Page 106 - Supreme Court

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

SC grants interim bail to former chairman of Pune Cooperative bank

The Supreme Court on Monday granted interim bail on medical grounds to former chairman of a Pune-based cooperative bank in a case linked to alleged fraud and misappropriation of funds of the lender worth Rs 429 crore. A bench of Chief Justice D Y Chandrachud and Justices J B Pardiwala and Manoj Misra gave relief to Amar Sadhuram Mulchandani, the ex-chairman of the Seva Vikas Cooperative Bank, after taking note of his medical condition. The top court perused a report filed by a board of four expert doctors of the J J Hospital, Mumbai. It also took into account that Mulchandani has been inside jail for over an year. The money laundering probe against Mulchandani, who was arrested on July 1 last year, and others stems from multiple FIRs registered by the Pune Police on the basis of complaints of the bank and the audit conducted by the Registrar of Cooperative Societies which pointed to large-scale fraud and misappropriation of public funds causing a loss of Rs 429 crore to the Seva Vi

Faima calls for elective services shutdown in hospitals from Monday

Several RDAs and other doctors' associations across India had earlier shut non-urgent elective services for 13 days in August 2024, calling it off after being urged by the Supreme Court

SC to hear bail plea of businessman in Delhi excise policy scam on Monday

The Supreme Court is scheduled to hear on Monday the bail plea of Hyderabad-based businessman Abhishek Boinpally in a money laundering case related to the alleged Delhi excise policy scam. As per the cause list, a bench of Justices M M Sundresh and Aravind Kumar is likely to take up the matter. 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 dismissed his petition questioning the legality of his arrest in 2022. The businessman had contested his arrest bef

Remark against PM Modi: SC to hear Shashi Tharoor's plea in defamation case

The Supreme Court is scheduled to hear on Monday a plea of Congress MP Shashi Tharoor against a Delhi High Court verdict that refused to quash defamation proceedings against him for his alleged "scorpion on Shivling" remark targeting Prime Minister Narendra Modi. While hearing Tharoor's plea on September 10, the apex court had stayed the proceedings before a trial court in the defamation case filed against the Congress MP. The top court had also issued notice to the Delhi Police and BJP leader Rajiv Babbar, who is the complainant in the case, seeking their responses on the plea. As per the cause list of October 14 uploaded on the apex court website, a bench of Justices Hrishikesh Roy and SVN Bhatti is slated to hear Tharoor's plea. The Congress MP has moved the top court against the high court's August 29 order which refused to quash the defamation proceedings against him. During the hearing on September 10, Tharoor's counsel told the apex court that the complainant cannot be said

CJI presides over MoU signing to boost India-Bhutan judicial cooperation

Chief Justice of India (CJI) D Y Chandrachud, along with his Bhutanese counterpart Lyonpo Chogyal Dago Rigdzin, presided over the signing of four memoranda of understanding (MoUs) aimed at enhancing judicial and legal cooperation between the two neighbouring countries. Besides the chief justice, the CJI, who was on an official visit to Bhutan from October 7 to October 10, also met the king of the Himalayan country, Princess Sonam Dechan Wangchuck and Prime Minister Dasho Tshering Tobgay, and discussed a range of issues with them, including the "unique and special ties of friendship and cooperation" between the two countries. On October 9, Justice Chandrachud discussed ways to strengthen bilateral judicial cooperation with his Bhutanese counterpart. "At the premises of the Supreme Court of Bhutan, the two Chief Justices presided over the signing of four Memoranda of Understanding (MoUs), aimed at enhancing judicial and legal cooperation between India and Bhutan. "These included the

DHFL bank fraud: SC asks CBI to file response on Nawandar's bail plea

The Supreme Court has directed the CBI to file its response on the bail plea filed by businessman Ajay Ramesh Nawandar in a Rs 34,615-crore bank fraud case involving Dewan Housing Finance Limited (DHFL). A bench of Justices Vikram Nath and Prasanna B Varale has extended the interim protection granted to Nawandar to remain in hospital till October 14. "In the meantime, the respondent is directed to get the petitioner's eyes tested from a senior consultant at the Dr Rajendra Prasad Centre for Ophthalmic Sciences, AIIMS, New Delhi, and submit a report before the court on the said date. "The respondent (CBI) will also file its counter-affidavit or obtain instructions as it may feel appropriate on the main petition seeking bail," the bench has said. The top court was hearing Nawandar's plea challenging a May 31 order of the Delhi High Court that dismissed his bail petition. The high court had noted that the CBI has taken a serious and consistent stand that the applicant is an influenti

'What legacy will I leave': CJI reflects on his tenure ahead of retirement

Chief Justice of India DY Chandrachud, who took up the role of CJI on November 9, 2022, is set to retire on November 10, 2024

Misconception that traditional values antithetical to democratic ideas: CJI

Chief Justice of India D Y Chandrachud on Tuesday said there is a misconceived perception that the traditional values of communities of India and Bhutan are antithetical to modern democratic ideas such as liberty, equality and dissent. Speaking at the third convocation ceremony of Jigme Singye Wangchuck School of Law of Bhutan, CJI Chandrachud said both India and Bhutan are home to communities that rely on traditional community-based dispute resolution and governance mechanisms. He said that such mechanisms must not be shunned as traditional and archaic. Instead, they must be supplemented by modern constitutional ideas. "There is often a misconceived perception that the traditional values of our communities are antithetical to modern democratic ideas such as liberty, equality and dissent. However, a dispassionate look at the history of our communities in Asia often yields a different answer," he told the young graduates. Pointing out that in India, the Constitution itself provides

States urged to comply with emission standards: Air quality panel to SC

The Commission for Air Quality Management (CAQM) has informed the Supreme Court that it has asked the Delhi government and the neighbouring states for strict compliance with the emission standards and pollution norms, given vehicular pollution contributes heavily towards poor air quality. In a compliance report filed before the top court, the air quality panel said that regular certification of vehicles for compliance with emission standards was a must. According to the panel's data, a total of 1.81 lakh challans were issued in Delhi till June 2024 for either driving without valid pollution under control certificate (PUC) or driving over the prescribed load limit, in comparison with 1.64 lakh challans for similar offences in 2023. "Regular certification of vehicles towards compliance of emission standards is a must and in this context the commission has directed the national capital region (NCR) state governments and the government of national capital territory of Delhi (GNCTD) for

Removal of women elected representative should not be treated lightly: SC

Removal of an elected public representative should not be treated lightly, especially when it concerns women belonging to rural areas, the Supreme Court has said as it set aside an order for removal of a woman sarpanch in a Maharashtra village. A bench of Justices Surya Kant and Ujjal Bhuyan termed the matter as a classic case where the residents of the village could not reconcile with the fact that a woman was elected to the office of the sarpanch. The top court observed that it was a case where villagers were unable to come to terms with the reality that a female sarpanch would make decisions on their behalf and that they would have to abide by her directions. "This scenario gets further exacerbated when we as a country are attempting to realise the progressive goal of gender parity and women empowerment across all spheres, including public offices and most importantly adequate women representative in elected bodies, such instances at the grass-root level cast a heavy shadow on an

Sub-classification of SCs for quota: Top court scraps pleas seeking review

The Supreme Court has dismissed a batch of pleas seeking review of its judgment which held that states are constitutionally empowered to make sub-classifications within the Scheduled Castes for granting reservation. A seven-judge Constitution bench comprising Chief Justice D Y Chandrachud and Justices B R Gavai, Vikram Nath, Bela Trivedi, Pankaj Mithal, Manoj Misra and Satish Chandra Sharma said there is no error apparent on the face of the record. The top court also rejected applications for listing the review petitions in open court. Justice Trivedi, who had written a separate dissenting judgment in the case, was also part of seven-judge bench which dismissed the pleas seeking review of the majority verdict. "Having perused the review petitions, there is no error apparent on the face of the record. No case for review under Order XLVII Rule 1 of the Supreme Court Rules 2013 has been established. The review petitions are, therefore, dismissed," the order dated September 24, which w

SC questions Delhi LG's hurry in holding MCD Standing Committee election

The Supreme Court on Friday questioned the "tearing hurry" on the part of the lieutenant governor's office to exercise executive powers for holding the election for the sixth member of the Municipal Corporation of Delhi's Standing Committee. A bench of Justices P S Narasimha and R Mahadevan asked the LG's office to not hold elections for the post of chairman of the Standing Committee till it hears the plea of Mayor Shelly Oberoi against the September 27 Standing Committee polls. "We will view it seriously if you hold an election for the MCD Standing Committee chairman," the bench told senior advocate Sanjay Jain, appearing for the LG's office. It said that initially it was not inclined to entertain this petition but had to issue notice because of Lieutenant Governor V K Saxena's decision to exercise his powers under Section 487 of the Delhi Municipal Act. "Democracy will be in danger if you start using executive powers under Section 487 of the DMC Act. How can you interdict the ...

SC forms independent SIT to investigate Tirupati laddoo row, CBI to monitor

The existing SIT, set up by the Andhra Pradesh government, will be replaced by the new team, which will comprise CBI officers, Andhra state police personnel and an FSSAI member

SC junks pleas against verdict allowing states to levy tax on minerals

The Centre in September had said there were several 'errors apparent in the judgment', and sought a review of the judgement of nine-judge bench

Shouldn't file cases against scribes if writings perceived as criticism: SC

Criminal cases should not be slapped against journalists merely because their writings are perceived as criticism of the government, the Supreme Court said on Friday. A bench of Justices Hrishikesh Roy and SVN Bhatti said in democratic nations, the freedom to express one's views is respected and the rights of journalists are protected under Article 19(1)(a) of the Constitution. The bench was hearing a plea filed by journalist Abhishek Upadhyay, who has sought quashing of an FIR lodged against him in Uttar Pradesh for allegedly publishing a news report on the "caste dynamics of the general administration" in the state. "Merely because writings of a journalist are perceived as criticism of the government, criminal cases should not be slapped against the writer," the bench said. While issuing a notice to the Uttar Pradesh government seeking its response on the plea, it said, "In the meantime, coercive steps should not be taken against the petitioner in connection with the subject ...

SC warns Gujarat authorities of possible contempt in demolition case

A Supreme Court bench last month issued an interim order, temporarily halting demolitions across India without the court's permission

Will lay down law on HCs revoking orders dictated in open courts: SC

The Supreme Court on Friday said it will lay down the law on the issue of high courts revoking orders dictated in open courts after the top court came across a case in which the Madras HC quashed a money laundering case against a former IPS officer and later modified its direction and reheard the matter. A bench of Justices Abhay S Oka and Augustine George Masih stayed the proceedings in a money laundering case against former IPS officer M S Jaffer Sait registered in connection with an alleged illegal allotment of a Tamil Nadu Housing Board plot. The top court posted the matter for hearing on November 22. The apex court was hearing a plea filed by Sait, who contended that his case was reheard within days after allowing his plea for quashing of the proceedings in the matter. The SC bench had earlier sought report from from the Madras High Court's Registrar General on the issue. On September 30, after inspecting the report from the HC, the top court had called the decision of the h

Marital rape: Centre argues against terming it as 'rape' in Supreme Court

The Centre argued that the complexities of marriage differentiate non-consensual sex within it from similar acts outside while acknowledging a husband has no right to violate his wife's consent

SC backs validity of 90,000 I-T reassessment notices made after Apr 1, 2021

In a relief to the Income Tax Department, the Supreme Court has upheld the validity of nearly 90,000 reassessment notices issued by the revenue department after April 1, 2021, under old provisions. The top court on Thursday set aside the verdicts of several high courts that had held that the Taxation and Other Laws (Relaxation and Amendment of Certain Provisions) Act (TOLA) of 2021 will not extend the time limit for issuing reassessment notices under the Income Tax Act. TOLA was brought in during the COVID-19 pandemic to extend time limit for income tax compliances. A bench comprising Chief Justice D Y Chandrachud and Justices J B Pardiwala and Manoj Misra dealt with two legal questions related to the interplay of three Parliamentary statutes, the Income Tax Act, the TOLA and the Finance Act. The issues, adjudicated upon by the top court, read: "Whether TOLA and notifications issued under it will also apply to reassessment notices issued after April 1, 2021 and whether the ...