Page 167 - Supreme Court

Israel's court overturns key component of Netanyahu's judicial overhaul

Israel's Supreme Court on Monday struck down a key component of Prime Minister Benjamin Netanyahu's contentious judicial overhaul, a decision that threatens to reopen the fissures in Israeli society that preceded the country's ongoing war against Hamas. Those divisions were largely been put aside while the country focuses on the war, which was triggered by a bloody cross-border attack by Hamas. Monday's court decision could reignite those tensions, which sparked months of mass protests against the government and had rattled the cohesion of the powerful military. There was no immediate reaction from Netanyahu. In Monday's 8-7 majority decision, the court narrowly voted to overturn a law passed in July that prevents judges from overturning government decisions they deem unreasonable. Opponents had argued that Netanyahu's efforts to remove the standard of reasonability opens the door to corruption and improper appointments of unqualified cronies to important positions. The law was th

Not appropriate to respond to criticism on my judgement: CJI on Article 370

Chief Justice of India DY Chandrachud on Monday refused to respond to criticism of the unanimous five-judge bench verdict of the Supreme Court upholding scrapping of Article 370 of the Constitution, saying the judges decide a case "according to the Constitution and the law". In an exclusive interview to PTI, the CJI said the judges speak their mind through their judgement which becomes public property after the pronouncement and people in a free society can always make their opinion about it. "So far as we are concerned we decide according to the Constitution and the law. I don't think it will be appropriate for me either to respond to the criticism or mount a defence to my judgement. What we have said in my judgement is reflected in the reason present in the signed judgement and I must leave it at that," Justice Chandrachud said. The response came to a query seeking his views on recent criticism by some jurists, including a former judge, on the Article 370 verdict, which upheld the

Petition filed in SC against new criminal laws passed by Parliament

A petition challenging the enactment of three new sets of law that seek to overhaul India's penal codes has been filed in the Supreme Court, claiming they suffered from many "defects and discrepancies". The Lok Sabha had on December 21 passed three key legislations -- the Bharatiya Nyaya (Second) Sanhita, Bharatiya Nagarik Suraksha (Second) Sanhita, and the Bharatiya Sakshya (Second) Bills. President Droupadi Murmu gave her assent to the bills on December 25. These new laws-the Bharatiya Nyaya Sanhita, the Bharatiya Nagarik Suraksha Sanhita and the Bharatiya Sakshya Act-will replace the Indian Penal Code, the Code of Criminal Procedure and the Indian Evidence Act. While seeking a stay on the operation of the three laws, the PIL filed by advocate Vishal Tiwari said they were enacted without any parliamentary debate as most of the opposition members were under suspension. The plea has sought directions from the court to immediately constitute an expert committee to assess the viabil

Gains and many losses: 2023's blend of revival and heartfelt goodbyes

A hot streak for entertainment that beat the Covid blues, and views and verdicts that caused ripples made news in a year when several stalwarts bid adieu

From Article 370 to demonetisation, key judgements delivered in 2023

Year ender 2023: From Jammu and Kashmir's special status to same-sex marriage refusal, here are key rulings of 2023

Ram temple: Lord Ram's childlike idol to be installed in sanctum sanctorum

The trust secretary said that the temple is being constructed on the northern part of the 70-acre land, handed over to Hindus by Supreme Court in 2019

SC constitutes committee of judges for preparing SOP on adjournments

The Supreme Court has constituted a committee of judges for preparing a standard operating procedure (SOP) for lawyers seeking adjournment of proceedings. The panel has invited suggestions of the Bar and other stakeholders on the issue. The development comes after the Supreme Court Bar Association and the Supreme Court Advocate on Record Association raised concern over circulars issued by the top court about discontinuation of the practice of circulation of adjournment slips. The apex court had issued two circulars on December 5 and 22 regarding discontinuation of the practice. "In order to accommodate the request of listing maximum number of cases in the interest of litigants and in view of the ensuing winter vacation, all stakeholders to note that the practice of circulating adjournment slips/letters is discontinued with immediate effect till December 15, 2023. In case of any genuine difficulty, a request for adjournment can be made before the Court concerned," the circular issue

Maratha reservation: SC to consider Maha govt's curative petition on Jan 24

The Supreme Court will consider on January 24 a curative petition filed by the Maharashtra government against the judgement that had quashed the state law granting reservations to Marathas in education and government jobs. A curative petition is the last legal recourse in the apex court and is generally considered in-chamber unless a prima facie case is made out for reconsideration of the verdict. A five-judge constitution bench of the top court had on May 5, 2021 delivered its verdict on petitions related to the Maharashtra government's decision to grant quotas to the politically influential community. The apex court had refused to refer to a larger bench to revisit its 29-year-old Mandal verdict putting a cap on quotas at 50 per cent as it quashed a Maharashtra law granting reservations to Marathas in admissions and government jobs in the state, saying it violated the principle of right to equality. Later, on April 11 this year, the top court had dismissed a batch of petitions, .

Maratha quota row: Jarange to stage indefinite strike in Mumbai from Jan 20

Maratha quota activist Manoj Jarange on Saturday announced he will start an indefinite strike at Azad Maidan in Mumbai from January 20 to intensify his demand for reservation for the community. Addressing a massive rally in Beed district in Maharashtra's Marathwada region, Jarange claimed "crores" of people from the Maratha community will come to Mumbai on January 20. Meanwhile, in a video message, Chief Minister Eknath Shinde said the Supreme Court has accepted the curative petition filed by the state government pertaining to the Maratha reservation issue and has scheduled a hearing on January 24. This, Shinde said, has opened a "window of hope' for the community. He asserted his government is committed to giving reservation to the Maratha community and urged people to observe restraint. Shinde also said quota benefits of other groups will remain untouched while giving reservation to the Marathas. Speaking at the rally in Beed, Jarange said, "I will start an indefinite hunger st

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Indian judiciary has 'no jurisdiction' in Nikhil Gupta case: Czech

India's judicial authorities have "no jurisdiction" in the case involving Nikhil Gupta, Czech justice ministry spokesperson Vladimir Repka has said, days after his family approached the Supreme Court seeking its intervention in the matter. Gupta, charged by the US government of involvement in a conspiracy to kill a Sikh separatist on American soil, has been in a jail in Prague since he was detained in the Czech Republic around six months ago. The US has approached the Czech government for Gupta's extradition and proceedings relating to it are underway. "Any judicial authorities of the Republic of India have no jurisdiction in the matter in question, the case is under the jurisdiction of the competent authorities of the Czech Republic," Repka said. A family member of Gupta, 52, approached the Supreme Court last week pleading for issuing direction to the Indian government to intervene in the extradition proceedings and ensure a fair trial in the case. The US federal prosecutors have

Rijiju criticises Cong, DMK MPs for questioning SC ruling on Article 370

"India is known for its diversity but if we allow Congress & DMK agenda to succeed, India will break up. Freedom of speech is not for self-determination," the Union Minister added in his post

Centre to move SC again to get funds from Sahara Group to repay investors

The cooperation ministry has also launched a portal where investors can make an application to get their money stuck in societies

Gautam Navlakha granted bail: who is he? What are charges against him?

Navlakha is a journalist and a human rights activist, who was formerly an editorial consultant with EPW. The NIA took over his case from the police In January 2020

SC quashes GST department's plea against HC order on input tax credit

Experts divided on whether the verdict will set a precedent in similar cases

ASI submits survey report on Gyanvapi Mosque to Varanasi district court

The report was shared in a sealed cover and the same will be shared with the petitioners on December 21

Private lives at households not constitutional vacuums for injustice: CJI

Chief Justice of India D Y Chandrachud on Sunday said though households provide a private sanctuary to the inhabitants, it may not be simply an equitable space. Dwelling on the topic Constitutional imperativeness of the state, navigating discrimination in public and private spaces' the Chief Justice underlined that the gain of improving private lives will reflect on public life as well, for these private structures are not constitutional vacuums'. Justice Chandrachud was delivering the Justice E S Venkataramaiah Centennial Memorial Lecture organised by the National Law School of India University, Bengaluru here. According to the CJI, courts in India have in the past privileged the institution of marriage over the individual. The courts inherited the thought that the need to preserve the institutions is greater than the need to protect individual's rights. The sensitive sphere of privacy of homes was considered to be an intimate sanctuary, immune from the applications of the core ..

Haryana now stands as a model state in stubble management: CM Khattar

Chief Minister Manohar Lal Khattar Saturday said Haryana now stands as a model state in stubble management, as he emphasised the recent Supreme Court verdict advising Punjab to learn from Haryana in checking farm fires. Interacting with the state's farmers through audio conferencing during the 'CM ki Vishesh Charcha' programme, Khattar praised their efforts to reduce stubble burning incidents, according to an official release. He said there has been a 36.4 per cent decrease in cases of stubble burning in Haryana, whereas Punjab saw a 27.1 per cent decline. Citing a report by the Indian Council of Agricultural Research (ICAR), Khattar said until November 22, Haryana recorded 2,239 stubble burning cases, significantly lower than 36,118 such incidents in Punjab. The state has taken several steps for stubble management, setting a unique precedent nationally by fixing a rate of Rs 2,500 per tonne for stubble purchase, the statement quoted him as saying. Additionally, a provision has be

SC to hear plea of detained Indian for plot to kill Sikh separatist in US

The Supreme Court on Friday deferred the hearing for January 4, 2024 on a habeas corpus plea moved by Indian national Nikhil Gupta, who has been accused of plotting an assassination attempt on Sikh separatist Gurpatwant Singh Pannun on American soil. A bench of Justices Sanjiv Khanna and S V N Bhatti described the matter as an "extremely sensitive issue for the Ministry of External Affairs" and told senior advocate C A Sundaram, representing Gupta, to approach a court in the Czech Republic, where his client is lodged in a jail. Sundaram told the bench that he is not pressing his habeas corpus prayer at this stage, but only seeking consular access and a direction to the Indian envoy in the European country to find out about the status of the case as his client is not being told anything. The bench asked the senior lawyer about the person who has filed the petition in the apex court, to which Sundaram said on behalf of Gupta, one of his family members has moved the plea in the capacit

Chennai tribunal gives split verdict over GST on salaries to expats

The issue dealt with by Cestat was limited to the question of valuation and arriving at the taxable value and not the taxability of the transaction