Page 105 - Supreme Court

Banks can claim deductions for broken period interest: Supreme Court

Broken period interest is the interest paid by a bank when purchasing government securities between coupon payment dates

SBI gave unsecured loans to firms and is now floundering: JKC tells SC

JKC argued that SBI had previously granted loans to companies without sufficient security, which led to their financial troubles

Supreme Court reserves verdict on plea against NCLAT order on Jet Airways

The Supreme Court on Wednesday reserved its judgement on a plea of State Bank of India and other creditors challenging the National Company Law Appellate Tribunal (NCLAT) decision that upheld the resolution plan of grounded air carrier Jet Airways and approved the transfer of its ownership to Jalan Kalrock Consortium (JKC). A bench comprising Chief Justice of India D Y Chandrachud and Justices JB Pardiwala and Manoj Misra heard submissions of Additional Solicitor General (ASG) N Venkatraman, appearing for the appellant banks and others, and senior advocate Mukul Rohatgi, representing the consortium, before reserving the judgement. The NCLAT had on March 12 upheld the resolution plan of the grounded air carrier and approved the transfer of its ownership to the JKC. The appellate tribunal further directed the Jet Airways monitoring committee to complete the transfer of ownership within 90 days. Besides, the insolvency the NCLAT had also directed the lenders of Jet Airways to adjust th

Centre questions Zakir Naik's plea to club FIRs, calls him a fugitive

The Centre on Wednesday questioned before the Supreme Court the maintainability of a plea filed by controversial Islamic preacher Zakir Naik seeking clubbing of FIRs filed in different states over his purported statements during the Ganapati festival in 2012. Appearing before a bench of Justices Abhay S Oka, Ahsanuddin Amanullah and Augustine George Masih, Solicitor General Tushar Mehta asked how a person who was declared a fugitive, file a plea under Article 32 of the Constitution. "I was told by his advocate that they are withdrawing the matter. Our counter was ready," said Mehta. The lawyer representing Naik said he hadn't received any such instruction to withdraw the matter and the plea sought clubbing of about 43 cases registered across states. The counsel further said there were six FIRs pending against his client and he would move the high court for quashing of the same. Following the submissions, the top court directed Naik's counsel to file an affidavit stating whether he

Gujarat demolition: SC defers hearing on contempt plea against authorities

The Supreme Court on Wednesday deferred hearing on a contempt plea against Gujarat authorities for allegedly illegally demolishing residential and religious structures in the state despite an interim stay and without its prior nod. A bench of Justices B R Gavai, P K Mishra and K V Viswanathan listed the plea after three weeks. The plea seeks initiation of contempt proceedings against state authorities for alleged violation of the apex court's September 17 order that there shall be no demolition of properties, including of those accused of crimes, across the country without its permission. At the outset, a lawyer sought pass-over of the hearing on behalf of the solicitor general representing the state authorities. Senior lawyer Sanjay Hegde, appearing for the petitioner, said the state has filed a response to the petition and he wanted to file the rejoinder submissions. "Their defense is that (the structure demolished) was near the Arabian Sea. What prevented them from seeking ...

SC collegium recommends judges' names to Centre for appointment in 3 HCs

The Supreme Court Collegium headed by Chief Justice D Y Chandrachud has recommended to the Centre the names of three advocates for appointment as judges of the Andhra Pradesh High Court. The three-member collegium, which also comprised Justices Sanjiv Khanna and B R Gavai, held the meeting on Tuesday and also decided to recommend the names of four senior judicial officers as judges of the Kerala High Court. It, by way of a separate resolution, recommended to the Centre the name of Justice Siddaiah Rachaiah, an additional judge of the Karnataka High Court, as a permanent Judge of the same high court. "The Collegium resolves to recommend that S/Shri (i) Maheswara Rao Kuncheam @ Kuncham, (ii) Thoota Chandra Dhana Sekar @ T C D Sekhar, and (iii) Challa Gunaranjan, advocates, be appointed as Judges of the High Court of Andhra Pradesh. Their inter se seniority be fixed as per the existing practice," the October 15 resolution said. They all are practising as lawyers in the Andhra Pradesh

Ex-Bihar minister 1998 murder case: SC rejects convicted former MLA's plea

The Supreme Court on Wednesday dismissed a plea of convicted criminal-turned-politician Vijay Kumar Shukla alias Munna Shukla seeking time to surrender in the 1998 murder case of former Bihar minister and RJD leader Brij Bihari Prasad. A bench of Justices Sanjiv Khanna, Sanjay Kumar and R Mahadevan was told by senior advocate Vikas Singh, appearing for Shukla, that he needs 30 days' time on account of his wife's health issues and to manage the affairs. Dismissing Shukla's plea, the bench said that its October 3 order granted him sufficient time of 15 days and therefore no further indulgence can be granted. On October 3, the top court had convicted Shukla, a former MLA, and accused Mantu Tiwari in the murder case. The top court had partially set aside a Patna High Court order acquitting all accused in the case and asked Shukla and Tiwari to surrender within two weeks. Tiwari is the nephew of late Bhupendra Nath Dubey, who was the brother of Devendra Nath Dubey, a political rival of

Stubble burning: SC raps Punjab, Haryana govts, summons chief secretaries

The Supreme Court on Wednesday rapped the Haryana and Punjab governments over non-prosecution of violators found guilty of stubble burning and summoned the state chief secretaries to appear before it on October 23 and submit. an explanation. A bench of Justices Abhay S Oka, Ahsanuddin Amanullah and Augustine George Masih directed the Commission for Air Quality Management (CAQM) to take penal action against Haryana and Punjab government officials for failure to take action against the violators. "This is not a political matter. If chief secretary is acting at somebody's behest, we will issue summons against them as well. Next Wednesday we are going to physically call chief secretary and explain everything. Nothing has been done, same is with Punjab government. The attitude is of complete defiance,"the bench said. Slamming the Punjab government, the top court said not even a single prosecution has been carried out in past three years. It said no endeavour has been made by the Punjab

SC notice to Centre, EC on fresh plea against freebies during elections

The Supreme Court has sought response from the Centre and the the Election Commission on a fresh plea against the practice of political parties promising freebies during elections. A bench of Chief Justice D Y Chandrachud and Justices J B Pardiwala and Manoj Misra issued notices to the Union of India and the poll panel on a petition filed by Bengaluru resident Shashank J Sreedhara. The petition filed by advocate Srinivasan has also sought a direction to poll panel to take effective steps to restrain political parties from making promises of freebies during the pre-election period. "The unregulated promise of freebies imposes a significant and unaccounted financial burden on the public exchequer. Further, there exists no mechanism to ensure the fulfilment of pre-poll promises on which votes were secured," the plea said. The top court tagged the matter with other pleas on similar issue. The apex court had earlier agreed to list for hearing pleas against the practice of political par

Creditors delayed resolution process for Jet Airways: Winning bidder to SC

Jalan Kalrock Consortium (JKC), which was handed over the grounded air carrier Jet Airways, on Tuesday informed the Supreme Court that the creditors had delayed the resolution process by raising pleas at every stage of compliance. The National Company Law Appellate Tribunal (NCLAT) on March 12 had upheld the resolution plan of the grounded air carrier and approved the transfer of its ownership to the consortium. A bench comprising Chief Justice D Y Chandrachud and Justices JB Pardiwala and Manoj Misra was hearing an appeal of State Bank of India, Punjab National Bank and JC Flowers Asset Reconstruction Private Limited challenging the March 12 verdict of the NCLAT. The NCLAT had directed the Jet Airways monitoring committee to complete the transfer of ownership within 90 days. The consortium, having won the bid to revive the once-grounded airline, is facing a complex legal battle over the compliance with the resolution plan. Additional Solicitor General N Venkatramani, appearing fo

Probe can't be thwarted by quashing FIR if prima facie case evident: SC

The Supreme Court has said when a First Information Report (FIR) alleges dishonest conduct by an accused and materials disclose commission of a cognisable offence then the investigation cannot be thwarted by quashing the FIR. A bench of Justices JB Pardiwala and Manoj Misra said it was trite law that an FIR was not an encyclopedia of all imputations. It further observed that while deciding if a criminal proceeding or an FIR should be quashed at the very threshold, the allegations in the FIR, including the materials collected during investigation, should be taken at face value to determine whether or not a prima facie case against the accused for investigation was made out. "Thus, when the FIR alleges dishonest conduct on the part of the accused which, if supported by materials, would disclose commission of a cognisable offence, the investigation should not be thwarted by quashing the FIR," the bench said in its verdict pronounced on October 14. The top court's decision came on an .

SC issues notice to UP govt on Somnath Bharti's plea over hospital remarks

The Supreme Court on Tuesday issued a fresh notice to the Uttar Pradesh government on AAP leader Somnath Bharti's plea seeking the transfer of a case filed against him for allegedly making derogatory remarks on the condition of hospitals and schools in the state. The case against Bharti is pending before the court of the additional chief judicial magistrate of Sultanpur. He moved the top court seeking the transfer of the case to the Rouse Avenue Courts here. A bench of Justices M M Sundresh and Aravind Kumar also issued a notice to the complainant in the case and posted the matter for hearing after three weeks. The apex court had on July 3 last year stayed the proceedings pending before the Sultanpur court against Bharti. On April 10 last year, it issued a notice to the Uttar Pradesh government and imposed an interim stay on the proceedings on a plea filed by Bharti seeking the transfer of the case. Two cases were registered against the AAP leader in Rae Bareli and Amethi over his

Existence of 40% disability does not bar student from pursuing MBBS: SC

The Supreme Court on Tuesday said mere existence of a benchmark disability of 40 percent does not bar a person from pursuing medical education unless there is an expert report that the candidate was incapacitated from pursuing MBBS. A bench of Justices BR Gavai, Aravind Kumar and KV Viswanathan gave detailed reasons for its September 18 order where it allowed a candidate to take admission in MBBS course after the medical board opined that he can pursue medical education without any impediment. The bench said the capacity of a candidate suffering from disability to pursue the MBBS course has to be examined by the disability assessment board. It said, "Mere existence of benchmark disability will not disqualify a candidate from being eligible for the MBBS course. The disability board assessing the disability of the candidate must positively record whether the disability of the candidate will or will not come in the way of the candidate pursuing the course." The top court further said

SC seeks govt's reply on plea against illegal constructions on riverbeds

The plea has stated that increasing illegal and unauthorised constructions and encroachments on the floodplains and catchment areas

SC revives Adani's Rs 27K cr insolvency resolution for KSK Mahanadi project

The lenders have made claims of Rs 29,330 crore against KSK Mahanadi, which was sent for debt resolution in 2020 after the firm defaulted on its debt payments

SC refuses to hear fresh plea over alleged demolition of properties

The Supreme Court on Monday refused to entertain a plea over the alleged demolition of properties across states in the country. A bench of Justices B R Gavai and P K Mishra were not inclined to hear the plea following which the counsel for the petitioners withdrew it. The bench told the petitioners' counsel that it has recently reserved its verdict on a batch of petitions raising the plea that properties, including those belonging to persons accused of crimes, were being demolished in several states. "It is already closed for judgement. Be reasonable," the bench observed, adding that its judgement might also deal with the issue raised by the petitioners. The petitioners' counsel claimed there was data from nine states in the plea and lakhs of people had been affected owing to the demolitions. The counsel was subsequently allowed to withdraw the petition. On October 1, the top court had said it would frame pan-India guidelines on demolition of properties and religious structures i

SC notice to Centre on plea against unauthorised constructions on riverbeds

The Supreme Court on Monday sought response from the Centre and others on a plea against unauthorised constructions and encroachments on the riverbeds, floodplains and catchments of all rivers. A bench of Chief Justice D Y Chandrachud and Justices J B Pardiwala and Manoj Misra issued notices to the Environment Ministry, Ministry of Jal Shakti, Ministry of Earth Sciences, Central Water Commission and the Central Pollution Control Board while seeking their replies within three weeks. Advocate Akash Vashishtha, appearing for the petitioner, submitted that increasing illegal and unauthorised constructions and encroachments on the floodplains and catchments of rivers and water courses have become the biggest cause of devastation across the country. The top court was hearing a plea filed by former IPS officer Dr Ashok Kumar Raghav seeking directions to demolish all unauthorised constructions and encroachments on the riverbeds, floodplains and catchments of all rivers, water courses and ..

Nearly 75% of Chardham project in Uttarakhand complete: Centre to SC

The Centre on Monday informed the Supreme Court that almost 75 per cent of the awarded work of the strategic Chardham Project in Uttarakhand which goes up to China border, was complete. The strategic 900-kilometre project aims to provide an all-weather connectivity to the four holy shrines in Uttarakhand -- Yamunotri, Gangotri, Kedarnath, and Badrinath. Additional Solicitor General Aishwarya Bhati, appearing for the Centre, informed a bench of Justices C T Ravikumar and Ujjal Bhuyan that the apex court-appointed oversight committee has submitted two reports to the top court. According to Bhati, the apex court had appointed an oversight committee, chaired by former top court judge Justice (retired) A K Sikri. Referring to the committee's report given in August, 2024, Bhati said, "Almost 75 per cent of the awarded work is complete." She further said there were two reports -- one in April, 2024 and the other of August 27 -- pertaining to the proposed project. The bench said the ...

SC dismisses plea seeking 24 hr Sindhi language channel on Doordarshan

The Supreme Court on Monday dismissed a plea by an NGO which sought directions to the Centre to start a 24-hour Sindhi language channel on Doordarshan. A bench of Chief Justice D Y Chandrachud and Justices J B Pardiwala and Manoj Misra rejected NGO Sindhi Sangat's petition challenging an order of the Delhi High Court which dismissed the plea. The top court said there may be other means to preserve the language. Senior advocate Indira Jaising, appearing for the NGO, said one of the ways to preserve the language is through public broadcasting. The NGO has moved the top court against the May 27 order of the high court which dismissed the plea, saying the decision of Prasar Bharati not to start a 24-hour Sindhi language channel is based on an intelligible differentia. The high court, in its order, said the NGO has been unable to persuade it concerning the legal right or constitutional right to seek directions for allocating a 24-hour Sindhi channel on Doordarshan and its plea was ...

Excise Policy case: SC grants bail to businessman Abhishek Boinpally

The Supreme Court on Monday granted bail to Hyderabad-based businessman Abhishek Boinpally in a money laundering case related to the alleged Delhi excise policy scam. A bench of Justices M M Sundresh and Aravind Kumar made its earlier order of interim bail absolute. Additional Solicitor General SV Raju, appearing for the ED, did not oppose the bail plea. "We are inclined to grant him bail," the bench said. The top court had on August 13 extended the interim bail granted to Boinpally. On March 20, the top court noted that the businessman had been in custody for 18 months and directed his release on interim bail for five weeks. Since then, Boinpally's interim bail has been extended from time to time by the apex court. While granting him interim bail, the top court had asked Boinpally to surrender his passport and directed him not to leave the National Capital Region except for a visit to Hyderabad. The businessman has challenged a July 3, 2023, order of the Delhi High Court that