Supreme Court

Understand the legal and financial implications before gifting property

A registered gift deed transfers property ownership permanently and cannot be revoked unilaterally, unless specifically stated-donors and donees must plan with caution

Freedom of speech being abused over objectionable cartoons on PM, RSS: SC

The Supreme Court on Monday said the right of freedom of speech and expression was being "abused" while hearing the plea of a cartoonist accused of sharing alleged objectionable cartoons of Prime Minister Narendra Modi and RSS workers on social media. "Why do you do all this?" a bench of Justices Sudhanshu Dhulia and Aravind Kumar asked the counsel of cartoonist Hemant Malviya, who sought anticipatory bail in the matter. Advocate Vrinda Grover, representing Malviya, said the matter was over a cartoon made in 2021 during the Covid-19 pandemic. "It may be unpalatable. Let me say it is in poor taste. Let me go to that extent. But is it an offence? My lords have said, it can be offensive but it is not an offence. I am simply on law. I am not trying to justify anything," she said. Grover agreed to delete the post made by Malviya. "Whatever we may do with this case, but this is definitely the case that the freedom of speech and expression is being abused," Justice Dhulia ...

Centre opposes Kerala's stand in SC to withdraw case against Governor

The Supreme Court on Monday adjourned to July 25 the pleas of the Kerala government against Governor over the delay in approving bills passed by the state assembly. A bench of Justices P S Narasimha and A S Chandurkar deferred the matter after attorney general R Venkataramani sought time. Senior advocate K K Venugopal, appearing for the Kerala government, sought to withdraw the plea saying that the issue had become infructuous in view of the recent judgment passed in the Tamil Nadu Governor case. Venkataramani and solicitor general Tushar Mehta opposed the submission and urged the court to await the top court's decision on the reference of President under Article 143 of the Constitution over the grant of assent to bills. Mehta said the Kerala government's petition could also be referred to be tagged along with the presidential reference. Calling it strange , Venugopal asked how could his plea be opposed. "Why my lords are hesitant for the state to withdraw the petition? There has

Shiv Sena symbol row: SC to hear Uddhav Thackeray faction plea in Aug

The Supreme Court on Monday set August to hear a plea of Uddhav Thackeray-led faction against the Maharashtra assembly speaker's decision to give the "bow and arrow" party symbol to the Eknath Shinde-led Shiv Sena faction. A bench of Justices Surya Kant and Joymalya Bagchi said the issue had been pending for long and the uncertainty cannot be allowed to continue. "We will be fixing the matter in August for final disposal of the main case," the bench told senior advocate Kapil Sibal, appearing for the Uddhav faction. Sibal said they wanted an expeditious disposal of the case in view of the local body elections in the state. Senior advocate Neeraj Kishan Kaul, appearing for the Shinde faction, said the court had previously refused an urgent hearing on the issue. Sibal said the assembly speaker's decision to hand over the symbol to the opposite party in 2023 based on the legislative majority was contrary to a Constitution bench verdict of the top court. Justice Kant then said, "We w

Nothing much govt can do: Centre to SC on Kerala nurse's execution in Yemen

The Centre told the Supreme Court it has limited diplomatic leverage in Yemen, where Kerala nurse Nimisha Priya is set to be executed on July 16; efforts for private negotiations are ongoing

SC defers hearing of music composer Ilaiyaraaja's plea to July 18

The Supreme Court on Monday deferred to July 18 the hearing on a plea of legendary music composer Ilaiyaraaja seeking to transfer a copyright dispute involving over 500 of his musical compositions from the Bombay High Court to the Madras High Court. The plea was listed on Monday before a bench comprising Justices K Vinod Chandran and NV Anjaria. The legal case started from a lawsuit initiated by Sony Music Entertainment India in 2022 before the Bombay High Court. Sony has sought an injunction to restrain Ilaiyaraaja Music N Management Pvt Ltd (IMMPL) from using 536 musical works. The company claims it acquired rights to these works through Oriental Records and Echo Recording, the entity with which Ilaiyaraaja has long been embroiled in litigation. The IMMPL, however, alleged that 310 of the 536 disputed works are already under judicial scrutiny in a parallel case before the Madras High Court. That case, originally filed by Ilaiyaraaja in 2014 against Echo Recording, challenges the

SC agrees to hear plea against HC order staying release of Udaipur Files

The Supreme Court on Monday agreed to hear a plea challenging the Delhi High Court's decision to stay the release of the film 'Udaipur Files: Kanhaiya Lal tailor murder', which was scheduled to hit the screens on July 11. After the counsel appearing for the producers sought urgent listing of the plea saying that the film's release was stayed despite the censor board certification, a bench of Justices Surya Kant and Joymalya Bagchi said it would hear it on Wednesday or any day thereafter. The counsel contended that the apex court had refused urgent listing of the plea seeking a stay on the film's release but the high court interfered and stayed it on July 10. "We have spent money on the movie and obtained CBFC certification, but despite that the high court stayed its release. This is a violation of our rights," the counsel contended and sought urgent listing of the plea on Tuesday. The bench said it would hear the plea on Wednesday or any day thereafter. On July 10, the Delhi High

SC dismisses plea challenging order confirming extension of ban on SIMI

The Supreme Court on Monday refused to entertain a plea challenging an order of a judicial tribunal which confirmed the five-year extension of ban imposed on the Students Islamic Movement of India (SIMI). A bench of Justices Vikram Nath and Sandeep Mehta dismissed the plea challenging the tribunal's July 24, 2024 order. The tribunal was constituted under the Unlawful Activities (Prevention) Act, 1967 after the Centre had on January 29, 2024 decided to extend the ban on SIMI for five years. The SIMI was first declared outlawed in 2001 during the Atal Bihari Vajpayee government and since then the ban has been extended periodically. The SIMI was established on April 25, 1977 in Aligarh Muslim University as a front organisation of youth and students, having faith in Jamait-e-Islami-Hind (JEIH). However, the organisation declared itself independent in 1993 through a resolution.

Exclusion errors: ECI must ensure genuine voters are not left out

Ever since it was set up, and without a definitive proof of citizenship issued under the Citizenship Act, the ECI has done a commendable job in preparing inclusive electoral rolls

Senior Advocate Dushyant Dave retires from legal profession after 48 years

After 48 years in law, senior advocate Dushyant Dave announces his retirement, citing a desire to pursue his passions and contribute to society

Ex-CJIs raise concerns on ONOE Bill, but back its constitutionality

Former chief justices of India, J S Khehar and D Y Chandrachud, are interacting on Friday with the parliamentary committee scrutinising the simultaneous election bill as it held its eighth sitting. Sources said both jurists are of the view that the concept of 'one nation one election' is not violative of the basic structure of the Constitution but have questioned the extent of power vested with the Election Commission in the proposed law. They have also made certain suggestions while throwing light on the journey of parliamentary system of democracy in the country. The Joint Committee of Parliament headed by BJP MP P P Chaudhary has been speaking to jurists and legal experts as it prepares its recommendation on the bill. Two other former chief justices of India, U U Lalit and Ranjan Gogoi, have appeared before the committee in past. While both of them did not question the constitutionality of simultaneous elections, they have questioned some aspects of the bill and offered

PM Modi-RSS caricature: Cartoonist Malviya moves SC for anticipatory bail

The Supreme Court on Friday agreed to hear the anticipatory bail plea of Indore-based cartoonist accused of uploading "objectionable" cartoons of Prime Minister Narendra Modi and RSS workers on social media. A bench of Justices Sudhanshu Dhulia and Joymalya Bagchi agreed to hear on July 14, the plea filed by Hemant Malviya challenging the Madhya Pradesh High Court order refusing to grant him relief after advocate Vrinda Grover sought urgent hearing in the matter. The high court had observed that it was gross misuse of freedom of speech. Grover submitted the matter pertains to a cartoon which Malviya made in 2021 during Covid and the high court said no landmark cases like in Arnesh Kumar and Imran Pratapgarhi, which dealt with life and liberty, will be followed. She submitted that the high court has condemned the cartoonist, "The offence is under which BNS which entails a maximum of three years of punishment," Grover submitted. Justice Dhulia ordered that the matter will be listed

SC puts brakes on 'disenfranchisement', parties welcome Bihar SIR directive

A bench of Justices Sudhanshu Dhulia and Joymalya Bagchi did not stay the SIR process but asked the ECI to consider allowing Aadhaar, ration cards, and electoral photo identity cards

Donald Trump's birthright citizenship limits blocked again by judge

A preliminary injunction was granted Thursday by US Judge Joseph Laplante in New Hampshire, restricting enforcement of Trump's order while the case proceeds

What concerns did Supreme Court raise over Bihar's voter roll revision? | Aadhaar card | Bihar polls

SC on Bihar Rolls, Hasina Indicted, Amazon Delhi Launch, Ambani Relief & More | Top #newsinamin

No written order on plea against Udaipur Files release, clarifies SC

The Supreme Court on Thursday clarified it did not pass any written order when it refused to urgently list the plea against the screening of the movie "Udaipur Files: Kanhaiya Lal tailor murder". The clarification from a bench of Justices Sudhanshu Dhulia and Joymalya Bagchi came after senior advocate Kapil Sibal, appearing for the accused Mohammed Javed, said a confusion arose due to the bench's remark, "Let the film be released". After Sibal sought the clarification, the bench said it had indeed made the observation but no written order was passed and the court simply denied the request for urgent listing. Sibal said due to the scheduled release of the film on July 11, the trial of the accused would get prejudiced. He informed the bench about moving the Delhi High Court, which asked him to seek the clarification on the July 9 order. "The petition has not been heard and the oral observation of the court has created a confusion," he submitted. While Justice Bagchi opined the film

SC refuses to stay Bihar voter list revision, urges ECI to allow Aadhaar

SC urges ECI to consider Aadhaar cards, EPIC (electoral photo identity) cards, ration card as ID proof; seeks response by July 21, next hearing scheduled for July 28

SC questions EC's timing, Aadhaar exclusion in Bihar voter list case

Observing that the last such revision was carried out in 2003, the bench said the exercise is constitutionally mandated but criticised the timing

SC says no order issued as it declines urgent listing in Udaipur Files case

Udaipur Files is a movie based on the Kanhaiya Lal murder case, a tailor who was murdered in June 2022, allegedly by Mohammad Riyaz and Mohammad Ghous