Page 115 - Supreme Court

Why did Brazil suspend Elon Musk's X operations? The legal ruling explained

The Brazilian Supreme Court's ruling mandates X to meet legal requirements, settle fines, and appoint a legal representative before resuming operations

SC collegium denies Justice Shamim's request, repeats transfer to Madras HC

Declining Allahabad High Court judge Justice Shamim Ahmed's request for reconsideration of his transfer to the Madras High Court, the Supreme Court Collegium on Friday reiterated his transfer for better administration of justice. According to a resolution uploaded on the apex court website, on August 21, 2024, the Collegium, headed by Chief Justice D Y Chandrachud and comprising Justices Sanjiv Khanna, B R Gavai, Surya Kant and Hrishikesh Roy, proposed the transfer of Justice Ahmed. "In terms of the Memorandum of Procedure, we have consulted one of the Judges of the Supreme Court who, being conversant with the affairs of the High Court of Judicature at Allahabad, is in a position to offer views on the proposed transfer. "We have also consulted the Chief Justice of the High Court of Judicature at Allahabad and the Acting Chief Justice of the Madras High Court. Mr Justice Shamim Ahmed, however, by a representation dated 22 August 2024 has requested reconsideration of the proposal for

SC reserves verdict on ineligible arbitrator's ability to nominate another

The Supreme Court on Friday reserved its verdict on the vexed legal question of whether a person ineligible to become an arbitrator can nominate another as one. Before the arguments concluded, Solicitor General Tushar Mehta told a five-judge constitution bench headed by Chief Justice D Y Chandrachud that the focus should be on ensuring that arbitration as a mechanism to resolve disputes was strengthened. During the arguments on Friday, the bench heard the submissions of several lawyers including senior advocates Mahesh Jethmalani, N K Kaul and Gourab Banerji. "This is an issue where our focus on this side should be to ensure that arbitration as a mechanism is strengthened and, therefore, I started by saying that any arguments on either of the extremes would do harm to the cause which we are all concerned with," Mehta told the bench, also comprising justices Hrishikesh Roy, P S Narasimha, J B Pardiwala and Manoj Misra. The top court had on August 28 commenced hearing arguments on th

Will make proposal on financial aid to rescued bonded labourers: NHRC to SC

The National Human Rights Commission (NHRC) on Friday told the Supreme Court it would hold discussion with stake holders and come out with a "concrete proposal" to resolve the issue of immediate financial assistance to the rescued bonded labourers. A bench of Justices B R Gavai and K V Viswanathan was hearing a petition seeking enforcement of the fundamental rights of people trafficked as bonded workers. The issue of immediate financial assistance to them cropped up during the arguments in the matter. Senior advocate H S Phoolka, appearing for one of the petitioners, said not even 10 per cent of such labourers were paid financial assistance or compensation. He said the petitioner organisation has rescued around 11,000 children but financial assistance was paid to only 719 of them. The counsel appearing for the NHRC said she can sit with the stake holders and discuss this issue. The bench told the NHRC counsel to hold talks with the petitioners and other stake holders finalise the

Telangana CM apologises to Supreme Court for comment over Kavitha's bail

Telangana Chief Minister Revanth Reddy tendered an apology to the Supreme Court on Friday after the apex court expressed strong displeasure over the Telangana Chief Minister's statement that he gave on the top court granting bail to BRS leader K Kavitha.In a post on X, CM Reddy said, "I have the highest regard and full faith in the Indian Judiciary. I understand that certain press reports dated 29th August, 2024 containing comments attributed to me have given the impression that I am questioning the judicial wisdom of the Hon'ble Court."He further stated that he was a firm believer in the Constitution and its ethos and hold the Judiciary in high esteem."I reiterate that I am a firm believer of the judicial process. I unconditionally express my regret for the statements reflected in the press reports. The remarks attributed to me in such reports have been taken out of context. I have unconditional respect & highest regard for the Judiciary & its independence. As a firm ...

SC to hear Punjab's plea for release of rural development funds on Sept 2

The Supreme Court on Friday said it will hear on September 2 an interim plea of the AAP-led Punjab government seeking release of over Rs 1,000 crore urgently from the Centre on account of alleged dues pertaining to the Rural Development Fund. A bench comprising Chief Justice D Y Chandrachud and Justices J B Pardiwala and Manoj Misra was told by lawyer Shadan Farasat, appearing for the state government, that the apex court website does not show the matter listed in the list of business of September 2. The lawyer said he was assured that the matter will be listed on that day. We will see, the CJI said, adding the matter will be taken up. The state government has filed an interlocutory application (IA), in a pending lawsuit against the Centre, and has sought urgent release of over Rs 1,000 crore as an interim measure. The Bhagwant Mann government, in 2023, had moved the top court alleging non-release of the Rural Development Fund (RDF) and withholding a portion of the market fee by t

Ceiling on net borrowing: SC to set up 5-judge bench to hear Kerala's plea

The Kerala government on Friday moved the Supreme Court seeking early setting up of a five-judge Constitution bench to hear its lawsuit against the Centre raising the issue of ceiling on net borrowing. The state government has raised a question whether a State has an enforceable right to raise its borrowing limits from the Union government and other sources. A bench comprising Chief Justice D Y Chandrachud and Justices JB Pardiwala and Manoj Misra was told by senior lawyer Kapil Sibal, appearing for the state government, that the matter was referred to a Constitution bench on April 1 and the apex court official was not sending an email for setting up of the bench. I will look into it, the CJI said. A bench of Justices Surya Kant and K V Viswanathan on April 1 had referred the matter to a five-judge Constitution bench and this can now be set up by the CJI by an administrative order. The apex court, however, had refused to grant any interim injunction to Kerala, saying the state has

Supreme Court rebukes CM Revanth Reddy's remarks on K Kavitha's bail

Telangana Chief Minister Revanth Reddy questioned the speed at which the SC granted bail to Kavitha, compared to Delhi ministers Manish Sisodia and Arvind Kejriwal in the Delhi liquor case

Record 83,000 cases pending in Supreme Court despite higher judge count

Despite an increase in judges, the Supreme Court's case backlog has grown eightfold in the past decade, reaching a record high of nearly 83,000 cases

Supreme Court to hear curative pleas from telecom operators on AGR Dues

Supreme Court will consider curative petitions from Bharti Airtel and Vodafone Idea, among other telcos, in a closed session on Friday

Transgender identity certificate will be treated as valid document: Centre

The Centre has told the Supreme Court that a 'certificate of identity' issued by the district magistrate under the Transgender Persons (Protection of Rights) Act, 2019 will be treated as valid documentation for applying for a PAN card. A bench of Justices Sudhanshu Dhulia and Ahsanuddin Amanullah said the Union of India has in principle accepted this request and the Union government may consider incorporating it in the rules as well in order to bring clarity. "During the pendency of this petition, we sought a reply from Union of India, who has been very supportive in this matter and by and large has accepted all the demands which have been raised in the present petition including the one, that the certificate to be issued under Section 6/7 of the Transgender Persons (Protection of Rights) Act, 2019 will be acceptable, if it is given by the district magistrate," the bench noted. Sections 6 and 7 of the Transgender Persons (Protection of Rights) Act, 2019 deal with the issue of ...

Will appoint prosecutor to conduct trial in 2015 cash-for-vote scam: SC

The Supreme Court on Thursday said it will appoint a special prosecutor to conduct trial in the 2015 cash-for-vote scam case in which Telangana Chief Minister A Revanth Reddy is an accused. The top court was hearing a petition seeking transfer of the trial in the case from the state to Bhopal. A bench of Justices B R Gavai, P K Mishra and K V Viswanathan said it will consult colleagues from Telangana and pass an order at 2 pm. At the outset, senior advocate C Aryama Sundaram, appearing for Bharat Rashtra Samithi (BRS) MLA Guntakandla Jagadish Reddy and three others, sought transfer of trial saying the Telangana CM has been publicly making statements on the case. "Only on apprehension, how can we entertain...If we entertain such petitions, we will be disbelieving our judicial officers," the bench observed. Sundaram submitted that Telangana CM is himself the Home Minister. "There is a rule of natural justice that no person should be a judge in his own cause," he said. The bench t

What did the Supreme Court say while granting bail to K Kavitha? | Excise policy case |liquor policy

The Supreme Court granted bail to BRS leader K Kavitha on August 27 in the liquor policy case. What did the top court say while granting the bail? Watch the video to find out.

SC-appointed SIT on black money asks probe agencies to coordinate with ED

The Supreme Court-appointed Special Investigation Team (SIT) on black money on Wednesday stressed the need to regulate online gambling and rising narcotic trade and asked anti-corruption probe agencies to coordinate with Enforcement Directorate (ED) and Income Tax for better results. SIT vice-chairman Justice (Retd) Arijit Pasayat made this remark after a meeting with various stakeholders, including ED director Rahul Navin, Central Board of Direct Taxes (CBDT) chairman Ravi Agrawal, and senior officials from state vigilance, customs, and excise. He also indicated that the SIT is expected to submit its ninth interim report to the Supreme Court within a fortnight to a month. To date, the panel has already submitted eight reports. "We have consistently argued that corruption should not be limited to the Prevention of Corruption Act alone. It must also be addressed under Income Tax laws and the Money Laundering Act, as black money represents undisclosed income," Justice Pasayat said. H

Bail is the rule, jail is exception, even under special laws like PMLA: SC

The Supreme Court reaffirmed that bail should be the norm even under stringent laws like the PMLA and UAPA, stressing that individual liberty remains paramount

Delhi excise scam: Court issues release warrant for BRS leader K Kavitha

A Delhi court on Tuesday issued release warrants for BRS leader K Kavitha in corruption and money laundering cases related to alleged Delhi excise policy scam. Special Judge Kaveri Baweja issued the order after being informed that the politician was granted bail earlier in the day by the Supreme Court in both the cases. The judge granted relief on a personal bond of Rs 10 lakh each in both the cases along with sureties. An apex court bench noted that Kavitha has been in custody for around five months and the probe against her by the Central Bureau of Investigation (CBI) and the Enforcement Directorate (ED) was complete in these cases. The apex court set aside a July 1 Delhi High Court order denying her bail. The high court had dismissed Kavitha's bail pleas in both cases, saying she was prima facie one of the main conspirators in the criminal conspiracy related to the formulation and implementation of the now-scrapped Delhi Excise Policy 2021-22. The ED arrested Kavitha (46) from

SC-appointed task force for doctors' safety, security holds first meeting

The ten-member NTF deliberated on some of the inputs and representations that it has received for improving the safety, security, and working conditions of healthcare workers at medical establishments

SC stays Ayush Ministry's notification in Patanjali misleading ads case

'Rule 170 of Drugs and Cosmetic Rules 1945, which deals with prohibition of misleading advertisement of Ayurveda, Siddha or Unani drugs, shall remain in the statute book'

SC stays notice omitting rule against misleading Ayurvedic advertisements

Rule 170 of Drugs and Cosmetic Rules was meant to prohibit misleading advertisements of Ayurvedic, Siddha and Unani drugs. The Ministry of Ayush on July 1 by a notification, omitted the Rule 170 of 19

SC orders retrospective bail relief for first-time offenders. Details here

Under this ruling, first-time offenders in ongoing criminal cases can now seek bail under the BNSS provisions, significantly reducing the required detention period before release