Page 106 - Supreme Court

8 of 11 members of Mexico's SC to resign in protest of judicial overhaul

Eight justices of Mexico's Supreme Court have said they will leave the court rather than stand for election as required by a controversial judicial overhaul passed last month. Supreme Court President Norma Pina and seven others submitted letters Tuesday and Wednesday stating they would leave their posts rather than compete in judicial elections scheduled for next June. The court's three other justices have indicated they will compete in the elections. Previously, the Supreme Court's justices were selected by the Senate. Last month, Mexico's Congress passed and a majority of states ratified then-President Andres Manuel Lopez Obrador's initiative to make all of the country's judges subject to election. Lopez Obrador and his allies, including his successor Claudia Sheinbaum, have said the radical change will help rid the judicial system of corruption. However, critics say the courts will become less independent and more subject to political forces. The resignations came before the

SC rules courts cannot demand bail bonds from accused six months post-order

The Supreme Court has said courts cannot impose a condition on the accused to furnish bail bonds after six months of the passing of the bail order. A bench of Justices Bela M Trivedi and Satish Chandra Sharma said if the court was satisfied on merits, it should either grant bail or reject it. On October 24, the apex court dealt with a petition filed by a man who had challenged an order of the Patna High Court, directing him to furnish bail bonds after six months in a case against him under the Bihar Prohibition and Excise Amendment Act. The man was, therefore, directed to be released by the trial court on bail upon furnishing bonds of Rs 10,000 with two sureties of the like amount. While dealing with his plea, the top court noted, "This is one of the few orders we have come across in last few days passed by the high court, in which, without deciding the matter on merits, the high court has granted the bail to the present petitioner, subject to the condition that the petitioner-accu

Bar Council of India removes 107 'fake' lawyers from its roll in Delhi

The Bar Council of India (BCI) has removed names of 107 fake lawyers from its roll between 2019 and October 2024 in Delhi as a part of its ongoing drive to maintain "integrity and professionalism". "This decisive action is aimed at eliminating fake advocates and those who no longer meet the standards of legal practice. By doing so, the BCI has tried to continue to protect the public's trust and the legal system itself from unethical practices," read a BCI statement on October 26. BCI secretary Srimanto Sen said the names of 107 fake lawyers have been struck off from the roll in Delhi alone as part of its ongoing effort to maintain the integrity and professionalism of the legal community. "Between 2019 and June 23, 2023, several thousands of fake advocates were removed after a thorough investigation into their credentials and practices. These removals are largely due to issues of fake and forged certificates, and misrepresentation during enrolment. Besides, failure to actively practi

A institution can be improved, doesn't mean it is fundamentally flawed: CJI

Every institution can be improved, but it should not lead to the conclusion that there is something fundamentally wrong with it, Chief Justice of India D Y Chandrachud said here on Saturday while talking about the collegium system. He was speaking during an interaction after delivering the inaugural lecture in a series organized by the Marathi daily 'Loksatta' here. On a question about the collegium system of appointment of Supreme Court and High Court judges, the chief justice said it is a federal system where the responsibility has been given to different levels of governments (both the centre and the states) and the judiciary. "It is a process of consultative dialogue, where consensus emerges, but at times there is no consensus, but that's part of the system. We must have the maturity to understand that this represents the strength of our system," Chandrachud said. "I wish, we will be able to foster a greater consensus, but the point of the matter is, this is dealt with a very .

SC stays HC order of Rs 1 lakh cost on advocate for wasting court's time

The Supreme Court has stayed an order of the Allahabad High Court which imposed costs of Rs 1 lakh on an advocate for wasting the court's "precious time" and arguing a case wearing a lawyer's robe and a band despite being a petitioner in-person. A bench of Justices Surya Kant and Ujjal Bhuyan issued limited notice on whether adverse remarks made by the high court against advocate Mehmood Pracha need to be expunged. "Issue notice for the limited purpose as to why the observations made by the high court against the petitioner be not expunged and why the order imposing cost be not set aside, returnable on December 9, 2024. "Meanwhile, the impugned order dated September 10, 2024, to the extent of imposition of cost shall remain stayed," the bench directed. Pracha moved the top court against an order of the Allahabad High Court which found him guilty of wasting "precious time" for filing a petition which was already filed before Delhi High Court. The high court had also noted that Prac

Why video conference not used for production of accused: SC to Maha secy

The Supreme Court has directed the Maharashtra home secretary to apprise why video conferencing facilities are not being used for the production of the accused in court to record evidence. A bench of Justices Rajesh Bindal and R Mahadevan asked the secretary to file an affidavit in this regard within two weeks. "Let the secretary home, state of Maharashtra file an affidavit as to why video conferencing facilities are not being used for production of accused in court for the purpose of recording of evidence or otherwise? "He/she shall also state in the affidavit as to whether such facilities are in place in the state of Maharashtra or not? It shall also be pointed out in the affidavit as to how much of amount was released for installation of video conferencing in the courts and the jails and what is the present ground situation," the bench said. During the hearing, when the court asked the counsel for the state why the accused was not produced, he could not offer any explanation. T

Stubble burning cases reported in Punjab, Haryana despite SC's criticism

Supreme Court on October 23 criticised the Haryana and Punjab governments for failure to take action against stubble burning

Delhi riots case: Expeditiously hear Sharjeel Imam bail plea, says SC

The Supreme Court on Friday told the Delhi High Court to expeditiously hear the bail plea of student activist Sharjeel Imam in an Unlawful Activities Prevention Act (UAPA) case related to Delhi riots which took place in February 2020. A bench of Justices Bela M Trivedi and S C Sharma said it was not inclined to entertain the plea, which also sought bail under Article 32 of the Constitution. Imam's counsel, senior advocate Siddharth Dave, said the bail plea had been pending since 2022 while clarifying he was not pressing for bail at the present stage. The top court noted the high court would be hearing the case on November 25. "This being the writ petition filed under Article 32 of the constitution, we are not inclined to entertain the same. However, petitioner shall be at liberty to request the high court to hear the bail application as expeditiously as possible preferably on November 25, as fixed by the high court. The high court shall consider the said request," held the bench.

Journalists no longer need law degrees to cover Supreme Court, CJI rules

This change aims to broaden the scope for journalists without legal backgrounds, empowering more voices to report on India's top court

Aadhaar card not a valid document for determining someone's age: SC

The Supreme Court on Thursday set aside an order of the Punjab and Haryana High Court which had accepted Aadhaar card for determining the age of a road accident victim to grant compensation. A bench comprising Justices Sanjay Karol and Ujjal Bhuyan, therefore, said the age of the deceased had to be determined from the date of birth mentioned in the school leaving certificate under Section 94 of the Juvenile Justice (Care and Protection of Children) Act, 2015. "We find that the Unique Identification Authority of India, by way of its circular number 8 of 2023, has stated, in reference to an office memorandum issued by the Ministry of Electronics and Information Technology dated December 20, 2018, that an Aadhaar Card, while can be used to establish identity, is not per se proof of date of birth," noted the bench. When it came to determining the age, the top court accepted the contention of the claimant-appellants before it and upheld the judgment of the Motor Accident Claims Tribunal

Justice Sanjiv Khanna is new Chief Justice of India, to take oath on Nov 11

Justice Sanjiv Khanna was on Thursday appointed the 51st Chief Justice of India. He will take oath on November 11, a day after incumbent Justice D Y Chandrachud demits office on attaining the age of 65. Justice Chandrachud took over as the CJI on November 8, 2022. Justice Khanna will have a tenure of a little over six months as CJI and would demit office on May 13, 2025. "In exercise of the power conferred by the Constitution of India, Hon'ble President, after consultation with Hon'ble Chief Justice of India, is pleased to appoint Shri Justice Sanjiv Khanna, Judge of the Supreme Court of India as Chief Justice of India with effect from 11th November, 2024," Law Minister Arjun Ram Meghwal posted on X.

Those affected can come to court: SC on contempt against state demolitions

The Supreme Court on Thursday refused to entertain a plea alleging contempt of its order on demolition of properties by the authorities in Uttarakhand, Rajasthan and Uttar Pradesh. A bench of Justices B R Gavai, P K Mishra and K V Viswanathan said it was not inclined to entertain the plea filed by the petitioner who was not directly or indirectly related to the alleged act. "We don't want to open a pandora's box," said the bench, adding, "Let the persons who are affected by demolition come to the court". The petitioner's counsel alleged the authorities in Haridwar, Jaipur and Kanpur had demolished properties in contempt of the apex court's order which had said demolition would not be carried out without its permission. "The Supreme Court's order was categorical that without the leave of this court, no demolition would be carried out," the counsel said. He alleged in one of these cases, the property was demolished soon after an FIR was lodged. Additional Solicitor General K M Nata

SC rejects plea alleging contempt of demolition order by three states

The Supreme Court on Thursday refused to entertain a plea alleging contempt of its order on demolition of properties by the authorities in Uttarakhand, Rajasthan and Uttar Pradesh. A bench headed by Justice B R Gavai and comprising Justices P K Mishra and K V Viswanathan said it was not inclined to entertain the plea filed by the petitioner who was not directly or indirectly related to the alleged act. "We don't want to open a pandora box," said the bench. The court said it will hear those affected by the demolition of properties. The petitioner alleged that authorities in Haridwar, Jaipur and Kanpur had demolished properties in contempt of the apex court's order which had said that demolitions would not be carried out without its permission. The top court had earlier 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. The apex court had said in its Septembe

Will hand over next tranche of land for new Bombay HC by Dec: Maha govt

The Maharashtra government on Thursday told the Supreme Court that it will hand over the next tranche of land by December for construction of the Bombay High Court's new building complex in Mumbai's Bandra region. The state government also informed a special bench comprising Chief Justice D Y Chandrachud and Justices B R Gavai and JB Pardiwala that so far it has not received the possession of the Air India building in south Mumbai where the mediation centre of the Bombay High Court is proposed to be shifted. The state government said possession of 30.16 acre of land will be handed over to the high court in a phased manner, adding the first tranche measuring 4.39 acres has already been given. Next tranche of land will be made available by December, Birendra Saraf, Advocate General of the state government, told the bench. The law officer also said a judges committee headed by the chief justice of the Bombay High Court has fixed the next meeting with state officials on November 12-13

Supreme Court Bar objects to new Lady Justice statue without blindfold

The new statue, with open eyes, symbolises that Indian law is guided by awareness and vision, unlike the traditional blindfolded Lady Justice

Apex court upholds states' right to regulate taxes on industrial alcohol

The verdict is likely to impact entities involved in the industrial alcohol sector, who will now have to anticipate future regulatory changes

SC curtails Centre's authority on industrial alcohol; overturns 1990 ruling

Chief Justice DY Chandrachud, writing for himself and seven other judges, declared that the central government does not possess regulatory authority over industrial alcohol

SC defers hearing on pleas for criminalising marital rape by 4 weeks

Chief Justice D Y Chandrachud, who is demitting office on November 10, Wednesday deferred by four weeks hearing on pleas challenging the immunity granted to husbands in cases of marital rape. At the outset, a bench comprising the CJI and justices JB Pardiwala and Manoj Misra, which commenced final hearing on October 17 on the pleas, asked lawyers about the time they would be needing individually to argue. Senior advocate Gopal Sankaranarayanan, appearing for a party, said he will take at least a day to complete his submissions as he did not want to stifle the elaborate pleadings needed to be advanced in an important matter like this. Solicitor General Tushar Mehta, appearing for the Centre, senior advocates Rakesh Dwivedi, who represents Maharashtra, and Indira Jaising, representing a woman, also said they would need a day each to argue. The apex court, which is closing for Diwali vacation on October 26, reopens on November 4 and the CJI will be effectively left with five working d

'Not aware of need for court approval': Delhi LG tells SC on tree felling

On October 16, the Supreme Court gave Delhi Lieutenant Governor VK Saxena an October 22 deadline to take action against DDA officials for the illegal felling of trees

SC slams centre for ineffective 'toothless' environmental laws, penalties

The Supreme Court on Wednesday pulled up the Centre for making the environment protection law toothless, and said the provision under the CAQM Act which deals with penalty for stubble burning was not being implemented. A bench of Justices Abhay S Oka, Ahsanuddin Amanulllah and Augustine George Masih said the Commission for Air Quality Management in National Capital Region and Adjoining Areas Act of 2021 (CAQM Act) was enacted without creating required machinery for implementing the provision to curb air pollution. Additional Solicitor General Aishwarya Bhati, appearing for the Centre, said section 15 of the CAQM Act, which deals with penalty for stubble burning, will be implemented effectively as regulations for it will be issued in 10 days. She submitted that an adjudicating officer will be appointed and all necessary actions will be taken to enforce the law effectively. Bhati pointed out that the Commission for Air Quality Management (CAQM) has issued notices to senior ...