Page 105 - Supreme Court

SC orders liquidation of Jet Airways, rejects NCLAT's approval of takeover

The Supreme Court has directed the liquidation of Jet Airways, citing the failure of the Jalan-Kalrock Consortium to meet revival conditions, overturning the NCLAT's approval

MoEFCC issues new rules for inquiries, penalties after SC's pollution order

Under the new rules, complaints against violators of environmental regulations can be initiated by key bodies, including the CPCB, SPCBs, Pollution Control Committees and others

Supreme Court redefines balance between private property and state power

Supreme Court gives a boost to private property rights

'Can't bulldoze overnight': SC slams UP, issues directions to all states

The Supreme Court on Wednesday pulled up the Uttar Pradesh (UP) government for an "illegal" demolition in 2019 while issuing directions to all states and union territories (UT) on the procedure to be followed during road widening and removal of encroachments. A bench of Chief Justice D Y Chandrachud and Justices J B Pardiwala and Manoj Misra also directed the UP government to pay Rs 25 lakh compensation to the man whose house was razed in 2019 for a road widening project. "You can't come with bulldozers and demolish the constructions overnight. You don't give the family, time to vacate. What about the household articles inside the house?" the bench asked the counsel representing the UP government. Further, the apex court directed the UP chief secretary to conduct an inquiry into the matter pertaining to a house in Maharajganj district and take suitable action. The bench elaborated on the steps that a state or its instrumentality must undertake before taking action in pursuance to a

LMV driving licence holders can drive vehicles with 7,500 kg weight: SC

In a relief for commercial vehicle drivers, the Supreme Court on Wednesday held that a person holding a driving licence for a light motor vehicle (LMV) is also entitled to drive a transport vehicle with an unladen weight not exceeding 7,500 kg. The judgement of a five-judge Constitution bench headed by Chief Justice D Y Chandrachud is a jolt to insurance companies which had been rejecting claims if accidents involved transport vehicles of a particular weight and if the drivers were not authorised to drive them as per legal stipulation. There is no empirical data that LMV driving licence holders are responsible for rise in road accidents in the country, Justice Hrishikesh Roy, who wrote the unanimous verdict for the bench, said. He said the LMV driving licence holders, who spent maximum time behind the wheels, are seeking an answer from the court and their grievances cannot be rejected on technical grounds. Besides the CJI and Justice Roy, the bench also comprised Justices P S ...

Govt can't take over all private properties for 'common good': SC

The ruling may impact policies aimed at wealth distribution

India may look to curb judges' arbitrary sentences for criminals

The pace of the trial and questions about the legal defence given to the accused fuelled concern among some rights advocates

SC upholds UP Madarsa Act but terms degree provision 'unconstitutional'

While upholding the UP Madarsa Act, the top court identified that certain provisions related to higher education degrees conflicted with the UGC Act

In landmark ruling, SC strikes down State's power to seize private property

The ruling calls into question the doctrine of eminent domain, where state could summarily acquire private property, particularly land, for public use, and redefines the economic powers of the state

State cannot seize private property for 'common good', says Supreme Court | SC ruling

The Supreme Court of India has issued a landmark ruling, restricting state authorities from seizing private property under the “common good” principle.

SC overturns 1978 ruling, strikes down State's power to seize pvt property

The SC ruling, held by a majority of 8:1, adds that private property does not qualify as 'material resources of the community' as defined under Article 39(b) of the Indian Constitution

UP cabinet clears new rules for DGP appointment through selection committee

The Uttar Pradesh government has approved a new set of rules for independent and transparent selection of director general of police (DGP) by a committee headed by a retired high court judge. The Appointment Rules, 2024 were cleared by the state cabinet at a meeting here on Monday. With this, the government will not have to send names to the Union Public Service Commission (UPSC) panel for the appointment of the state police chief. "The objective of the Appointment Rules, 2024 is to establish an independent and transparent mechanism for selection of a suitable person for appointment to the post of DGP to ensure that the said selection is free from political or executive interference and is also in accordance with the specific conditions and policing requirements of Uttar Pradesh," the new guidelines said. The selection committee will be headed by a retired high court judge. It will have the chief secretary, a UPSC nominee, Uttar Pradesh Public Service Commission chairman or nominee

SC issues directions to improve policy governing remission of convicts

The Supreme Court has issued a slew of directions aimed at standardising and improving the transparency of policies governing permanent remission to convicts in the country. The directions of the bench comprising Justices Abhay S Oka and Augustine George Masih mandate greater accessibility to policy information, timely communication of decisions, and individualised consideration of cases to prevent arbitrary conditions. The bench was hearing a suo motu case of 2021 titled as "Policy Strategy for Grant of Bail" and directed all states and union territories to inform convicts of any rejection of applications for permanent remission within one week. They will also have to forward copies of these rejections to the district legal services authorities concerned to ensure appropriate steps were taken to provide legal aid to the convicts. At this stage, we issue the following directions, which will apply to all the states: (i) The copies of the existing policies governing the grant of ...

SC raps Delhi govt over pollution; says firecracker ban hardly implemented

The Supreme Court has demanded explanations from the Aam Aadmi Party (AAP) government and the Delhi police regarding the failure to enforce the ban

SC relaxes bail condition on Kerala-based journalist Kappan in UAPA case

The Supreme Court on Monday allowed a plea by Kerala-based journalist Siddique Kappan seeking relaxation of a bail condition of reporting to police every week in a UAPA case registered against him. A bench of Justices P S Narasimhan and Sandeep Mehta relaxed the bail condition imposed by the top court on Kappan while granting bail in September 2022. "The order dated September 9, 2022, is modified and it shall not be necessary for the petitioner to report to the local police station. The other prayers made in the present application can be agitated independently," the bench said. The top court had on September 17 asked the state government to file its reply on the plea of Kappan, who was arrested in October 2020 while on his way to Hathras in Uttar Pradesh after a Dalit woman from there died following gangrape. On September 9, 2022, the top court granted bail to Kappan, who was in jail for almost two years, while observing that every person has the right to free expression. It had

SC relaxes bail condition of journalist Siddique Kappan in Hathras case

Uttar Pradesh government had said that Kappan has close links with extremist organisation Popular Front of India

Decide on mercy plea of Beant Singh's assassin or we will: SC to Centre

The Supreme Court on Monday said it would consider the the mercy petition of death row convict Balwant Singh Rajoana, convicted in the 1995 assassination case of then Punjab chief minister Beant Singh, if the Centre does not decide on it "either way". A bench of Justices B R Gavai, P K Mishra and K V Viswanathan adjourned for two weeks the former Punjab Police constable's plea seeking commutation of his death sentence to life term due to an "inordinate delay" in deciding his mercy petition. "Decide it either way or we will consider it (Rajoana's plea)," the bench told Solicitor General Tushar Mehta, appearing for the Centre, after he informed the court that Rajoana's mercy plea was pending with the president's house. Rajoana has been in continuous custody for 29 years, said his counsel, senior advocate Mukul Rohatgi, while seeking his release till the mercy petition is decided. "His mercy petition has been pending with the president's house for the past 12 years. Please release him

SC to consider listing PIL related to recent bridge collapses in Bihar

The Supreme Court on Monday agreed to consider listing for hearing a plea that raised concerns about the safety and longevity of bridges in Bihar after several of them collapsed in recent months. A bench comprising Chief Justice of India (CJI) D Y Chandrachud and Justices J B Pardiwala and Manoj Misra, in July 29 this year, had sought responses from the Bihar government and others, including the National Highway Authorities of India (NHAI), on the public interest litigation (PIL). On Monday, a lawyer representing the petitioner, advocate Brajesh Singh, mentioned the plea for hearing. "I will look into this," the CJI said and asked whether an email regarding this was sent to his office. The PIL sought directions for a structural audit and setting up of an expert panel to identify bridges that can be either strengthened or demolished based on its findings. Besides the state and the NHAI, the top court had also issued notices to the road construction department's additional chief ...

No forward movement on 4 names reiterated by Collegium headed by CJI

There has been no forward movement on the names reiterated by the Supreme Court Collegium headed by Justice D Y Chandrachud for appointment as high court judges as he demits office as the chief justice of India on November 10. The collegium had in January 2023 reiterated the names of advocates Saurabh Kirpal for elevation as a judge of the Delhi High Court, R John Satyan as judge of the Madras HC, and Amitesh Banerjee and Sakya Sen as judges of the Calcutta High Court. The top court collegium had also reiterated the name of Somasekhar Sundaresan, also an advocate, as judge of the Bombay High Court in January 2023. In November that year, he was elevated as a judge of the Bombay HC. People aware of the procedure to appoint high court and Supreme Court judges said the files relating to Kirpal, Satyan, Banerjee and Sen are still pending with the government. In Januaary 2023, the Supreme Court collegium had for the second time reiterated the names of Banerjee and Sen for appointment as

Around 98% schools have separate toilet facilities for girls: Centre to SC

The Centre has informed the Supreme Court that more than 97.5 per cent schools in the country, including government, government-aided and private ones, have provided separate toilets facilities for girl students. It has filed an affidavit in a pending PIL moved by Congress leader and social activist Jaya Thakur seeking directions to the Centre and states to provide free sanitary pads to girl students of Classes 6 to 12 and ensure separate female toilet facilities in all government, government-aided and residential schools. The Centre has told the top court that states and Union territories, such as Delhi, Goa and Puducherry, have achieved 100 per cent targets and complied with the earlier orders of the court. It has also informed the court that 16 lakh toilets for boys and 17.5 lakh toilets for girls have been constructed in more than 10 lakh government schools and 2.5 lakh toilets for boys and 2.9 lakh toilets for girls have been made available in government-aided schools. The Cen