Page 14 - Supreme Court

Insolvency tribunals can't decide disputed ownership issues, says SC

SC rules insolvency tribunals cannot decide contested trademark ownership; parties must pursue IP rights in civil or commercial courts

SC says ECI must follow constitutional limits in voter roll revision

Chief Justice Surya Kant then raised concerns about transparency, noting that revisions under Section 21(3) could have serious civil consequences for voters

2000 Red Fort attack: SC seeks govt response on death row convict's plea

The Supreme Court has issued notice to the Delhi government on a curative petition filed by Lashkar-e-Taiba terrorist Mohd Arif against his death sentence

SC allows Hindu prayers, sets namaz timing at Bhojshala on Basant Panchami

The Supreme Court has allowed Hindu prayers from sunrise to sunset on Basant Panchami on Friday at the disputed Bhojshala-Kamal Maula Mosque in Madhya Pradesh's Dhar district, while permitting Muslims to offer namaz from 1 pm to 3 pm on the day. The top court on Thursday also directed that a list of persons from the Muslim community coming for namaz be given to the district administration. Hindu and Muslim groups have sought nod for religious activities at the Bhojshala complex on January 23, a Friday when Saraswati Puja will also be celebrated on the occasion of Basant Panchami. A bench comprising Chief Justice of India Surya Kant and Justices Joymalya Bagchi and Vipul M Pancholi made an appeal to both sides to observe mutual respect and cooperate with the state and district administration for maintenance of law and order. It directed the district administration to make law and order arrangements at the site for offering of prayers. Hindus consider Bhojshala, an Archaeological Su

SC dismisses plea to restrain Prasar Bharati calling BCCI team 'Team India'

Terming its "frivolous", the Supreme Court on Thursday dismissed a plea seeking to restrain public broadcaster Prasar Bharati, which operates Doordarshan and All India Radio, from referring to the BCCI's cricket team as "Team India". A bench comprising Chief Justice of India Surya Kant and Justices Joymalya Bagchi and Vipul M Pancholi upheld the Delhi High Court's October 8 order, which junked the PIL filed by advocate Reepak Kansal. "You just start sitting at home and draft petitions. What is the problem in all of this? Don't burden the court. The fact that exemplary cost was not saddled with has encouraged him to move this court," the bench observed. The plea argued that calling the Board of Control for Cricket in India (BCCI) "Team India" or the "Indian national cricket team" misleads the public and violates laws governing the use of national symbols. It claimed that, being a private entity, the BCCI should not be referred to as "Team India", "especially when there is no sanctio

SC refuses to issue omnibus directions to prevent stampede incidents

The Supreme Court on Friday refused to issue omnibus directions on a PIL seeking comprehensive directions to prevent stampedes during large public gatherings, including religious events, political rallies and yatras. A bench comprising Chief Justice Surya Kant and justices Joymalya Bagchi and Vipul M Pancholi permitted the petitioner to pursue the matter before the Union Ministry of Home Affairs (MHA) and the Election Commission. At the outset, the CJI raised fundamental questions about the scope of judicial intervention in matters involving crowd management and law and order. The bench noted that the petition filed by Tumbalam Gooty Venkatesh sought a direction to the Centre to frame and implement a binding standard operating procedure (SOP) for crowd management and safety for large public gatherings. "Similar directions have been sought to implement SOP in political rallies across the country during the model code of conduct. The petitioner has also sought formulation for nationa

Startups seek tax clarity after SC ruling on Tiger Global spooks investors

The startup group has asked the government to reassure global investors of a stable investment environment, asking it to issue a clarification that pre-2017 investments would not face taxes

SC issues notice to Delhi govt on plea of LeT terrorist in Red Fort case

The Supreme Court on Thursday agreed to hear the curative plea of Lashkar-e-Taiba (LeT) terrorist Mohammad Arif against the death penalty given to him in the 2000 Red Fort attack case that left three Army jawans dead. The top court had on November 3, 2022 dismissed the review plea of Arif in the case. Arif alias Ashfaq was awarded the death sentence by a trial court in October 2005 and the Delhi High Court had affirmed the view of the trial court in September 2007. He had then approached the apex court challenging the high court's verdict. The top court had in August 2011 affirmed the death sentence awarded to Arif. On Thursday, a special bench comprising Chief Justice Surya Kant and Justices Vikram Nath and JK Maheshwari took note of the submissions of the counsel which cited apex court judgements after the death sentence was upheld by dismissing the appeal and the review petition. "Issue notice," the CJI said. Curative petition is the last legal recourse available to a litigant

Steel minimum import price: SC overturns 2018 Delhi High Court order

The Supreme Court has ruled that minimum import price curbs on steel products take effect only from the date of gazette publication, granting relief to importers who entered contracts before the notif

Supreme Court to form expert panel to examine definition of Aravalli hills

The Supreme Court has invited suggestions to constitute an expert committee under its supervision to re-examine the definition of the Aravalli hills and address environmental concerns linked to mining

SC asks Centre, Delhi govt to submit action plan on CAQM's AQI measures

The Supreme Court on Wednesday directed the Centre, the Delhi government and other stakeholders to submit within four weeks their action plan on the central pollution watchdog's recommendations for long-term measures to improve the worsening Air Quality Index (AQI) in Delhi-NCR. A three-judge bench comprising Chief Justice of India Surya Kant and justices Joymalya Bagchi and Vipul M Pancholi took note of a status report filed by Additional Solicitor General Aishwarya Bhati, appearing for the Commission for Air Quality Management (CAQM). "The CAQM has recommended 15 long-term measures. CAQM has also identified the concerned agencies who are the competent ones to give effect to these long-term measures." "While in addition to the aforesaid measures by the CAQM, there might be some additional long-term measures required to be adopted. There can be no doubt that these long-term measures recommended by CAQM are required to be given effect with no delay. We therefore call upon the ...

SC flags 'irreversible damage', orders expert committee on Aravalli mining

The Supreme Court asked ASG Aishwarya Bhati and amicus curiae K Parameshwar to suggest names of environmentalists and mining experts within four weeks for a panel that will work under its supervision

SC sets aside HC order against Ambience Mall, rejects CBI probe plea

Supreme Court quashes 2020 HC order directing CBI probe into Ambience Mall, citing delay, lack of bona fides and forum shopping by petitioners

SC flags gaps in highway land compensation, asks Centre to revisit NH Act

Supreme Court flags unfair compensation regime under National Highways Act, says landowners are disadvantaged compared with other land acquisition laws

Supreme Court to close hate speech pleas, keeps Noida assault case pending

Supreme Court moves to close long-pending hate speech petitions but keeps Noida cleric assault case alive to monitor trial and state action

Can ED invoke Article 226? SC to decide if agency can file writ petitions

The Supreme Court will examine whether the Enforcement Directorate can invoke Article 226 to file writ petitions before High Courts, after appeals by Kerala and Tamil Nadu governments

SC missed chance to test federalism in Article 370 case: Salman Khurshid

Senior Congress leader Salman Khurshid said the Supreme Court missed a crucial chance to examine federalism in its "extreme form" in the Article 370 case after accepting the government's assurance on restoration of Jammu and Kashmir's full statehood. Speaking at the launch of two books by journalist-writer Bashir Assad, "Kashmir: The Unfiltered Truth" and "House Without Witness", on Monday, Khurshid argued that while the Constitution speaks of fraternity, equality and liberty, federalism has not always received the attention it deserves in judicial interpretation. "Federalism is something we perhaps lost out on when there was a chance for the SC to take up what was a true test case of federalism... There was a crucial moment when an Article 370 matter came before the SC to examine federalism in its extreme form. "However, on the government's assurance, conveyed by the Attorney General, that Jammu and Kashmir's full statehood would be restored swiftly, the court felt that it need not

Tiger Global ruling unlikely to spook FPIs, but raises bar on tax substance

Market participants broadly view judgment as fact-specific, centered on interpretation of grandfathering provisions under the India-Mauritius tax treaty and application of General Anti-Avoidance Rule

From Azadi to Tiger: A paradigm shift in India's treaty landscape

SC's Tiger Global ruling marks a shift in India's tax jurisprudence, unsettling treaty certainty, expanding anti-avoidance scrutiny and raising concerns over predictability for foreign investors

Delhi HC rejects Sengar's plea in death of Unnao rape victim's father

In March 2020, a trial court sentenced Sengar to 10 years of rigorous imprisonment and imposed a fine of ₹10 lakh for the custodial death of the survivor's father