Page 113 - Supreme Court

'Can't call any part of India as Pakistan': CJI pulls up Karnataka HC judge

'No one can call any part of India as Pakistan. This is fundamentally against the territorial integrity of the nation', said CJI DY Chandrachud

SC closes proceedings initiated over comments made by Karnataka HC judge

The Supreme Court on Wednesday closed suo motu proceedings initiated over alleged objectionable comments made by a Karnataka High Court judge during court proceedings. A five-judge bench headed by Chief Justice D Y Chandrachud noted that Karnataka High Court judge Justice Vedavyasachar Srishananda, who had made those observations, had on September 21 tendered an apology for his comments in the open court there. "We can't call any part of the territory of India as Pakistan," the CJI observed. The bench, also comprising Justices Sanjiv Khanna, B R Gavai, Surya Kant and Hrishikesh Roy, observed that courts have to be careful not to make comments in the course of judicial proceedings which may be construed as being misogynistic or for that matter prejudicial to any segment of the society. "Casual observations may well reflect a certain degree of individual bias particularly when they are likely to be perceived as being directed to a particular gender or community," the bench said. The

SC slams NRI quota admissions as 'fraud', dismisses pleas against HC order

'We must stop this NRI quota business now. This is complete fraud and this is what we are doing to our education system', said the Supreme Court of India

SC discarded 573 tax cases post-revision in appeal filing: Finance ministry

The finance ministry on Tuesday said the Supreme Court has disposed of 573 direct tax cases after the monetary limits for filing appeals were revised in the Budget. The Union Budget 2024-25 provided for an enhanced monetary limit for filing appeals related to direct taxes, excise and service tax in the tax tribunals, high courts and the Supreme Court and the limits were increased to Rs 60 lakh, Rs 2 crore, and Rs 5 crore, respectively. "The Hon'ble Supreme Court today disposed of 573 direct tax cases where the tax effect is less than Rs 5 crore, in view of the revised monetary limit of filing of appeals," the finance ministry said. This significant milestone aligns with the government's efforts to reduce tax litigation and promote ease of doing business, it added. As a result of these revised limits, it is estimated that about 4,341 cases will be withdrawn from various judicial forums over the course of time. This includes ITAT: 717 cases, high courts: 2,781 cases and Supreme Court

SC rejects Amit Goenka's plea against KPMG as auditor in Shirpur Gold case

The bench consisting of Justice Hrishikesh Roy said they found no infirmity with the Bombay High Court order of August 14, which had dismissed Goenka's plea

SC seeks response from 11 states on plea asking setting up of RTI portals

The Supreme Court has sought responses from 11 states, including Andhra Pradesh and Jharkhand, on a plea alleging that they are yet to set up Right to Information (RTI) portals under the transparency law in pursuance of a 2023 judgment. In the landmark judgment, the top court had on March 20 last year directed all states, Union territories and high courts to set up RTI websites within three months, saying the online facilities would considerably facilitate the fulfilment of the objects of the Right to Information Act, 2005. On Monday, a bench comprising Chief Justice D Y Chandrachud and Justice J B Pardiwala took note of the submissions of a lawyer, representing petitioner Anuj Nakade, that as many as 11 states have not set up their RTI websites. "Counsel appearing on behalf of the petitioner states that the following states and Union territories have yet to comply with the judgment of this court dated 20 March 2023 requiring the setting up of online RTI portals: Andhra Pradesh, ...

Sub-classification of SCs for quota: SC to consider in chambers review

The Supreme Court is scheduled to consider in-chambers on Tuesday a batch of pleas seeking review of its judgement which held that states are constitutionally empowered to make sub-classifications within the Scheduled Castes, which form a socially heterogeneous class, for granting reservation. As per the cause list, 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 is likely to take up the matter at 1.35 pm. On August 1, the top court had held that states are constitutionally empowered to make sub-classifications within the Scheduled Castes, which form a socially heterogeneous class, for granting reservation for the uplift of castes that are socially and educationally more backward. The apex court, however, made it clear that states have to make sub-classification on the basis of "quantifiable and demonstrable data" of backwardness and representation in ...

What did the Supreme Court say on child pornography: Key highlights

The Supreme Court of India recently made a landmark ruling on child pornography, overturning a previous ruling by the Madras High Court. Watch the video to know the latest updates.

Widening of NRI quota: Supreme Court junks Punjab's plea against HC verdict

The Supreme Court on Tuesday dismissed the Punjab government's appeal against a high court verdict quashing its decision to expand the definition of NRI quota' for admissions in undergraduate medical and dental courses in the state. "This fraud must come to an end now," the apex court said. On September 10, the Punjab and Haryana High Court trashed the AAP-led state government's August 20 move extending the ambit of the NRI quota to include distant relatives "such as uncles, aunts, grandparents, and cousins" of NRIs for admissions under 15 percent quota for this group in admissions in medical colleges. "This is nothing but a money spinning machine, observed a bench of Chief Justice D Y Chandrachud and Justices J B Pardiwala and Manoj Misra. "We will dismiss all the petitions. This NRI business is nothing but a fraud. We will put an end to all this.... now the so called precedents must give way to primacy of law," said the bench. Terming the high court verdict "absolutely right", th

Excise 'scam': SC refuses urgent hearing on Dhall's plea against HC order

The Supreme Court on Tuesday refused to grant urgent hearing on a plea filed by businessman Amandeep Singh Dhall, who has challenged the Delhi High Court's verdict denying him bail in a corruption case linked to the alleged excise policy scam. A bench of Justices Surya Kant and Ujjal Bhuyan declined the request of senior advocate Abhishek Singhvi, appearing for Dhall, who mentioned the matter for early hearing of the plea. "We have to think about poor litigants also. We cannot just bypass procedure of the Supreme Court," the bench said. At the outset, Singhvi said Dhall has been in custody for a long period. "He got regular bail in the money laundering case filed by the Enforcement Directorate case. The findings in a more stringent Prevention of Money Laundering Act case in my favour. I am also seeking interim bail," Singhvi said. The top court said it will take up the matter in October second week. The apex court had on September 17 issued notice to the Central Bureau of ...

Row over OBC list: WB seeks early hearing of its plea against HC verdict

The West Bengal government on Tuesday sought an urgent hearing on its plea in the Supreme Court against a Calcutta High Court verdict striking down the OBC status of several castes, mostly Muslim groups, for granting reservation to them in public sector jobs and state-run educational institutions. The top court bench headed by Chief Justice D Y Chandrachud was told by senior advocate Kapil Sibal, appearing for the Trinamool Congress-led state government, that the plea along with other petitions needed to be heard as the issues like issuance of OBC certificate is stalled. The senior counsel said the authorities are unable to issue caste certificates to those seeking quota benefits in admissions, including entry to medical colleges. He said though the cases are listed for hearing in the day's list but they are unlikely to reach. The matters will be there in the board and will be taken up just after the bench concludes hearing the cases listed ahead of them, the CJI said. The case wa

Supreme Court refuses relief on valuation probe against Linde India

Sebi had directed NSE to carry out the valuation of the business by the company

'Not a western concept': SC stresses importance of sex education in India

The Supreme Court said that the perception that sex education is a western concept has resulted in opposition from several state govts, leading to bans on sex education in schools in certain states

State 'single litigant', should come with unified stand: Supreme Court

The State is a "single litigant" for the courts and it should come with a unified stand after taking on board all the departments concerned, the Supreme Court has said. The observation by a bench headed by Justice BR Gavai came while noting that there appeared to be some inter-se disputes between the forest and revenue departments of the Mizoram government in a matter pertaining to a May 1965 notification. The apex court noted a single judge of the Gauhati High Court's Aizawl bench, in January 2021, held the notification issued in the Assam Gazette dated May 19, 1965, "notifying the order passed by the chief executive officer, Mizo District Council, declaring forests located within half a mile on either side of the river Tuirial and 15 other rivers to be the Council Reserved Forest, is not sustainable in law". It said the state had preferred an appeal before a division bench of the high court but on November 9, 2022, it sought liberty to withdraw the appeal with the liberty to file

SC should take suo motu cognisance of Tirupati laddu adulteration row: VHP

The Vishva Hindu Parishad (VHP) on Monday appealed to the Supreme Court to take suo motu cognisance of Tirupati laddu adulteration allegations and launch a probe to identify the culprits. The Kendriya Margdarshak Mandal of VHP met at Tirupati and took this decision. It was attended by VHP's international secretary Bajrang Bagra and other pontiffs. VHP's decision comes in the wake of Andhra Pradesh Chief Minister N Chandrababu Naidu recently claiming that the previous YSRCP government did not even spare Sri Venkateswara Swamy temple and used substandard ingredients and animal fats for making the popular Tirupati laddus, known for their unique taste. "Supreme Court should take suo motu cognisance of this matter and investigate it in a definite time period to identify the culprits of this unforgivable crime and punish them stringently," said VHP in a release. Further, it noted there is no room for negligence and delay in this matter as such a scenario could result in nation-wide ...

SC to hear pleas against laws granting immunity to husbands in marital rape

The Supreme Court has said it listed for Tuesday pleas on the vexed legal question of whether a husband should enjoy immunity from prosecution for the offence of rape if he forces his wife, who is not a minor, to have sex. A bench of Chief Justice DY Chandrachud and Justice JB Pardiwala said the pleas were already "listed tomorrow" and they would be taken up after some part-heard cases. The pleas for early listing were mentioned by senior advocate Karuna Nundy, appearing for a litigant in the case. On September 18, senior advocate Indira Jaising, appearing for one of the litigants, mentioned that the pleas needed to be heard urgently. The top court on July 16 agreed to list for hearing the pleas on the legal question. The Chief Justice had indicated that the cases might be taken up on July 18. Under the exception clause of Section 375 of the Indian Penal Code (IPC), now repealed and replaced by the Bharatiya Nyaya Sanhita (BNS), sexual intercourse or sexual acts by a man with his

Kolkata doctor rape-murder case: SC to hear suo motu plea on October 1

The Supreme Court on Monday said it will hear on October 1 a case it has initiated on its own following the rape and murder of a resident doctor at the RG Kar Medical College and Hospital in Kolkata amid the ongoing protests by doctors in West Bengal. At the outset of the day's proceedings, a bench comprising Chief Justice D Y Chandrachud and Justice JB Pardiwala was urged by a counsel appearing for one of the parties that the suo motu case, which is listed for hearing on September 27, be heard next week due to some urgent reasons. "We will list it on hearing on next Tuesday that is October 1," the CJI said. The top court, on September 17, said it was disturbed by the findings given in a status report filed by the Central Bureau of Investigation (CBI) in the rape and murder case but refused to divulge the details. It had said any disclosure may jeopardise the ongoing investigation. It had also sought a status report from the CBI on its probe into financial irregularities allegedly

Watching, storing child pornography offence under Pocso Act: Supreme Court

The Supreme Court also recommended a shift in terminology from 'child pornography' to 'child sexually abusive and exploitative material'

Defamation complaint case: You cannot be touchy in politics, says SC

You cannot be "touchy" in politics, the Supreme Court observed while hearing Union Minister of State for Information and Broadcasting L Murugan's plea relating to a criminal defamation proceeding initiated against him. Murugan approached the apex court last year, challenging a September 5, 2023, Madras High Court order in which it had refused to quash the proceeding against him on a complaint filed by Chennai-based Murasoli Trust for his alleged defamatory statements during a December 2020 press conference. While agreeing to hear his petition on September 27 last year, the top court stayed the proceeding against Murugan that was pending in a special court in Chennai. The apex court had also sought the Trust's response on his plea challenging the high court order. When the matter came up for hearing before a bench of Justice BR Gavai and Justice KV Viswanathan on Friday, the counsel appearing for Murugan said, "Where is the question of defamation in this case?" The lawyer appearing

Services on Supreme Court's YouTube channel, which was hacked, resume

The services on the Supreme Court's YouTube channel, which was hacked on Friday, has resumed. "This is to inform all concerned that the YouTube channel of Supreme Court of India is live and up. The services on YouTube channel of Supreme Court of India has been resumed," said a notice uploaded on the apex court's website on Friday. The top court's YouTube channel was hacked on Friday and showed videos promoting a cryptocurrency developed by US-based company Ripple Labs. A blank video with the title "Brad Garlinghouse: Ripple Responds To The SEC's $2 Billion Fine! XRP PRICE PREDICTION" was live on the hacked channel. Later in the day, a notice posted on the apex court's website informed that the court's YouTube channel was taken down. "This is to inform all concerned that the YouTube channel of Supreme Court of India has been taken down. The services on YouTube channel of Supreme Court of India will be resumed shortly," said the notice posted on the top court's website earlier on ..