Page 145 - Supreme Court

Centre asserts in SC its right to levy excise duty on industrial alcohol

Asserting its right to regulate industrial alcohol, the Centre told the Supreme Court on Thursday that legislative power to levy excise duty on alcohol not fit for human consumption but meant for industrial use lies exclusively with Parliament. Arguing before a nine-judge constitution bench headed by Chief Justice D Y Chandrachud, Attorney General R Venkataramani submitted that a "conscious decision" was taken to treat alcoholic liquors fit for human consumption and alcoholic liquors not fit for human consumption separately, with the former falling within the domain of provincial legislatures and the latter within the ambit of the federal legislature. "It is submitted that the legislative power in relation to levy excise duty upon non-potable liquor is exclusively with the Parliament, and upon potable liquor is exclusively with the Legislatures of the States," Venkataramani told the bench, also comprising Justices Hrishikesh Roy, Abhay S Oka, B V Nagarathna, J B Pardiwala, Manoj ...

Supreme Court reinstates MP Navneet Rana's scheduled caste certificate

A Bombay High Court judgment in 2021 had questioned the validity of MP Navneet Kaur Rana 'Mochi' caste certificate, claiming it had been procured fraudulently

Follow our orders on party name, symbols: SC to Ajit Pawar, Sharad Pawar

The Supreme Court on Thursday asked both Sharad Pawar and Ajit Pawar factions of the Nationalist Congress Party to abide by its directions on use of symbols, party names and disclaimers in publicity material for the assembly and general elections. A bench of Justices Surya Kant and KV Viswanathan, while disposing of the applications filed by both sides on non-compliance of its March 19 order, said it is high time that leaders of both factions should be somewhere else and not courts. It directed the Sharad Pawar faction to sensitise party workers on using the name 'Nationalist Congress Party-Sharadchandra Pawar' and symbol 'man blowing turha' (a traditional trumpet also known as tutari) in poll campaigns. It further directed that the faction led by the veteran leader to ask their party workers, leaders, office bearers and lawmakers not to use the clock' symbol in poll advertisements, which has been allotted to the Ajit Pawar led bloc of the NCP. Similarly, it asked the Ajit Pawar ..

SC sets aside verdict cancelling caste certificate of MP Navnit Rana

The Supreme Court on Thursday set aside the Bombay High Court verdict cancelling the caste certificate of Amravati MP and BJP leader Navneet Kaur Rana. Allowing the plea of Rana, a bench comprising justices JK Maheshwari and Sanjay Karol said the high court should not have interfered with the report of the scrutiny committee on the issue of caste certificate of Rana. On June 8, 2021, the high court had said the 'mochi' caste certificate was obtained fraudulently using fabricated documents by Rana. It had also imposed a fine of Rs 2 lakh on the Amravati MP, saying the records indicated that she belonged to the 'Sikh-Chamar' caste. Rana, who had won the reserved Amravati parliamentary seat in Maharashtra as an independent candidate in 2019, has recently joined BJP and is all set to contest from the same constituency.She was backed by the NCP in 2019.

SC to hear plea for cross-verification of EVMs with VVPAT by voters

The NGO had sought direction from the Election Commission and the Centre to ensure the voters are able to verify through VVPATs that their vote has been 'counted as recorded'

SC directs deletion of Bansuri Swaraj's name from Sanjay Singh's bail order

The Supreme Court on Wednesday ordered the deletion of advocate Bansuri Swaraj's name from its order of granting bail to AAP leader Sanjay Singh after the Enforcement Directorate said her name got added to the list due to an "inadvertent error". A bench headed by Justice Sanjiv Khanna said, "Ok, we will correct the order." Advocate Zoheb Hussain, appearing for the ED, said Swaraj did not appear in the case nor did she represent the agency in the matter. "Due to some inadvertent error her name is reflected in the appearance slip," Hussain said. Bansuri Swaraj is a BJP candidate from the New Delhi parliamentary constituency. On Tuesday, the top court granted Rajya Sabha MP Sanjay Singh bail in a money laundering case related to the Delhi excise policy scam after the Enforcement Directorate said it had no objections. Singh, who has been in jail for six months, was ordered to be released by a bench of Justice Sanjiv Khanna, Justice Dipankar Datta and Justice P B Varale.

Excise 'scam': Delhi court directs Sanjay Singh not to tamper with evidence

A Delhi court on Wednesday directed AAP leader Sanjay Singh not to tamper with evidence or influence witnesses in the Excise "scam" case. Special Judge Kaveri Baweja passed the directions before passing an order to release Singh from Tihar central jail following bail granted to him by the Supreme Court on Tuesday. The judge also directed Singh to submit passport, inform it about itinerary before leaving NCR, and to always keep his phone location on. During the brief hearing, Singh's counsel informed the court that the politician's wife would be surety for the accused in the matter. "I (Singh) am the Member of Parliament. There is no flight risk," the counsel told the court. The judge directed the accused to submit a personal bond of Rs 2 lakh and one surety of same amount.

SC to hear next week plea for cross-verification of votes with VVPAT

The Supreme Court on Wednesday said it would hear next week a plea by an NGO seeking cross-verification of the votes cast in EVMs with Voter Verifiable Paper Audit Trail (VVPAT). A bench headed by Justices Sanjiv Khanna said the plea will be listed next Tuesday or Wednesday after advocate Prashant Bhushan, appearing for the NGO, said the matter should be heard urgently. Senior advocate Gopal Sankaranarayanan, also appearing in the matter, submitted that the elections are nearing and if the case is not heard, the plea would become infructuous. Justice Khanna, who was sitting in a special bench along with Justice MM Sundresh and Bela M Trivedi, said the court is aware of the situation and would hear the matter next week. "Mr. Bhushan, after all, how much time this matter will take. You can make submissions in two-hours and we will finish the matter. Ok. Next week," Justice Khanna said. On July 17, last year, the top court has sought the response of the Election Commission of India o

Lip service, broke every barrier: SC pulls up Ramdev in misleading ad case

The court also came down on the Centre and asked why it 'chose to keep its eyes shut' when Patanjali claimed that allopathy medicine offered no protection against Covid-19

'Lip service, broke every barrier': Ramdev gets lashing from Supreme Court

The Supreme Court said that yoga guru's Patanjali Ayurved company owes an apology to the entire nation for its misleading ads

SC rejects Patanjali's apology, Byju's lays off, AAP's Sanjay Singh gets bail & more Top news

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Lok Sabha polls: Understanding VVPAT slips -- uses, background & debates

The Supreme Court has sought the Election Commission's response following a petition which challenged the current practice of verifying five random EVMs

Illegal sand mining case: SC pulls up 5 TN DMs for not appearing before ED

The Supreme Court on Tuesday pulled up five district collectors of Tamil Nadu for not appearing physically before the Enforcement Directorate despite orders in a money laundering probe in connection with alleged illegal sand mining. It directed the officials to appear before the ED personally on April 25. A bench of Justice Bela M Trivedi and Justice Pankaj Mithal said the officials adopted a "cavalier approach" and the action shows they have no respect for the court, law and the Constitution. "In our opinion, such a cavalier approach will land them in a difficult situation. When the court had passed the order directing them to appear in response to the summons issued by the ED, they were expected to obey the same order and remain present before the ED. "This shows that the officers don't have either respect for the court or the law much less the Constitution of India. Such an approach is strongly deprecated," the bench said. Senior advocates Kapil Sibal and Amit Anand Tiwari, ...

Patanjali misleading ads case: Ramdev tenders apology in Supreme Court

Ramdev submitted an unconditional apology to the Supreme Court, clarifying that Patanjali's intention was solely to encourage healthier living among citizens by promoting the use of its products

SC seeks EC response on 'complete count' of VVPAT slips, Congress lauds

The Congress on Monday hailed as an "important first step" the Supreme Court's notice to the Election Commission and the Centre on a plea seeking a complete count of VVPAT slips and said the matter should be decided before the Lok Sabha polls commence. In a post on X, Congress general secretary Jairam Ramesh said, "The Supreme Court has issued a notice today to the Election Commission on the issue of VVPATs. It bears constant repetition that the Election Commission has refused to meet a delegation of INDIA (bloc) party leaders who have been demanding 100 per cent VVPATs in order to increase public confidence in EVMs and to ensure the integrity of the electoral process." The court on Monday sought responses from the commission and the central government on the plea seeking a complete count of VVPAT slips in polls as opposed to the current practice of verification of only five randomly-selected EVMs through VVPAT paper slips. "The notice is an important first step, but for it to be ..

SC refuses to stay Hindu prayers in southern cellar of Gyanvapi mosque

The Supreme Court on Monday refused to stay the Hindu prayers in the southern cellar of the Gyanvapi mosque in Varanasi even as it ordered a "status quo" on the religious observances by both the Hindu and Muslim sides inside the mosque premises. The court was hearing a fresh plea of the Gyanvapi mosque management committee against an Allahabad High Court decision upholding a lower court's order allowing Hindu prayers in the southern cellar of the mosque. The top court noted that both the Muslim and Hindu sides have been conducting their respective religious observances "unhindered" inside the mosque premises and, therefore, a status quo would serve the ends of justice for now. A bench headed by Chief Justice D Y Chandrachud also sought the response of priest Shailendra Kumar Pathak Vyas by April 30 on the plea of the mosque committee. "Bearing in mind the fact that the namaz is offered by the Muslim community unhindered after the orders dated January 17, 2024 and January 31, 2024,

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No relief to Kerala; SC refers plea on borrowing to Constitution bench

Supreme court referred the plea filed by the State against the Centre over interference with the State's power to borrow and regulate its own finance to a Constitution bench

SC notice to Delhi finance secy on plea alleging non-release of DJB funds

The Supreme Court on Monday issued a notice to Delhi's Principal Secretary (Finance) on a plea of the AAP government alleging that the official was not releasing funds to the Delhi Jal Board despite being approved by the legislative assembly. "My civil servants do not listen to me," the counsel representing the Delhi government told a bench headed by Chief Justice D Y Chandrachud and added that Rs 1,927 crore is yet to be released for the DJB. Senior lawyer Abhishek Singhvi and advocate Shadan Farasat, appearing for the Delhi government, said the recent amendments in the services law have created a situation where the city bureaucrats do not listen to the ministers and are not complying with the orders. "We will ask the Principal Secretary (Finance)," said the bench which also comprised Justices J B Pardiwala and Manoj Misra. The bench did not issue notice to the office of Delhi Lieutenant Governor after taking note of the submissions of senior advocate Mukul Rohatgi that the LG ha

Ceiling on net borrowing: SC refers Kerala govt's suit to five-judge bench

The Supreme Court on Monday referred to a five-judge Constitution bench the suit filed by the Kerala government raising the issue of ceiling on net borrowing. A bench of Justices Surya Kant and K V Viswanathan passed the order on the state's suit, accusing the Centre of interfering in the exercise of its "exclusive, autonomous and plenary powers" to regulate the state's finances by imposing a cap on borrowing. The bench referred to Article 293 of the Constitution, which deals with borrowing by states, and said this provision has not been so far subject to any authoritative interpretation by the apex court. In an original suit filed under Article 131 of the Constitution, the Kerala government has said the Constitution bestows fiscal autonomy upon states to regulate their finances under various articles, and the borrowing limits or the extent of such borrowings are regulated by state legislation. Article 131 of the Constitution deals with the original jurisdiction of the apex court i