Page 108 - Supreme Court

AERA's appeal against TDSAT order over levying of tariff maintainable: SC

The Supreme Court on Friday held the Airports Economic Regulatory Authority (AERA), which regulates the aeronautical charges, can file an appeal against the orders of Telecommunications Dispute Settlement and Appellate Tribunal (TDSAT). A bench comprising Chief Justice of India D Y Chandrachud and Justice J B Pardiwala and Manoj Misra said the appeals filed by AERA against a TDSAT order, which held that the authority cannot impose tariffs on ground and cargo handling services, were maintainable. AERA, the top court said, has a statutory duty to regulate tariff upon a consideration of multiple factors to ensure that airports were run in an economically viable manner without compromising on the interests of the public. "When AERA determines the tariff for aeronautical services in terms of Section 13(1)(a) of the AERA Act, it is acting as a regulator and an interested party. It is interested not in a personal capacity. Its interest lies in ensuring that the concerns of public interest.

SC recalls 2022 verdict terming benami law provisions 'unconstitutional'

In a significant development, the Supreme Court on Friday recalled its 2022 verdict that had declared as unconstitutional two provisions of the law on prohibition of benami property transactions that restrains such deals and acquisition of properties by authorities. Allowing the Centre's review of the August 23, 2022 verdict, a bench Chief Justice of India (CJI) D Y Chandrachud, Justices P S Narasimha and Manoj Misra recalled the judgement delivered by a three-judge bench headed by former CJI N V Ramana. In its August 2022 verdict, the top court had then held that Sections 3(2) and 5 of the Prohibition of Benami Property Transactions Act, 1988 being "manifestly arbitrary" were unconstitutional. While Section 3 of the Act deals with prohibition of benami (a property held by a person through proxies) transactions, Section 5 pertains to property of benami liable to acquisition. On Friday, the top court agreed with the submissions of Solicitor General Tushar Mehta, who appeared for the

SC lifts stay on proceedings against Ram Rahim in 2015 sacrilege case

Dera Chief Gurmeet Ram Rahim Singh is currently serving a 20-year jail sentence for his conviction in a rape case and has also been found guilty of murder

SC junks plea for cases' disposal within fixed time, says 'not American SC'

The Supreme Court on Friday said it was not the American Supreme Court as it dismissed a plea seeking directions for the disposal of cases pending before all the courts in the country within a fixed time frame. A bench of Chief Justice of India D Y Chandrachud, Justices J B Pardiwala and Manoj Misra observed that the plea sought disposal of all cases in courts, including the apex court, between 12 and 36 months. "We are not the American Supreme Court," remarked the top court after the petitioner highlighted the presence of a time frame for disposal of cases in other countries. "You want hearing in all the cases to be disposed of within 12 months in the Supreme Court?" the bench questioned the petitioner. The CJI then remarked although it was "very desirable" the same was "unachievable". He added several things were required for such an exercise, which included enhancing the infrastructure and increasing in the number of judges. The top court questioned the petitioner whether he wa

SC upholds anticipatory bail to Bhavani Revanna in kidnapping case

The Supreme Court on Friday refused to set aside the anticipatory bail given to Bhavani Revanna, the mother of suspended JD(S) leader and rape accused Prajwal Revanna, in a kidnapping case while dismissing the Karnataka government's plea. In a setback to the Karnataka government, a bench of Justices Surya Kant and Ujjal Bhuyan took into account that the chargesheet had been filed in the case and refused to interfere with the Karnataka High Court order. During the hearing, the state government counsel, claimed the mother was directly involved in allegedly procuring women for her son. The apex court noted that the principal accused in the case had been arrested and put under custodial interrogation. After the Karnataka government sought the cancellation of the anticipatory bail to Bhavani, the top court on July 10, refused to set it aside and sought her response. The high court had on June 18 granted anticipatory bail to Bhavani emphasising she had already answered 85 questions duri

Supreme Court closes proceedings against Jaggi Vasudev's Isha Foundation

The Supreme Court on Friday closed the proceedings in a habeas corpus petition filed by a man who had alleged that his two daughters were held captive inside the premises of spiritual leader Jaggi Vasudev's Isha Foundation at Coimbatore. A bench headed by Chief Justice D Y Chandrachud noted that both the women were major and have stated that they were residing at the ashram voluntarily and without any coercion. A habeas corpus petition is filed seeking direction to produce before the court a person who is missing or has been illegally detained. The bench, also comprising Justices JB Pardiwala and Manoj Misra, also noted that in pursuance of its October 3 order, the police has submitted a status report before it. The bench observed it would be unnecessary for the apex court to expand upon the ambit of these proceedings which arises from a habeas corpus petition which was initially filed before the Madras High Court. On October 3, the top court had effectively halted the police prob

Supreme Court rejects petition for regulatory body over OTT platforms

The Union of India and the Ministry of Information and Broadcasting introduced IT Rules 2021 to self-regulate OTT platforms however the same has been inefficient, the petition stated

Supreme Court grants bail to MLA Abbas Ansari in money laundering case

The Supreme Court on Friday granted bail to MLA Abbas Ansari in connection with a money laundering case. Abbas Ansari is the son of gangster-politician and former MLA Mukhtar Ansari, who died in jail a few months ago. A bench of Justices M M Sundresh and Pankaj Mithal gave the relief to Ansari. The apex court on August 14 had issued notice to the Enforcement Directorate (ED) and sought its reply on the appeal filed by Ansari challenging an order of the Allahabad High Court which rejected his bail. The high court on May 9 had dismissed Ansari's bail plea. Considering the material available on record, including the flow charts which clearly demonstrate the origin of funds and also explains how the funds found their way into the accounts of the accused Ansari, this court finds him not entitled for a bail at this stage, the high court had said. The high court had also mentioned in its order that the money trail links Ansari with the movement of funds to and from the two firms -- M/s

Child marriage prevention cannot be undermined by personal laws: SC

Authorities should focus on preventing child marriages and protecting vulnerable minors, with penalising offenders being a last resort: Supreme Court

Kapil Sibal hails Supreme court ruling on Section 6A of Citizenship Act

Rajya Sabha MP Kapil Sibal on Friday hailed the Supreme Court upholding the constitutional validity of Section 6A of the Citizenship Act, saying it is a message to all that "live and let live" and conserve the culture of a multicultural and plural nation that India is. In a significant judgement, the Supreme Court on Thursday upheld the constitutional validity of Section 6A of the Citizenship Act which grants Indian citizenship to immigrants from Bangladesh who entered Assam before March 25, 1971. Chief Justice of India (CJI) D Y Chandrachud and Justices Surya Kant, M M Sundresh, and Manoj Misra further underscored the necessity for more robust policy measures to curb illegal immigration. In a post on X, Sibal said, "Citizenship Act, 1955, Section 6-A, upheld by Supreme Court. Message to all: 'Live and let live'. Conserve the culture of a 'multicultural and plural nation that India is'. "Bhakts listening? Bajrang Dal listening? Governments listening? Hope so!" Sibal said. Section

Next Chief Justice of India Sanjiv Khanna to have six-month tenure

He was appointed as an Additional Judge of the Delhi High Court on June 25, 2005 and became a permanent judge on 20 February 2006

Who is Justice Sanjiv Khanna, India’s next Chief Justice?

Chief Justice of India DY Chandrachud has named Justice Sanjiv Khanna as his successor. He will become the 51st Chief Justice of India after CJI Chandrachud retires on November 10, 2024.

Rationality of Assam Accord re-established: AASU after SC judgement

The All Assam Students' Union (AASU), one of the signatories of the Assam Accord of 1985, on Thursday welcomed the Supreme Court judgement regarding the pact's cut-off date and said it re-established the "rationality" of the historic agreement. Hours after the apex court pronounced its judgement, AASU welcomed the verdict and said it is the victory of the struggling people of Assam who have stood selflessly in favour of the Assam Accord for the past four decades. In a majority verdict, the Supreme Court on Thursday upheld the constitutional validity of Section 6A of the Citizenship Act which grants Indian citizenship to immigrants who came to Assam between January 1, 1966 and March 25, 1971. A five-judge Constitution Bench, headed by Chief Justice D Y Chandrachud, said the Assam Accord was a political solution to the problem of illegal migration. "This verdict re-established the rationality of the Assam movement and the Assam Accord. We pay tribute to the martyrs on this historic .

SC upholds validity of Section 6A, India hits out at Canada, Hyundai IPO & more

Today, the Supreme Court upheld the validity of Section 6A of the Citizenship Act, 1955, allowing citizenship for immigrants who entered Assam before January 1, 1966.

Supreme Court slams Punjab, Haryana over stubble burning as pollution levels rise

As Delhi braces for the usual winter smog, the Supreme Court on October 16 came down heavily on the states of Punjab and Haryana for being lackadaisical in resolving the issue of stubble burning.

Marital rape: SC to decide validity of laws granting immunity to husbands

The Supreme Court on Thursday said it will decide the constitutional validity of penal provisions in the Indian Penal Code (IPC) and the Bharatiya Nyaya Sanhita (BNS) which grant immunity from prosecution to a husband for the offence of rape if he forces his wife, who is not a minor, to have sex with him. A bench of Chief Justice of India D Y Chandrachud and Justices J B Pardiwala and Manoj Misra sought views of the petitioners on Centre's contention that making such acts punishable would severely impact the conjugal relationship and cause serious disturbances in the institution of marriage. Senior advocate Karuna Nundy, appearing for one of the petitioners, opened the arguments and referred to the provisions of the IPC and BNS on marital rape. "It is a constitutional question. There are two judgments before us and we have to decide. The core issue is of the constitutional validity (of the penal provisions)," the CJI said. Nundy said the court must strike down a provision, which wa

SC to consider plea for restoration of Jammu and Kashmir's statehood

The Supreme Court on Thursday said it will consider listing a plea seeking time-bound restoration of statehood to Jammu and Kashmir. Senior advocate Gopal Sankaranarayanan, appearing for applicants, urged a bench comprising Chief Justice of India (CJI) D Y Chandrachud and Justices J B Pardiwala and Manoj Misra that the plea needed an urgent hearing. "There is an MA (Miscellaneous Application) for conferring statehood. It was noted (in last year's judgement) that it has to be time-bound," the senior lawyer said. "I will deal with it," the CJI said. The fresh application was filed by Zahoor Ahmad Bhat, an academician, and Khurshaid Ahmad Malik, a socio-political activist, in Jammu and Kashmir. On December 11, 2023, the Supreme Court had unanimously upheld the revocation of Article 370 of the Constitution, which accorded a special status to the erstwhile state of Jammu and Kashmir, in 2019 and ordered that assembly elections be held there by September 2024. The court had also said th

Supreme Court to hear plea for restoration of Jammu and Kashmir's statehood

The Supreme Court had previously ordered that Assembly elections in Jammu and Kashmir be conducted before considering the pending petitions

SC upholds Section 6A of the Citizenship Act: Key facts explained

The Supreme Court has upheld Section 6A of the Citizenship Act, confirming its constitutional validity and its application in Assam. Watch the video to know more.

Supreme Court declares Section 6A of Citizenship Act, 1955 constitutional

'We cannot allow one to choose their neighbours and it runs against the principle of fraternity. The principle is live and let live,' the SC observed