We As Judges Have To Follow Discipline' : CJI DY Chandrachud To Dushyant Dave
The listing of the cases related to cash-for-jobs scam from Tamil Nadu has become a subject matter of controversy in the Supreme Court.
Supreme Court Grants Pre-Arrest Bail To Maulvi From Gujarat In Forced Religious Conversion Case
The Supreme Court granted bail to an Islamic scholar and maulvi from Gujarat, accused of forcefully converting 37 Hindu families and 100 Hindus.
'Shameful, Nothing To Do With Christ's Teachings' : Supreme Court On Dispute Between Christian Groups
The Supreme Court expressed disquiet at the dispute between two Christian communities - London Missionary Society (LMS) and the CSI group of Christians.
Shiv Sena Case : Supreme Court Issues Notice On Uddhav's Plea Against ECI Order, Refuses To Restrain Shinde Group Taking Over Offices & Accounts
The Supreme Court issued notice on a petition filed by Uddhav Thackeray challenging the decision of the Election Commission of India which recognized Eknath Shinde faction as the official Shiv Sena.
Supreme Court Grants Bail To Man Accused By UP ATS Of "Waging War Against India" Through Illegal Conversions
The Supreme Court granted bail to an accused named Irfan Shaikh who was arrested by the Anti-Terrorist Squad of the Uttar Pradesh police over allegations of illegally converting persons to Islam.
In A Historic First, Supreme Court Officially Publishes Transcript Of Arguments
The Supreme Court has officially published the transcript of arguments before the Constitution Bench in the Shiv Sena matter.
Shiv Sena Crisis | Legislative Party Cannot Act Independent Of Political Party: Thackeray Faction To Supreme Court
Senior Advocate Kapil Sibal, representing the Uddhav Thackeray faction argued that members of the legislative assembly could not act independent of their political party.
Can State Human Rights Commission Examine Medical Negligence Case When NHRC Has Dismissed Same Complaint? Supreme Court To Consider
The Supreme Court has agreed to consider whether the State Human Rights Commission has the power to examine a case of criminal medical negligence when a contrary view was taken by the National Human Rights Commission.
Shiv Sena Case | How Can We Take Over Speaker's Functions? Supreme Court To Uddhav Side
The Constitution bench of the Supreme Court of India, while hearing the pleas concerning the Maharashtra Political Crisis expressed its concern over the court entering into the functioning of the speaker.
Have Theatres Passed On Benefit Of Entertainment Tax Exemption To Cinema Goers? Supreme Court Asks HC To Decide
The Supreme Court remitted back a matter to the Telangana High Court to consider whether private theatre owners who availed an exemption to pay entertainment tax in the State have granted the benefit to the movie goers or not.
CJI DY Chandrachud Launches "Neutral Citations" For All Supreme Court Judgements
CJI DY Chandrachud announced that all Supreme Court judgements will be having "neutral citations".
Comply With Directions To Install CCTVs In Police Stations : Supreme Court Gives Warning To Centre, States
The Supreme Court has directed the Centre, States and Union Territories to show the status of compliance with respect to its December 2020 order to install CCTV cameras in all police stations and offices of investigative agencies, such as the Central Bureau of Investigation, the Directorate of Enforcement, and the National Investigation Agency, that conduct investigations and have the power of arrest.
Karnataka Mining : Supreme Court Allows NMDC To Reclaim Half Of Contribution Made To KMERC From 2019
In the PIL regarding iron ore mining in certain districts of Karnataka, the Supreme Court has passed an interim order allowing central government undertaking National Mineral Development Corporation (NMDC) to reclaim half of the contribution made to Karnataka Mining Environment Restoration Corporation (KMERC) from 2019.
Congress Spokesperson Pawan Khera's Arrest Mentioned In Supreme Court; CJI Agrees To Hear At 3 PM
Chief Justice of India DY Chandrachud agreed to hear at 3 PM a petition filed in relation to the arrest of Congress spokesperson Pawan Khera at the Delhi airport, after an urgent mentioning was made by Senior Advocate Dr Abhishek Manu Singvhi.
Supreme Court Allows Interim Bail To Congress Spokesperson Pawan Khera In FIR Over Comment Against PM
The Supreme Court granted interim relief to Congress spokesperson Pawan Khera who was arrested by Assam police from Delhi airport over his comment about Prime Minister Narendra Modi.
Shiv Sena Crisis | 'I Stand Here Not Just For This Case, But For Protection Of Constitutional Processes' : Sr Adv Kapil Sibal To Supreme Court
Senior Advocate Kapil Sibal, appearing for the Uddhav Thackeray faction, argued that the governor's actions in the political crisis have been unconstitutional.
'Not Going To Issue Any Injunction Ever Against Media' : Supreme Court Rejects Plea To Gag Media From Reporting Adani-Hindenburg Issue
The Supreme Court rejected a plea made by Adv ML Sharma to gag the media from reporting on Adani-Hindenburg issue till the court pronounces the order.
Supreme Court Refuses To Entertain Plea Seeking Menstrual Leave, Says Matter Falls In Policy Domain
The Supreme Court refused to entertain a PIL seeking menstrual leave for female students and working women across India stating that the matter fell within the domain of policy.
Mumbai-Ahmedabad Bullet Train Project | Supreme Court Refuses To Entertain Appeal Against Acquisition Of Godrej & Boyce's Plot
The Supreme Court refused to entertain an appeal filed by Godrej & Boyce against the Bombay High Court order which refused to set aside the acquisition of Godrej & Boyce Manufacturing Co. Ltd's plot at Vikhroli for the Mumbai-Ahmedabad bullet train project.
'Affects Independence Of District Judiciary' : Supreme Court Stays HC Order Asking Trial Court To Give Explanation For Granting Bail
The Supreme Court stayed an order issued by the Madhya Pradesh High Court, which had directed a trial court judge to provide justification for granting bail to an accused.
'Courts Are Also Public Places, But We Are Turning Them Into Fortresses' : Supreme Court Says Balanced Approach Needed For Security
The Supreme Court verbally observed that the courts cannot be turned into "fortresses" in the name of enhancing security. There should be a balance struck between the concept of open court system, which allows public to have access to court proceedings, and security concerns.
GPF Accounts Of 7 Patna HC Judges Closed?Supreme Court Seeks Centre’s Response
The Supreme Court heard a plea filed by seven judges of the Patna High Court claiming that their General Provident Fund accounts have been closed.
Supreme Court Dismisses PIL Seeking Removal of Statue of Manu in Rajasthan High Court
The Supreme Court refused to entertain a public interest litigation petition that sought the removal of statue of Manu, a mythological figure and lawmaker in Hinduism, holding the Manusmriti in hand, from the campus of the Rajasthan High Court in Jaipur.
Domestic Violence Act : Supreme Court Asks Union To Hold Meeting With States/UTs To Address Inadequacy Of Protection Officers
The Supreme Court directed the Secretary of the Union Ministry of Women and Child Development to convene a meeting with the Principal Secretaries of all States and Union Territories to, inter alia, look into the issue of inadequacy of Protection Officers under the Protection of Women from Domestic Violence Act, 2005.
Supreme Court Refuses To Entertain Suvendu Adhikari's Plea Challenging Speaker's Decision To Not Disqualify Mukul Roy, Allows Him To Approach HC
The Supreme Court dismissed as withdrawn a plea moved by the Leader of Opposition in West Bengal Legislative Assembly, Suvendu Adhikari, challenging a decision of the West Bengal Assembly Speaker Biman Banerjee's assembly to not disqualify MLA Mukul Roy.
Shiv Sena Crisis : Will Uddhav Thackeray's Decision To Resign Before Floor Test Become Crucial In Supreme Court Case?
Will the decision taken by the Uddhav Thackeray to resign on June 29, 2022, as the Chief Minister of Maharashtra before facing the floor test scheduled on the next day have any impact in the ongoing cases before the Supreme Court?
Supreme Court Asks Centre To Inform Steps Taken To Stop Manual Scavenging, Abolish Dry Latrines
The Supreme Court has directed the Union of India to place on record the steps taken by it to prevent the employment of manual scavengers as per the Prohibition of Employment as Manual Scavengers and Their Rehabilitation Act 2013.
Supreme Court Issues Contempt Notice To Bar Association Office Bearers On Plea Alleging Obstruction Of Legal Aid Defence Counsel
The Supreme Court has issued notice to the office bearers of the Bar Association Committee, Bharatpur, Rajasthan, in a contempt petition filed over alleged obstruction of the work of legal aid defence counsel appointed by the Legal Services Authority.
Petitions Against ED Director's Tenure Motivated By Personal Interests Of Congress Leaders Facing Investigation: Central Government To Supreme Court
The Central government has filed a counter affidavit in the Supreme Court of India in the petition against the extension of tenure of the Director of Enforcement Directorate (ED) Sanjay Kumar Mishra. As per the counter affidavit, the writ petition in question, although has been styled as a Public Interest Litigation, is motivated by personal interest of the President and office bearers of the Indian National Congress (INC) party.
Transfer Of Criminal Case From One State To Another Implicitly Reflect On Credibility Of State Judiciary & Prosecution Agency : Supreme Court
The Supreme Court has observed that transfer of trial from one case to another state has to be ordered only in exceptional circumstances, as it might result in an adverse reflection upon the credibility of the State judiciary and prosecution agency.
Judicial Officer Suppresses Criminal Case In Application Form; Supreme Court Upholds Termination, Says Subsequent Closure Of Case Irrelevant
The Supreme Court upheld the termination of services of a judicial officer for suppressing the pendency of a criminal case at the time of making application.
Supreme Court Stays Laying Of Paver Blocks In Matheran, Says It'll Destroy City's Natural Beauty
The Supreme Court of India issued a stay on the laying of concrete paver blocks in the eco-sensitive zone (ESZ) of Matheran, the only pedestrian hill station in Asia, until the appropriate monitoring constituted by virtue of a 2003 notification by the Ministry of Environment and Forests took a call on the issue within eight weeks.
