Page 104 - Supreme Court

Vacancies in company law tribunals hinder insolvency resolutions: SC

The NCLT currently operates with 43 members out of its authorised strength of 63. Legal experts believe that if the NCLT had been at full capacity, Jet Airways might have had a chance at revival

A level playing field: Supreme Court removes asymmetry in PPP contracts

Ensuring a level playing in arbitration is critical, given the rapidly expanding involvement of the private sector in the government's infrastructure programme

Higher education students at madrassas face uncertain future after SC order

After the Supreme Court declared higher education degrees awarded by the Uttar Pradesh Madrasa Board unconstitutional, there is a demand to accommodate the about 25,000 students who are currently pursing these courses in any other recognised university. The state government has also said it will find a way out after considering all the legal aspects of this matter. In an order on November 5, the Supreme Court declared the Kamil and Fazil degrees -- equivalent to graduation and post-graduation degrees -- awarded by the Uttar Pradesh Madrasa Board Board unconstitutional, saying it was in conflict with the University Grants Commission (UGC) Act. Zaman Khan, the General Secretary of the Teachers Association Madaris Arabia Uttar Pradesh, said the court's decision has created a difficult situation for the thousands of current students as the board will not be able to conduct exams for these courses now. "The order of the Supreme Court is supreme. But the government must find some way to

Justice Sanjiv Khanna to be sworn in as the 51st CJI on November 11

Justice Sanjiv Khanna, who has been part of several landmark Supreme Court judgements such as scrapping the electoral bonds scheme and upholding abrogation of Article 370, will be sworn in as the 51st Chief Justice of India on Monday. President Droupadi Murmu will administer the oath of office at Rashtrapati Bhavan in a ceremony scheduled at 10 am. Justice Khanna will succeed Justice DY Chandrachud, who retired on Sunday, and his term will last until May 13, 2025. The Centre officially notified Justice Khanna's appointment on October 24 following Chief Justice Chandrachud's recommendation on October 16. Friday was the last working day of Justice Chandrachud as the CJI and he was given a rousing farewell by judges, lawyers and staff of the apex court and the high courts. Justice Khanna, who served as a Supreme Court judge since January 2019, has been part of several landmark judgements such as upholding the sanctity of EVMs, scrapping the electoral bonds scheme, upholding the ...

Mining tax by states: Tata Steel to file curative petition in Supreme Court

On July 25, a nine-judge Constitution Bench of the Supreme Court ruled that states have the power to levy cess on mining and mineral-use activities. Tata Steel's petition seeks a remedy to this order

TDS applicable on salaries of nuns, priests in govt-aided schools: SC

A top court bench led by outgoing Chief Justice DY Chandrachud ruled that salaries paid from government grants are taxable

SC agrees to hear plea seeking to restrain felling of trees in Delhi

The Supreme Court has agreed to hear a plea seeking to restrain the Delhi government from allowing felling of trees in the national capital without the apex court's permission. The application, which stated that five trees are felled in Delhi every hour, also sought to restrain the Union Ministry of Environment, Forest and Climate Change from permitting diversion of forests in Delhi without the top court's nod. The matter came up for hearing before a bench of Justices A S Oka and A G Masih on Friday. The court asked the Delhi government and others to respond to the application by November 22. The application has also sought the constitution of an expert committee, headed by a retired judge of the SC or the Delhi High Court, to assess the tree protection regimen in the national capital. A report containing its recommendation for the protection and preservation of existing trees and forests in Delhi should be submitted by the committee before the apex court, it said. The application

Even single day's delay in deciding bail affects citizens' rights: SC

Deprecating the practice of courts keeping bail applications pending for years, the Supreme Court has said that even a single day's delay in deciding such matters adversely affects the fundamental rights of citizens. The apex court has time and again emphasised the importance of personal liberty, a bench of Justices B R Gavai and K V Viswanathan said in an order passed on Friday. "It has been observed by this court (that) even a single day('s) delay in deciding the bail application adversely affects the fundamental rights of the citizens," it said. "We do not appreciate the practice of keeping bail application pending for years together," it said. The top court's observation came while hearing a plea filed by a man who said his bail application was pending before the Allahabad High Court since August last year and there was no progress in the matter. The petitioner said the matter was adjourned repeatedly before the high court without any effective hearing. The SC noted that it h

WATCH: CJI Chandrachud bids adieu to Supreme Court on his last working day

In his remarks, CJI Chandrachud reflected on the legacy of the former CJIs who had previously served on the court and expressed confidence in justice Khanna taking over as his successor

SC rules against PSUs unilaterally deciding arbitrators for disputes

PSUs will need to modify their contracts to comply with judgment

Aligarh Muslim University minority status case: SC overrules 1967 judgement

Case dates back to 1967 when a five-judge constitution bench had ruled that AMU being a central university cannot be considered a minority institution

SC overturns AMU judgement, CJI's last day in office, BS BFSI Summit, and more

The Supreme Court overruled its 1967 judgement about the Aligarh Muslim University that became the basis for denying the minority status to the institute.

SC notice to Centre on plea to include ayurveda, yoga in Ayushman Bharat

The Supreme Court sought the Centre's response on a plea seeking inclusion of ayurveda, yoga, and naturopathy in the national Ayushman Bharat scheme. A bench of Chief Justice D Y Chandrachud and Justices J B Pardiwala and Manoj Misra issued the notice to the Centre and others on the petition filed by advocate Ashwini Kumar Upadhyay. The plea, which sought inclusion of the practices in PM-JAY, also known as Ayushman Bharat, said the inclusion would allow a significant portion of the country's population to avail affordable healthcare benefits and wellness in various serious diseases, apart from providing employment to many working in the field of Ayurveda. Ayushman Bharat, which was launched in 2018, has two main components -- PM-JAY and Health and Wellness Centres. The former provides for a cashless health insurance cover of Rs 5 lakh per BPL family every year. The petitioner sought the scheme to be implemented in all states and the Indian healthcare systems. "PM-JAY, that is, ..

Centre must establish mandatory accessibility norms for specially abled: SC

The Supreme Court on Friday directed the Centre to implement mandatory accessibility standards within three months, in a significant order aimed at improving access to public spaces for persons with disabilities. The order by a three-judge bench headed by Chief Justice D Y Chandrachud comes in response to slow progress on the accessibility directives issued by the court in a judgement on December 15, 2017. The bench, also comprising Justice J B Pardiwala and Manoj Misra, underscored the necessity of "meaningful access" for disabled persons to public spaces and mandated a two-pronged approach: adapting existing infrastructures to accessibility standards, and ensuring that all new infrastructure is designed to be inclusive from the outset. The bench found that one of the rules of the Rights of Persons with Disabilities (RPWD) Act does not establish enforceable, compulsory standards, but rather, it relies on self-regulation through guidelines. While acknowledging that accessibility ..

SC restores DRI's key powers; Rs 20K cr Customs duty recovery back on track

Setback for Vedanta, Vi, Adani Enterprises, Canon, and 104 others

'No choice': Supreme Court orders liquidation of grounded Jet Airways

Says Jalan-Kalrock Consortium, successful bidder for the airline, failed to implement the resolution plan five years since its approval

After Supreme Court rap, Centre doubles penalty for stubble burning

The rules apply to the National Capital Territory of Delhi, Punjab and Haryana, and the National Capital Region areas of Rajasthan and Uttar Pradesh

Sexual harassment case can't be closed even if parties reach compromise: SC

The Supreme Court on Thursday said a sexual harassment case cannot be closed after a compromise is reached between the rival parties as such offences have serious impact on the society. The observation came while setting aside an order of the Rajasthan High Court which had quashed the FIR against a teacher who was accused of sexually molesting a 16-year-old girl at school in Rajasthan's Sawai Madhopur district. A bench of justices C T Ravikumar and Sanjay Kumar said the high court has misread and misapplied the law laid down to quash the subject FIR and all further proceedings. "The commission of such offences against the children should be viewed as heinous and serious. Needless to say, that commission of such offences cannot be taken lightly as offences of private nature and in fact, such offences are bound to be taken as offences against the society... "We are at a loss to understand how the High Court arrived at the conclusion that in the case on hand a dispute to be resolved .

Supreme Court rechristens summer breaks as 'partial court working days'

The Supreme Court has rechristened its traditional summer vacations as "partial court working days". The change assumes significance in the wake of the recent criticism from various quarters that the top court enjoys long breaks. The development was a part of an amendment in Supreme Court Rules, 2013, which have now become Supreme Court (Second Amendment) Rules, 2024, notified on November 5. "The length of the partial court working days and the number of holidays for the court and the offices of the court shall be such as may be fixed by the Chief Justice and notified in the official gazette so as not to exceed ninety-five days excluding Sundays," read the notification. It further stated that the Chief Justice may appoint one or more judges to hear during partial court working days or holidays, all admissions, after notice, regular matters of urgent nature or such other matters "as the Chief Justice may direct". The existing system had the Supreme Court taking the summer and winte

SC rules in favour of DRI authority; clears recovery of Rs 20,000 cr tax

This ruling confirms that DRI officers qualify as "proper officers" under Section 28 of the Customs Act, enabling them to issue show-cause notices