Taj Trapezium Matter : Supreme Court Allows More Flights To Agra, Removes Restriction On Increasing Air Traffic

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. In...

Right to Die: Supreme Court Makes It Easier For Persons To Opt For Passive Euthanasia; Simplifies 2018 Guidelines On Living Will/Advance Directive

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. The modification order was passed by...

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.The Court also directed that the police should act as per the mandate of Section 151 CrPC, if arrests are...

Centre vs Collegium : Supreme Court Says 'Attacks' On Judiciary Doesn't Bother It Beyond A Stage

The Supreme Court, on Friday, 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’.A Bench comprising Justice S.K. Kaul and Justice A.S. Oka reckoned that the concerned authorities attacking judiciary should decide for themselves what is appropriate comment...

Supreme Court Monthly Digest- January 2023

Supreme Court Monthly Digest- January 2023 With Nominal And Statute/Subject Wise Index (Citations 1 to 67)SUBJECT WISE INDEXAdministrative LawAdministrative Law – Well established principle of - An adjudicatory body cannot base its decision on any material unless the person against whom it is sought to be utilised has been apprised of it and given an opportunity to respond to it. [Para...

AIADMK Rift : Supreme Court Allows OPS & Other Expelled Members To Participate In General Council Meet To Select By-Poll Candidate

The Supreme Court on Friday 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. A Bench of Justices Dinesh Maheshwari and Hrishikesh Roy passed the interim directions today. Considering the fact...

Transfer Of Property Act - Encroacher Cannot Claim Benefit Of Section 51 : Supreme Court

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.Where the owner of the land filed suit for recovery of possession of his land from the encroacher and once he establishes his title, merely because some structures are erected by the opposite party ignoring the objection, that too without any bona...

Supreme Court Refuses To Entertain Plea Against Govt Managing Temple Properties

The Supreme Court, on Friday, 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".“We are unimpressed by the nature of prayers made and the averments and that is put to the Ld. Counsel that in...

Centre vs Collegium : Supreme Court Warns Centre May Face 'Unpalatable' Action If Transfer Proposals Are Not Approved Soon

The Supreme Court, on Friday, 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. On the last date of hearing, the same concern was echoed by the Bench...

S.153A Income Tax Act| Can Assessments Be Reopened If No Incriminating Material Is Found During Search? Supreme Court Reserves Judgment

The Supreme Court on Thursday 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...

Adani-Hindenburg Issue : PIL In Supreme Court Seeks To Declare 'Short Selling' As Offence Of Fraud, Probe Against Nathan Anderson

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 petition filed by serial litigant Advocate ML Sharma seeks to declare 'short-selling' as the offence of fraud. He seeks investigation against Nathan Anderson, the founder of...

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 on Friday refused to entertain a petition seeking to declare the land in Ayodhya where Ram Mandir is being built, as 'Ayodhya Buddha Vihar'. The petition came three years after a five-judge Constitution bench of the Supreme Court had given its verdict in the Ayodhya dispute. The court had, in November...